HomeMy WebLinkAboutCC - Memo to Council Mayor Robert E. Simison
City Council bleinbei�'-
IIAN � Luke avener,President
Liz Strader,Vice President
DAHO Brian VVhitlock
Doug Taylor
John Overton
Anne Little Roberts
December 30, 2024
MEMORANDUM
TO: Mayor and City Council
CC: City Clerk, City Attorney
FROM: Sonya Allen,Associate Planner
RE: Pine 43 West—CR-2024-0003
History: On November 21,2024,the Planning&Zoning Commission approved a Conditional Use
Permit(CUP)(H-2024-0038)for a drive-through establishment within 300-feet of existing residential
uses to the west, south, and southeast, and residential zoning district to the south(i.e. R-15) and southeast
(i.e. R-40).
Approved Use: The drive-through is for a restaurant which is planned in the western-most tenant space
of a new 10,100-square foot multi-tenant building on the southern portion of the site on Pad B (see site
and landscape plans below). The drive-through was approved for pick-up service only; a menu board
and/or speakers was not approved.
UDC Requirements: The UDC(Table 11-2B-3)requires a 25-foot wide landscape buffer to residential
uses on C-G zoned property sharing a contiguous lot line with a residential use; landscaping is required
within the buffer in accord with the standards set forth in UDC 11-313-9C. Because the abutting property
to the west contains a multi-family residential use and the subject property consists of one(1)parcel of
land,a buffer is required along the entire western boundary of the site. However,the UDC does allow the
width of the buffer to be modified by City Council at a public hearing with notice to surrounding property
owners; a reduction in the buffer width does not affect building setbacks—all structures are required to be
set back from the property line a minimum of the buffer width required in the district(i.e. 25'),per UDC
11-313-9C.2.
Staff is in the process of proposing an amendment to the UDC,which would allow buildings to encroach
in the buffer area if consent from the abutting property owner is obtained and if Council grants a
reduction to the buffer width. In the interim of a code change,the Director has determined a building can
encroach within the required buffer area if Council grants a reduction to the buffer width and a reduced
setback and consent from the adjacent property owner is obtained for the reduced buffer and building
setback. A letter of support for the reduced buffer width and associated building setback was submitted
from the owner of the abutting residential property provided that a privacy fence and increased plantings
are completed along the west boundary of the site,which will provide visual and sound buffering to the
residential units.
Applicant Request: The Applicant requests City Council approval of a reduced buffer width of 7-feet
adjacent to parking and 10-feet adjacent to the rear of the future single-story building on Pad A with a
reduced building setback of 15-feet. The reason for the request is due to the alignment of N. Webb Ave.
along the site's east boundary—it shifts abruptly to the west as it intersects with Fairview Ave. in order to
align with the access point on the north side of Fairview,which reduces the width of the northern portion
of the parcel by more than half of the southern portion of the parcel. The proposed site layout,with the
building along the west boundary,provides an added buffer and screening between the adjacent
residences and the parking area.
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