Agenda Packets - 2002/07/22 - Laserfiche WebLink

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Jakes Parking Lot Expansion Removal of Lot from Theater PUD July 22, 2002 Page 2 tree cover and the development setback, which was set at 50 feet (the location of the existing privacy fence demarcates the 50 -foot setback.) Setback: The Jacobs are requesting the ability to develop the site for additional parking, utilizing a 30-foot setback instead of the current 50 -foot setback, with the possibility of a lesser setback closer to the Jake’s building where no trees are located. The Jacobs are aware that any encroachment into the 30-foot setback would necessitate approval of a variance and as such an application has been made and a public hearing held by the Planning Commission. While no action was taken on the variance request, the Planning Commission did unanimously support the removal of this lot from the theater PUD to facilitate and support the Jake’s parking expansion. Tree Cover vs. Parking: While the Jacobs recognize the value (both environmental and aesthetic) of mature trees and the secondary purpose of providing a buffer to the residents on County Road H2, they need to provide adequate and sufficient parking for their patrons. The business currently does not comply with the City’s minimum parking requirements and patrons frequently park in the theater parking lot or overflow onto the County Road H2 right of way. The situation at Jake’s will worsen with the expansion and reconstruction of County Road H2 this summer, which will result in the elimination 13 stalls from the Jake’s site. The Jacobs consider the parking expansion onto the theater office lot critically important to the viability and success of their business. Procedurally: The process for removing a parcel from a PUD in which it was originally associated begins with a public hearing to consider the action. After duly holding the public hearing and receiving input in response to the request, the City Council would adopt a resolution approving the removal and authorizing an amendment to the dev elopers agreement. In this case, a document entitled “First Amendment to Developers Agreement,” subtitled “Release of Property from Theater PUD and Developers Agreement” would be drafted which would need to be executed by the City and the signers (Louise O’Neil and Jay Anthony) of the original developers agreement. (An example of this kind of document is attached for the Council’s reference.) Recommendation: Staff and the Planning Commission recommend the Council adopt the attached Resolution 5803, which approves the removal of the identified lot from the theater PUD and authorizes the execution of the amendment document. The resolution also stipulates that a new development agreement be entered into with the Jacobs relative to the Jakes Sports Café. T he new development agreement however has not yet been drafted and would not be completed until after the Planning Commission acts on the potential setback variance request.