CCP 10-26-2010 - Laserfiche WebLink

Home Browse Search

Approved included as well. The applicant stated there would be space for the liquor store on the inside of the store, and the other tenants recycling needs will be known when leases are obtained. Commissioner Danger questioned if the building would be 7 inches away from the adjacent office building, Ms. Gundlach clarified that it would be 7 inches from the property line. Commissioner Nichols Matkaiti questioned if the City has an awning requirement over a drive-thru. Ms. Gundlach responded the sign code addresses awnings, but awnings are not required. In this location setbacks would be met. Commissioner Danger questioned how a 7 inch set back is permitted. City Planner Gundlach stated the code permits a zero foot setback; only on an interior side lot line, only if the adjacent user is a commercial use zoned B3. Chair Howard asked for comments, there were none. Motion by Commissioner Howard, seconded by Commissioner McPherson to close the Public Hearing. 7-0 Motion carried Motion by Commissioner Schiferl, seconded by Commissioner McPherson to approve the staff recommendation with the following addition: The applicant will ensure that adequate space exists for all users of the building for storage and pick up of recyclable, materials generated by each user. 7-0 Motion carried (C) Belair Excavating requests consideration of a Zoning Code Amendment, Site Plan, and Special Use Permits to allow adoption of an Environmental Constraint Overlay District as a means to permit an aggregate recycling/crushing operation and to allow a yard waste transfer site at 2200 Old Highway 8 NW. This request is to open the public hearing and begin discussing the proposed uses. Staff has informed the applicant City staff wishes to take an additional month to review the proposed uses. Under State Law, the City can take up to 120 days to review a land use request. The purpose of taking additional time is to determine what conditions need to be placed on the two specially permitted uses and what legislative means is best used to grant the Special Use Permits. City staff has been working with Murlowski Properties for nearly three years and wants to ensure the uses are properly considered and conditioned. The applicant has indicated a willingness to take additional review time. City Planner Gundlach explained In October of 2006, Belair submitted a Rezoning, Comprehensive Plan Amendment, and Special Use Permit request to allow operation of a hot mix asphalt plant on the Murlowski property at 2200 Old Highway 8 NW. This request was denied by the Planning Commission and City Council. The following spring and summer staff began to receive a number of complaints, mainly regarding dust and noise associated with tail gate banging. These complaints prompted staff research of all the property files for 2200 Old Highway 8 NW. What staff concluded was the property only received approvals for the "exterior storage of black dirt, bituminous, concrete, and gravel" in 1991. These approvals did not reference any ability to process the material (i.e. crush/recycle aggregate). City Staff has met numerous times with Belair Excavating staff, the City Attorney, and the City Council. Ultimately, it was directed by the City Council to work cooperatively with Belair Excavating to resolve the nuisance (noise and dust) and land use (illegal crushing operation & expansion) issues. This included