Agenda - Council - 04/10/2007 - Laserfiche WebLink

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Charter Commission and contingent on the City Attorney determining it will be an effective ordinance. City Attorney Goodrich advised the City Council's unanimous actio recommendation of the Charter COinmission because of the difference in ective dates. The Charter Commission is meeting on January 18, 2007, at which f the 2011 date will be submitted for their consideration anq recommendation. Jv1r. Goo . advised he has determined that from a legal standpoint, a recommendation by the Ch ommission for January 1,2011, will satisfy the State Statute requirements of both b . es; the Charter Commission and City Council will have approved the Charter amendm . It does not appear that any person will be prejudiced by the order of events here, that' e Charter recommendation coming after the City Council's unanimous approval. Jv1r. odrich advised while he can find no legal precedent for this legal opinion, he is of the . on that it is a logical practical conclusion. However, if the Charter Commission does recommend the January 1,2011 date, the charter amendment will faiL Mayor ec left the Council dais at 7:30 p.m. to abstain from discussion and vote on Case , ,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 are related and will be discussed together. Case No.5 relates to the request ofDPM 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 Inve'stments 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. AssociateJ'lannerJ'l-eisler reviewed that on April 26. 2005, the City Council adopted an Interim Policy for proposed land use changes that are requested prior to the completion of the Comprehensive Plan 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 should 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 staff's opinion the, traffic generated by the proposed twinhomes City Council! January 9, 2007 Page 10 of 24 -108-