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STAFFREPORT To: Planning Commission Report No.: VI.1. From: Kim Moore -Sykes, Assistant City Manager Date: Match 2112006 Subject: Request for Conditional Use Permit by Dominium, Inc. for a Salon in The Landings, Silver Lake Active Senior Community Requested Action: Conditional Use Permit Property. Address: 2501- 38th Avenue NE Zoning District: PUD Mixed Use 60 -Da Expires: March 24, 2006; 1/25/06 Advisory Letter for Extension of 60 Day Rule Background: On January 23, 2006, Staff received an application for a Conditional Use Permit via the US Postal Service from Ms. Tonya Schelitzche, Dominium, Inc. for a beauty salon at the Active Seniors Community of The Landings -at Silver Lake Village. Ms. Schelitzche also included the $130 application fee with the application. Ms. Schelitzche indicated in her letter that The Landings would like to include a beauty salon as aP ersonal service for their residents only. Because the application was complete and included, the fee, the City is compelled to abide by the 60 -Day Rule, which requires a jurisdiction to take action on a zoning application within 60 days. Staff sent a letter explaining that the City will require an extension of five (5) days in order to complete the review process and to take action on their request. Requested Action: Ms. Schelitzche, Dominium Development & Acquisition, LLC, submitted an application for a Conditional Use Permit (CUP) for a beauty salon in The Landings at Silver Lake Active Senior Community. The Landings is located at the Silver Lake Village, which is designated as a Mixed Use PUD. Properties that are designated as a PUD gene -tally have more flexibility in planning and may include only those uses generally considered associated with the general land use category according to the Comprehensive Land Use Plan. The City Code does state that in some unique situations, the PUD may allow the approval of use or uses that are not listed as either permitted or conditional uses in any underlying zoning district (1655.04). The underlying zoning districts for the Silver Lake Village PUD is Commercial and Residential. Staff recommended that the property owner secure.a CUP because while this use is allowed in the Commercial Zoning District, it is not normally an allowable use in a Residential Zoning area. Staff could not find evidence that a beauty salon was listed as a possible use in the original development plan for The Landings. By granting a CUP, the City is able to provide some public health oversight for this use. The CUP would also document findings that the proposed use will not be detrimental to health, safety, or general welfare of persons residing or working in the. vicinity; that the use provides a service, which is in the interest of public convenience and will contribute to the general welfare of the community. TheP Pro osed CUP, if approved, will also exist as an addendum to the existing development plan. 032106 Dominium Salon CUP request.doc 10