05/01/2006 Council Packet - Laserfiche WebLink

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4. Possible nonconformance with City regulations. Residents have submitted several excerpts from the zoning ordinance and the "Parks, Natural Open Space /Greenways and Trail System Plan" and identified questions and /or perceived inconsistencies with city policies, ordinances as they relate to the Pomp's Tire approval. Both the Comprehensive Plan and Zoning Ordinance contain policy statements with reference to commercial and industrial development adjacent to residential areas. Specific references to "high development standards" are intended to establish the legal basis and authority for specific regulatory requirements to mitigate compatibility issues between uses as established within the City's regulatory controls. They should not be interpreted to require additional development requirements over and above what is established within the specific ordinance. For instance the zoning ordinance specifically requires that where a side or rear lot line in a Light Industrial district coincides with an adjacent residential or commercial district, or public road right -of -way, a landscaped buffer area shall be provided along such side or rear lot line not less than 40 feet in depth. This specific requirement is required for all uses, both permitted and conditional, within the Light Industrial District that abut residential or commercial properties. This requirement is intended to provide greater separation between residential /commercial uses and industrial uses as well as provide additional screening /landscaping than what is typically required between like uses (i.e., the typical side yard setback in an industrial district is 10 feet). The specific design requirements, as they relate to screening, are spelled out within the ordinance as previously stated above. From staffs review of the submittal items it is our opinion that the Pomp's Tire development satisfies all the required provisions of the City's Zoning Ordinance. 5. Construction traffic entering the site from Jon Avenue. Residents have notified staff of construction vehicles accessing the site from Jon Avenue. The City does not have any existing prohibitions against construction traffic entering a site from a public street. However, we have requested that Pomp's Tire limit construction access from Apollo Court. Staff is aware that as of Friday, dump trucks were using Jon Avenue to bring rock to the site. 6. Problems with an existing private well that reportedly coincided with the timing of the Pomp's Tire site construction activities. Staff was informed that at least one resident has experienced well problems concurrently with the start of construction activities. The specific problem appears to be increased sedimentation in the well requiring multiple filter replacements. Staff has not seen this type of problem previously and Page 4