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<br />Commission and contingent on the City Attorney determining it will be an effective <br />ordinance. <br /> <br />City Attorney Goodrich advised the City Council's unanimous action was not the recommendation <br />of the Charter Commission because of the difference in effective dates. The Charter Commission is <br />meeting on January 18,2007, at which time the 2011 date will be submitted for their consideration <br />and recommendation. Mr. Goodrich advised he has determined that from a legal standpoint, a <br />recommendation by the Charter Commission for January 1, 2011, will satisfy the State Statute <br />requirements of both bodies; the Charter Commission and City Council will have approved the <br />Charter amendment. It does not appear that any person will be prejudiced by the order of events <br />here, that is the Charter recommendation coming after the City Council's unanimous approval. Mr. <br />Goodrich advised while he can find no legal precedent for this legal opinion, he is of the opinion <br />that it is a logical practical conclusion. However, if the Charter Commission does not recommend <br />the January 1,2011 date, the charter amendment will fail. <br /> <br />Mayor Gamec left the Council dais at 7:30 p.m. to abstain from discussion and vote on Case Nos. 5, <br />6 and 7. <br /> <br />Case #5: <br /> <br />Request for Comprehensive Plan Amendment; Case of DPM Investments, Inc. <br /> <br />Associate Planner Geisler indicated Case Nos. 5,6 and 7 are related and will be discussed together. <br />Case No. 5 relates to the request of DPM Investments for an amendment to the 2001 <br />Comprehensive Plan. The request is to change the land use designation from Places to Shop to <br />Medium Density Residential on the property located on the east side of Ebony Street, just south of <br />Super Bowl. Ms. Geisler explained DPM Investments is proposing to develop the site with 6 <br />twinhome units (3, two-unit buildings), which would require a land use change from Places to Shop <br />to Medium-Density Residential. The subject property is bordered on the north by Super Bowl, on <br />the west by mini-storage units and single-family homes, on the south by a vacant single-family lot, <br />and on the east by single-family homes. <br /> <br />Associate Planner Geisler reviewed that on April 26, 2005, the City Council adopted an Interim <br />Policy for proposed land use changes that are requested prior to the completion of the <br />Comprehensive Plan update. Ms. Geisler reviewed the following staff comments (in italics) in <br />relation to the Interim Policy: <br /> <br />1. The proposed land use considers traffic levels and patterns. <br />a. Traffic impacts of the proposal should be assessed for adjacent streets and affected <br />collector streets. Impacts resulting in a safety hazard, increase in fire or police <br />response time, or substantial increase in traffic congestion should be mitigated. <br />b. Potential future travel corridors should be identified and preserved where feasible. <br /> <br />The site is currently designated as Places to Shop and could be developed as a wide range <br />of highway commercial uses, including motor vehicle sales and repair, gas station, and <br />other retail uses. In staff's opinion the traffic generated by the proposed twinhomes will <br />have a lesser impact on the existing neighborhood than other possible commercial uses. <br /> <br />City Council / January 9, 2007 <br />Page 10 of24 <br />