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File #: RES 2020-035    Version: Name:
Type: Quasi-Judicial Resolution Status: Passed
File created: 2/3/2020 In control: Town Council
On agenda: 4/21/2020 Final action: 4/21/2020
Title: Resolution Approving the Plum Creek Convenience Site Residential/Non-Residential Interface Development Plan (Continued from March 17, 2020 Council Meeting) (This hearing not to begin before 6:00 p.m.) [located at the southeast corner of East Plum Creek Parkway and Lake Gulch Road]
Attachments: 1. Staff Report, 2. Attachment A : Resolution, 3. Attachment B: Exhibit 1 Site Plan - Landscape Plan - Elevations, 4. Attachment C: Comments from Residents (rev. 4/21/2020), 5. Attachment D: Draft Planning Commission Minutes, 6. Exhibit A: Petitions received 4/15/2020 (rev. 4-21-2020), 7. Addendum Memo - Corrections (added 4/21/2020), 8. Public Comments submitted online (04/21/2020), 9. Staff Presentation, 10. Applicant Presentation
Related files: PC 2020-002

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Interim Director, Development Services

 

From:                     Brad Boland, AICP, Planner II, Development Services

 

Title

Resolution Approving the Plum Creek Convenience Site Residential/Non-Residential Interface Development Plan (Continued from March 17, 2020 Council Meeting) (This hearing not to begin before 6:00 p.m.) [located at the southeast corner of East Plum Creek Parkway and Lake Gulch Road]

Body

______________________________________________________________________

 

PUBLIC HEARING

 

Resolution Approving the Plum Creek Convenience Site Residential/Non-Residential Interface Development Plan

 

The Town Council will now consider a request for the approval of a Resolution Approving the Plum Creek Convenience Site Residential/Non-Residential Interface Development Plan.

 

In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.  

 

It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing. 

 

Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.

Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?

 

The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:

                     Staff Report:                      as needed

                     Applicant Presentation:                      as needed

                     Public Comment:                      as needed

                     Applicant Response                       as needed

                     Council Questions:                       as needed

                     Follow-up Questions:                      as needed

 

Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).

 

Mrs. Vargish, the staff introduction please

 

(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)

 

Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action? 

 

I now close the public hearing and refer this to Council for discussion and action.

 

 

 

 

AGENDA MEMORANDUM

 

 

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Interim Director, Development Services

 

From:                     Brad Boland, AICP, Planner II, Development Services

 

Title:                     Resolution Approving the Plum Creek Convenience Site Residential/Non-Residential Interface Development Plan

 

 

Executive Summary

 

This public hearing item was continued from the March 17, 2020 Town Council meeting due to the social distancing and stay-at-home orders.  Although the continuation was done through the proper legal actions, staff worked with the applicant to send additional notifications out regarding the new public hearing date.  To improve resident outreach, the applicant has mailed an additional public hearing notice to properties within 500 feet of the project on April 10, and Town staff has emailed notifications of the meeting change to all email addresses they had on file for this project March 13, March 18, and April 15.  It is staff’s intent that this additional outreach will increase awareness of this project and scheduled public hearing.

 

Plum Creek Investments, LLC is proposing a gas station with carwash, convenience store, and additional retail space. The project is located at the southeast corner of East Plum Creek Parkway and Lake Gulch Road, adjacent to a new roundabout and planned widening of East Plum Creek Parkway.

 

The project is subject to the Residential/Non-Residential Interface Regulations, which requires public hearings with the Planning Commission and Town Council. Gas station and convenience stores are permitted uses in the Young American PUD and PUD Zoning Regulations so the purpose of the Council public hearing is to determine if the project complies with the Residential/Non-Residential Interface Regulations, not to determine if a gas station, convenience store, and retail uses are allowed.

 

The Planning Commission held a public hearing on February 27, 2020, and voted 5-0 to recommend approval of the application. Six residents addressed the Commission and spoke against the application stating the proposed gas station and convenience store is not compatible with the surrounding community. See minutes in Attachment D.


Budget Impact

 

Development of the property will generate plan review fees, building permit fees, development impact fees, and commercial retail sales tax.

 

Planning Commission Review and Findings

 

On February 27, 2020 the Planning Commission reviewed and discussed the application according to the Residential/Non-Residential Interface Regulations and site plan standards at a public hearing. The Planning Commission made the following findings:

 

                     The Site Development Plan supports the objectives of the Vision 2030 and the Comprehensive Master Plan.

                     The Site Development Plan meets the requirements of the Young American PUD and PUD Zoning Regulations.

                     The proposed SDP meets the review and approval criteria for Site Development Plans in the Municipal Code, Chapter 17.38.

                     Adequate water, wastewater, storm sewer and road infrastructure exists or is proposed to serve the property. 

                     The Site Development Plan meets the criteria and intent of the Residential/Non-Residential Interface Regulations, Chapter 17.50.

 

Recommendation

 

The Planning Commission, by a vote of 5-0, recommends approval of the proposed SDP finding the application meets the Residential/Non-Residential Interface Regulations.

 

Proposed Motion

 

I move to approve the Resolution as introduced by title.

 

Attachments

 

Attachment A:  Resolution

Attachment B:  Exhibit 1 - Site Development Plan, Landscape Plan, Building Elevations

Attachment C:  Comments from Residents

Attachment D:  Draft Planning Commission Minutes