Planning Commission Agenda and Packet 2012 03 22

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Planning Commission Meeting Minutes February 23, 2012 Page 4 of 12 Lipton asked if the City has discretion in applying the SRU criteria. Russ stated staff is required to review the technical aspects of the criteria while the Planning Commission could approach the emotional side of the criteria. Brauneis asked if the LMC allows for the applicant to request a rezoning of the property. Russ stated the applicant could request to rezone for the residential but the use is permitted by the LMC as a special review use. Russell asked if it is possible for an SRU to so change a zoning classification that is a defacto rezoning. Russ stated no, because zoning is what you are allowed to develop on a property. He stated the Commission should keep in the mind the Village Condos to the north is 100% residential in the same CC zone district and they were required to be reviewed by the SRU process. Russell asked if an SRU could be considered a non-compatible use. Russ stated the use has been found to be compatible but because of specifics of the use (external) it requires additional review and details. Tengler asked if the city has done other studies to determine what other uses are compatible. Russ stated no and it would be called a specific plan. Lipton stated although we can’t speculate uses, Staff’s recommendation appears to be steering our review of this application. Russ stated he disagreed. Staff is comparing this application to what the current vacant use is on a fiscal economic level. Obviously this request is preferred over a continued vacant use. Lipton asked for the process to be explained again so all can understand the process. Russ provided a review of the process. Russell asked what percent of a use in a Mixed Use area makes it a mixed use. Russ stated more than one use establishes mixed used. O’Connell asked for more detail on the parking. Russ explained how staff reviewed the project for parking based on apartment uses. Lipton asked why the parking management plan is not part of the preliminary application requirement. Russ stated a condition of approval could be added regarding a parking management plan. O’Connell clarified with staff regarding the requirement for the height variance and it being based on the parking garage.