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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: May 22, 2001

Subject/Title: Clarification of a Conditions of Approval

Submitted by: Jon Elam, City Manager

Approved by: Jon Elam, City Manager


RECOMMENDATION 
Accept or reject the language proposed in staff memo noted October 4, 2000 as it relates to street improvement on Anderson Lane and Kirkman Road in place of Planning Commission Ex. A in Planning Commission Res. 01-14 Condition #14 as requested by the First Southern Baptist Church.

PREVIOUS ACTION
None by City Council

COMMENTS
The Baptist Church located at 3415 Walnut Blvd. had a challenging relationship with the new Kaufman and Broad Homes project (California Orchard) as it related to road designs and improvements. While many issues were on the table, (some left from KB Spirit and Glory), these issues have successfully sorted themselves out.

During all of this, the Church came forward with a proposal for a preschool facility. The requirements for excess parking and access for this center and church raised complex issues.

Last fall, in order to help address these, Engineering and Planning Staff drafted the attached clarification memo, dated 10-4-00, for the Church and the related Deferred Improvement Agreement. Staff at the time did not feel this needed City Council approval, so along comes the preschool application and with that approval is language relating to the same subject covered in the 10-4-00 memo.

The Church met with staff to review the conflict between these two items and staff brings it to council for their thoughts and direction.

The specific question is:

In the 10-4-00 memo, the Church agreed to the installation of street improvement and landscaping extending 114 feet westerly along Anderson Ave. from the curb face on Walnut Blvd. In doing this, it states this shall satisfy the requirements called for in the Deferred Improvement Agreement in order to facilitate the Preschool’s development.

The street improvement required along Anderson Ave. to the corner of Kirkman Road (Phase III) would be done with the construction of a permanent Sanctuary facility that would front on that lot.

The Planning Commission approval included language that states that the Church’s Deferred Improvement Agreement go into place when the Multi-Purpose Church building (Phase III) is developed. This though requires improvements in Anderson Ave. and Kirkman Road, a much more expensive requirement than the 114 feet required in the staff memo, thus since the Deferred Improvement Agreement covering all this must be approved by the City Council, it seemed reasonable to get direction from the City Council on this issue before the final agreement comes forward.

Attached are letters requesting this from the Church and map laying out these details.

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