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HomeMy WebLinkAboutMemo from Planning (2)Requested Changes to the Agenda: Item 50• remove from consent a enda ~~P ®~ 200 g Item 7A: remove from agenda ~, ~ ~'~, Item 9 Broadway Integrated Project: The applicant has requested a continuance, but it was my understanding that Council did not want to continue this item again. Therefore, we informed the applicant that it was likely going to be heard tonight. Item 9: Broadway Integrated Project Location: E. Broadway (former Idaho Truss site) Applications: City Council Review of Director's Determination Highlights of Proposed Development: The applicant applied for alternative compliance because they did not want to provide the required on-site parking for the subject mixed-use project. The Planning Director has denied the alternative compliance request because in Old Town the alternative to providing on-site parking is the MDC in-lieu fee. Staff Recommendation: Uphold Director's Determination to deny ALT-08-009. Written Testimony since Staff Report: None Outstanding Issue(s) for City Council: The Council heard this item on July 1, 2008 and was willing to consider other methods (other than in-lieu fee) for alternative compliance for the parking requirement; however, Council required that the applicant demonstrate along-term lease with the 30-day revocation clause OR a shorter term lease (one year) without the 30-day revocation clause. Notes: 9/9/2008 Item 10: McDonald's Redbox Project Location: 3415 Cherry Lane. Near Ten Mile Intersection. Applications: City Council Review of a Certificate of Zoning Compliance Highlights of Proposed Development: install a Redbox Movie DVD Rental kiosk on the south western portion of the property; just north of the entrance for the drive up window. The kiosk is 24 square feet in area. Council continued this item for staff to research what options are available to Council regarding action. Section 11-SA-4 (Administrative Process) of the UDC gives the Director the authority to "require conditions of approval that are deemed .necessary to protect the public health, ~ safety, and welfare and prevent undue adverse impacts on surrounding properties. " Granting a CZC is listed in Table 11-SA-2 as an administrative process. Therefore, Council may direct the Planning Director to impose conditions of approval on the CZC. Elevations/Photo: Yes Staff Action: approved on June 26, 2008 Outstanding Issue(s) for City Council: Testimony and/or discussion at the last hearing focused on the following: 1. Although the plans comply with current code, there is concern that the proposed 24- hour use conflicts with information given the neighbors during talks with the developers and builders. 2. Adjoining residential property owners have expressed concern over the 24-hour use. 3. Council suggested moving the use inside the McDonald's. The franchise owner did not feel the interior design lent itself to having the use inside. 4. Council suggested limiting the hours of the Redbox through the use of a gated enclosure. 5. The City recently passed UDC amendments that limit the h ours of operation within the C-N district from 6 a.m. to 10 p.m. Sample Motions: Denial (upholding the issuance of the CZC as is): After considering all Staff, Applicant, and public testimony, I move to uphold CZC-08-004 as presented during the hearing of September 9, 2008, for the following reasons: (You should state specific reason(s) for the denial of the City Council Review application.) Approval (modifying the CZC): After considering all Staff, Applicant, and public testimony, I move to overrule the Director's decision regarding CZC-08-004 as presented in the staff report for the hearing date of September 9, 2008. I further move that the Director shall issues approvals with the following conditions consistent with the City Council decision: [state conditions] Approval (denying the CZC) NOT RECOMMENDED BY CITY ATTORNEY: After considering all Staff, Applicant, and public testimony, I move to overrule the Director's decision regarding CZC-08-004 as presented in the staff report for the hearing date of 9/9/2008 September 9, 2008, for the following reasons: [state reasons related to public health, safety, and welfare] I further move that the Director shall rescind CZC-08-004 consistent with this City Council decision. 9/9/2008 Item 11: Instant Equity Auto Project Location: 1065 Fairview Avenue; south side of Fairview, west of Locust Grove Applications: City Council Review of the Planning Director's Denial of CZC-08-010 Highlights of Proposed Development: request to operate a car sales lot on the subject property 1) without connection to city sewer, 2) with reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district, 3) without cross access to adjoining properties, and 4) without annexation of contiguous, unplatted parcel held in common ownership. Number of Proposed Buildings: The applicant proposed to convert the existing single family home and detached two car garage. Elevations: Yes (photos of existing buildings) Issues and/or Re uirements b Year 2001 2003 2008 Pro osed use Dr. Office Retail Store uto Sale CUP a royal re aired prior to any develo ment Yes Yes o *Note Landsca ing conforms to ordinance Yes es *lvote 1 Yes Note 4 Irri ation s stem Yes ~`Ma '~ Yes Sidewalk adjacent to Fairview Yes No e Wells removed Yes a Yes Septic removed Yes Yes Connect to ci sewer Yes o *tvote Yes Connect to city water Yes a Yes Cross access to adjoining ro erties Not discussed qt discussed Yes Driveways conform with ACRD olic Yes a Yes DA required as condition of annexation Yes Yes o *Note DA recorded to secure these agreements No No Note 1) From 2003 Miscellaneous application to amend the 2001 annexation provisions: "Existing landscaping may be modified to conform with the intent and purpose of the landscape code pursuant to...alternative compliance... if the future use of the property is a permitted use in the C-G zone and the building footprint is not expanded or modified. Modifications to the landscaping may include additional trees as required and an irrigation system if there is not one provided on site. New construction on and/or the request for a conditional use permit or subdivision of the property will require complete conformance with the adopted landscape ordinance in effect at the time of the new application. " Note 2) From 2003 Miscellaneous application to amend the 2001 annexation provisions: "The applicant shall connect to city water, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. " Note 3) Because the applicant never recorded a DA, staff does not believe that we can hold them to the requirement for a CU approval. Likewise, staff believes they cannot hold us to the provisions they negotiated that were never formalized as part of a DA. 9/9/2008 Note 4) Alternative Compliance is still an option, but it needs to meet the intent and purpose of the landscape ordinance as stated in 2003 and as defined by the UDC. The current proposal depicts 17.5 feet along Fairview; 25 feet is required. The 17.5 feet is the minimum allowed through alternative compliance; the proposed alternative is to plant two additional trees. Vehicle display areas adjoin the 17.5 foot buffer. (Staff fears this sets an unwelcome precedent in that we continually have enforcement issues related to vehicle display parking within landscape buffers.) The application does not state how the proposal complies with the intent and purpose of the landscaping ordinance. Outstanding Issue(s) for City Council: 1) Since a DA was not recorded, should Council direct staff to de-annex this property? 2) Should the applicant bring in the contiguous parcel to the east for annexation and seek , new DA provisions with regard to both properties? If yes, the contiguous parcel could gain access to sewer in Fairview at Jericho. 3) Should applicant enter into a DA with the provisions negotiated in 2003? If yes: a. Should the applicant obtain CU approval for an auto sales lot as required in 2003? b. Is the alternative compliance proposed sufficient to meet intent of code? c. Is having the vehicle display area over the septic leach field acceptable? 4) Should City standby 2003 provisions without benefit of DA? (NOT RECOMMENDED BY CITY ATTORNEY) If yes: a. Is the alternative compliance proposed sufficient to meet intent of code? b. Is having the vehicle display area over the septic leach field acceptable? 5) Should applicant abide by 2008 code requirements? If yes: a. Should the City Engineer approve septic system use? Is having the vehicle display area over the septic leach field acceptable? b. Is the alternative compliance proposed sufficient to meet intent of code? c. Should staff require cross-access to adjoining properties? Sample Motions: Denial (upholding the Director's decision): After considering all Staff, Applicant, and public testimony, I move to uphold the Director's decision to deny CZC-08-010 and ALT-08-004 as presented during the hearing of September 9, 2008, for the following reasons: (You should state specific reason(s) for the denial of the application.) Approval (overruling the Director's decision): After considering all Staff, Applicant, and public testimony, I move to overrule the Director's decision regarding CZC-08-010 and ALT-08- 004 as presented in the staff report for the hearing date of September 9, 2008. I further move that the Director shall issue approvals consistent with the City Council decision. (You should state any specific conditions you want added.) Notes: 9/9/2008