Agenda - Charter Commission - 05/05/2010

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Cliarter Commission and contingent on the City Attorney deternuning it will be an effective ordinance. City Attorney Goodrich advised the City Council's unanimous action was not the recommendation of the Charter Commission because of the difference in effective dates. The Charter Commission is meeting on January 18, 2007, at which time the 2011 date will be submitted for their consideration and recommendation. Mr. Goodrich advised he has determined that from a legal standpoint, a recommendation by the Charter Conunission for January 1, 2011, will satisfy the State Statute requirements of both bodies; the Charter Commission and City Council will have approved the Charter amendment. It does not appear that any person will be prejudiced liy the order of events here, that is the Charter recommendation coming after the City Council's unanimous approval. Mr. Goodrich advised while he can find no legal precedent for this legal opinion, he is of the opinion that it is a logical practical conclusion. However, if the Charter CommlSSion does not recommend the January 1, 2011 date, the charter amendment will fail Mayor Gamec left the Council dais at 7:30 p.m. to abstain from discussion and vote on Case Nos. 5, 6 and 7. Case #5: Request for Comprehensive Plan Amendment; Case of DPM Investments, Inc. Associate Planner Geisler indicated Case Nos. 5, 6 and 7 aze related and will be discussed together. Case No. 5 relates to the request of DPM Investments for an amendment to the 2001 Comprehensive Plan. The request is to change the land use designation from Places to Shop to Medium Density Residential on the property located on the east side of Ebony Street, just south of Super Bowl. Ms. Geisler explained DPM Investments is proposing to develop the site with 6 twinhome units (3, two-unit buildings), which would require a land use change from Places to Shop to Medium-Density Residential. The subject property is bordered on the north by Super Bowl, on the west by mini-storage units and single-family homes, on the south by a vacant single-family lot, and on the east by single-family homes. Associate Planner Geisler reviewed that on Apri126, 2005, the City Council adopted an Interim Policy for proposed land use changes that aze requested prior to the completion of the Comprehensive Plaa update. Ms. Geisler reviewed the following staff comments (in italics) in relation to the Interim Policy: 1. The proposed land use considers traffic levels and patterns. a. Traffic impacts of the proposal should be assessed for adjacent streets and affected collector streets. Impacts resulting in a safety hazard, increase in fire or police response time, or substantial increase in traffic congestion should be mitigated. b. Potential future travel corridors sliould be identified and preserved where feasible, The site is currently designated as Places to Shop and could be developed as a wide range of highway commercial uses, including motor vehicle sales and repair, gas station, and other retail uses. In staffs opiniomthe traffic generated by the proposed twinhomes City Council /January 9, 2007 Page 10 of 24 -34-