Ordinance 2846-05 - Laserfiche WebLink

WHEREAS, City Council held a public hearing to consider the request at which time it took additional public testimony and heard presentations from staff and the applicant on March 23, 2005 , after which the City Council passed Resolution# 5603 in support of the application; and WHEREAS, City Council held a public hearing on July 20, 2005 to take further testimony and make the final decision as reflected by this Ordinance. WHEREAS, CITY COUNCIL FINDS: 1. The purpose for the requested Comprehensive Plan land use map amendment and rezone is to join, for project and zoning purposes, the subject area to the abutting commercial use to the north, which is also owned by the applicant. The reason for this request is due in part to changed circumstances in which busy local traffic conditions have increased to the point where vehicle entry and exit for the subject site has become difficult, and growth in business activity at the adjacent site to the north, under the same ownership, has grown to a point where there is a need for additional parking. 2. Examination of relevant Comprehensive Plan policies shows that while Policy 1.1.3. calls for discouraging conversion of residential areas to commercial use, and discouraging encroachment of commercial uses into residential areas, it does allow for commercial use under section (i) which states, "such conversion is allowed when redevelopment is necessary to preserve the economic viability of an existing commercial use that serves the community." 3. To achieve the indicated land use change the City needs to amend the Comprehensive Plan Land Use map from Multiple Family(1.6) to Mixed Use Commercial—Multi Family(4.4) and Rezone the property from R-3 (Multi Family) to C-1 (General Commercial). 4. Owners of neighboring properties to the east and south have indicated a desire to be screened not just by landscaping but also by a fence along the property line. A sight obscuring fence should be placed along the east and south property lines is important. 5. There have been complaints about trash on the site and refuse placed on adjacent properties by tenants of the commercial operation under property ownership of Lee. WEREAS CITY COUNCIL CONCLUDES: 1. The application provided in support of this action is consistent with the Comprehensive Plan because the change in land use is necessary to the economic viability of the adjacent existing commercial use, which is operated under common ownership with the subject site. 2. Clean-up of the site and adjacent properties and visual impacts to surrounding properties could be mitigated if certain conditions of approval are put forth, as found herein. - 2