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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 4



Meeting Date: February 12, 2008

Subject/Title: Set the date of February 26, 2008, 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 (DR 05-27) for the City Block retail center to allow for a left-in turn pocket for westbound traffic at the main 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


RECOMMENDATION
Set February 26, 2008, 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 left-in turn pocket for westbound traffic at the main Balfour Road entrance.

PREVIOUS ACTIONS
• 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 denial of a design review amendment application for a full access signalized intersection on March 6, 2007.

• City Council denial of an appeal, upholding the Planning Commission’s denial on the full access signalized intersection on May 22, 2007, and referring any alternative access designs to the Planning Commission for consideration.

• Planning Commission hearing on November 20, 2007, considering the request for a left-in turn pocket. No action was taken as a majority vote could not be obtained and one Commissioner was absent. Pursuant to Council Policy 110-1, the item was automatically added to a future agenda.

• Planning Commission hearing on January 15, 2008, effectively denying an amendment to the design review to allow for a left-in turn pocket for westbound traffic at the main Balfour Road entrance.


BACKGROUND
The original City Block design review (DR 05-27) was approved by the Planning Commission on March 21, 2006. At the Planning Commission meeting of November 20, 2007, a public hearing was held regarding the applicant’s design review amendment request for the installation of a left-turn pocket for westbound traffic at the main entrance to the City Block project along Balfour Road. After the close of the public hearing and discussion, the Commission voted on a motion to deny the project, however no action was taken as a majority vote could not be obtained and one Commissioner was absent. Therefore, pursuant to Council Policy 110-1, Rule 16, the item was added to a future agenda.

At the January 15, 2008, Planning Commission meeting, this item was again agendized and heard. The public hearing was closed and after Commission discussion, the vote took place. A motion to deny the project did not pass, with two Commissioners voting for denial and two opposed. Commissioner Stirling did not participate due to a conflict. No further motions were made; therefore, the proposed amendment was effectively denied.

Matt Ellison of K & E Properties has filed an appeal of this denial based on information contained in the traffic analysis prepared for the project and on his opinion regarding vehicle and pedestrian safety issues.

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 February 26, 2008, as the date for the hearing on the appeal request.

FISCAL IMPACT
The applicant paid the required $122 appeal fee.


Attachments:
1. Appeal application received from Matt Ellison of K & E Properties, dated “Received January 23, 2008”

2. Letter from Matt Ellison of K & E Properties dated January 22, 2008

 
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