CITY COUNCIL AGENDA ITEM
Meeting Date: April 10, 2007
Subject/Title: Set the date of April 24, 2007, to hear an appeal filed by
Matt Ellison of K & E Properties of the Planning Commission’s effective
denial of an amendment to an approved design review for the City Block
retail center to allow for a four-way signalized intersection at the Balfour
Road entrance. The center is generally located on the vacant land at the
southwest corner of the intersection of Griffith Lane and Balfour Road, west
of the In-Shape City fitness center.
Prepared by: Debbie Hill, Associate Planner
Submitted by: Howard Sword, Community Development Director
Set April 24, 2007, as the hearing date to consider the appeal filed by Matt
Ellison of K & E Properties in regard to the Planning Commission’s effective
denial decision on the proposed amendment to a design review (DR 05-27) for
the City Block retail center to allow for a four-way signalized intersection
at the Balfour Road entrance.
• Planning Commission approval of RZ 06-03 and DR 05-27 on March 21, 2006,
for the 49,112 square foot City Block retail shopping center.
• City Council approval of RZ 06-03 and mitigated negative declaration on
April 25, 2006.
• Planning Commission consideration and approval of an amendment to the
conditions of approval regarding trash enclosure locations and modified site
plan on September 19, 2006.
• City Council hearing of the appeal regarding trash enclosure locations on
October 24, 2006, which was deferred back to the Planning Commission.
• Planning Commission hearing of the appeal regarding trash enclosure
locations on February 6, 2007.
• Planning Commission effectively denies the design review amendment
application for a full access signalized intersection on March 6, 2007.
• Clarification of Planning Commission action and start of appeal period on
March 20, 2007.
At the Planning Commission meeting of March 6, 2007, a public hearing was
held regarding the applicant’s request for the installation of a full
signalized intersection, including left-turn pockets into both the project
site and Veterans Park, and related intersection improvements at their
project entrance to the City Block retail center along Balfour Road. The
original City Block design review (DR 05-27) was approved by the Planning
Commission on March 21, 2006.
At the March 6, 2007, public hearing, public comment was heard and
discussion ensued by the Commissioners regarding concerns on the
appropriateness of providing a signalized intersection at this location.
Topics of discussion were the proximity of this intersection to Rosegate
Avenue, and the installation of another signal on Balfour Road which would
mostly benefit the developer instead of the general public. Concerns were
also brought forth regarding the lack of information on traffic and parking
which may be generated by the possible inclusion of a senior center on the
Veterans Park site.
The public hearing was closed and after Commission discussion, the vote took
place. The application was effectively denied with two Commissioners voting
to deny the project, one against the denial, one abstention and one
commissioner not participating due to a conflict. The effective denial was
clarified at the March 20, 2007, meeting and the appeal period ran from that
Matt Ellison of K & E Properties has filed an appeal of this denial citing
“…the need to further evaluate conditions on the Rosegate and Balfour
intersections with additional studies by experts.”
As required by Section 17.880.003.C, Matt Ellison has completed the required
application, submitted the required appeal fee, and provided a statement
setting forth the specific grounds for the appeal. It is a procedural
requirement that the City Council set the hearing. It is recommended that
the City Council set April 24, 2007, as the date for the hearing on the
The applicant paid the required $118 appeal fee.
1. Appeal application received from Matt Ellison of K & E Properties, dated
“Received March 29, 2007”
2. Letter from Matt Ellison of K & E Properties dated March 28, 2007