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Roll call was taken. Motion passed by a 7-0 vote. <br /> <br />Davidson explained that the reason for zoning open space as agricultural is because the <br />City does not have a separate zoning designation for open space, therefore, agricultural <br />zoning would be the best zoning designation. <br /> <br />RESOLUTION NO. 51, SERIES 1999, A RESOLUTION APPROVING A <br />SPECIAL REVIEW USE AND FINAL PUD DEVELOPMENT PLAN FOR <br />KINKO'S, LOT lB, PARCEL H, CENTENNIAL VALLEY, <br />972 W DILLON ROAD - (continued from 9/7/99) <br /> <br />Keany asked to be excused due to a conflict of interest. <br /> <br />Davidson excused Keany and called for staff presentation. <br /> <br />Paul Wood, Planning Director, stated that the applicant, all star Investments, LLC, is <br />requesting authorization for a Final PUD development plan and Special Review Use for <br />the development of Lot lB of Parcel H. This applicant recently received PUD approval <br />for Lot 6B. Lot lB is located adjacent to Dillon Road, immediately east of Ruby <br />Tuesdays. The proposal reflects one, single-story, 7,132 square foot building in which <br />Kinkos will occupy the entire building. <br /> <br />Planning Commission recommended approval of a 7,500 square foot building of which <br />6,500 square feet would be occupied by Kinkos, with the remaining 1,000 square feet a <br />speculative tenant space. That was the applicant's original request. However, in the <br />interim period between the Planning Commission hearing and the City Council hearing, <br />the applicant revised the request to reflect a reduction in the building floor area and an <br />elimination of the speculative tenant space. Kinkos is now proposed to occupy the entire <br />building. This revision and delay in proceeding forward with the City Council hearing <br />was at the request of Kinko's. <br /> <br />The overall final PUD for parcel H was approved in 1995 and established internal private <br />road configuration, perimeter setbacks, utilities, storm drainage and perimeter signage. <br />The Centennial Valley PCZD general development plan and associated development <br />agreements establish permitted uses and densities for this property. <br /> <br />Parcel H was added to the Centennial Valley PCZD General Development Plan in 1988. <br />The 1988 plan designated the site for 'hotel and mixed use'. In 1995, the plan was <br />amended to reflect a designation of 'hotel, mixed use, and retail'. The Fifth Amendment <br />to the Amended and Restated Development Agreement recorded on July 6, 1995 acts to <br />further restrict and regulate uses on Parcel H. Specifically, the agreement prohibits the <br />following uses which would otherwise be permitted under the PCZD-C District: <br />transportation terminals; hosPitals and clinics (not to exclude medical offices); <br />automobile services; child care; restaurants having drive-through service; fast food <br />restaurants; and manufacturing, assembly or processing facilities. That agreement further <br /> <br /> <br />