HomeMy WebLinkAboutPlanning Commission Resolution 2014-35 10/28/2014RESOLUTION NO. 2014-35
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DENYING A ZONING MAP AMENDMENT TO THE IMPLEMENTING ZONING
ORDINANCE FOR THE LYNCH CREEK PLAZA PROJECT LOCATED AT THE
CORNER OF NORTH MCDOWELL BOULEVARD AND LYNCH CREEK WAY
APN 007-380-007
FILE NO. 12 -GPA -0236
WHEREAS, Browman Development, Inc., submitted an application for a General Plan
Amendment and Zoning Map Amendment to change the land use designation and zoning of
the project site located at the corner of North McDowell Boulevard and Lynch Creek Way (APN
007-380-007) from Business Park to Mixed Use and the corresponding MU1 B zoning district; and
WHEREAS, on May 28, 2013 and July 9, 2013 the City's Planning Commission held duly
noticed public hearings to consider the requested Zoning Map amendment and denied the
requested amendment; and
WHEREAS, on July 18, 2013 Browman Development Inc. submitted an appeal of the
Planning Commission's denial of the proposed Zoning Map Amendment; and
WHEREAS, on September 9, 2013, the City Council considered the Lynch Creek Plaza
project, including General Plan Amendment and Zoning Map Amendment, the Planning
Commission's denial of the Zoning Map Amendment, and the grounds for appeal as submitted
by the applicant, and remanded the project to the Planning Commission for reconsideration
with direction to the applicant to eliminate the drive-thru and make design modifications to
improve compatibility with surrounding development; and
WHEREAS, on February 19, 2014, the applicant submitted revised drawings that included
minor design modifications but retained the original drive-thru configuration, conflicting with
direction from the City Council to eliminate the drive-thru; and
WHEREAS, on April 22, 2014 the City's Planning Commission held a duly noticed public
hearing to reconsider the requested Zoning Map Amendment and denied the Zoning Map
Amendment; and
WHEREAS, on May 5, 2014 Browman Development Inc. submitted on appeal of the
Planning Commission's denial of the proposed Zoning Map Amendment; and
WHEREAS, on June 2, 2014 the City Council considered the appeal of the Planning
Commission's decision and the grounds for appeal as submitted by the applicant, and
remanded the project to the Planning Commission with direction that a modification to General
Plan policy 4-P-12 should be included in the project to allow for the requested drive-thru facility;
and
WHEREAS, the applicant submitted application for a General Plan Amendment to modify
General Plan Policy 4-P-12 to allow new drive-thru facilities for pharmacy drive-thru facilities, a
Zoning Text Amendment for the corresponding discretionary review of such new drive-thru
facilities, and a Conditional Use Permit for the project specific drive-thru facility for the proposed
Walgreens; and
Planning Commission Resolution No. 2014-35 Page 1
WHEREAS, the previously prepared and circulated Initial Study and Mitigated Negative
Declaration for the project and associated entitlements was modified to include the expanded
scope and recirculated for public review; and
WHEREAS, the City's Planning Commission held a duly noticed public hearing on October
14, 2014 to reconsider the proposed General Plan Amendment, closed the public hearing and
continued the item to October 28, 2014, to the next regularly scheduled Planning Commission
meeting with direction to staff to return with resolutions denying the requested entitlements; and
WHEREAS, Implementing Zoning Ordinance section 25.050.13 allows Planning Commission
to make a recommendation to the City Council to amend the Zoning Map if the amendment is
consistent with the General Plan and if the amendment is consistent with the public necessity,
convenience and general welfare; and
WHEREAS, on October 28, 2014, at a duly noticed meeting, the Planning Commission
heard the continued item.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby denies the
proposed Zoning Map Amendment to rezone the subject property from BP (Business Park) to
MU 1 B (Mixed Use) based on the following:
1. Findings:
a. The Planning Commission recommended to the City Council denial of the
requested General Plan Amendment to change the land use designation to
Mixed Use based on findings outlined in Planning Commission Resolution 2014- 34.
b. The proposed project is not consistent with Guiding Principles #6 and # 1 1 of the
General Plan in that it doesn't increase alternative transportation choices,
minimize auto dependency, or offer sustainable design principles to minimize
environmental impacts or foster a sustainable community.
c. The proposed amendment to the Implementing Zoning Ordinance to rezone the
subject property from BP (Business Park) to MU 1 B (Mixed Use) is not consistent with
the current General Plan designation of Business Park.
d. The proposed project does not further the general welfare because it does not
represent a mixed use development consistent with the intent of the MU1 zoning
districts to facilitate a shift away from auto -oriented commercial areas.
e. The proposed project does not further the public convenience because it does
not implement the intent of the MU1 B zoning district to utilize larger parcel sizes
along major arterial roadways for mixed use development in that the proposal is
for an auto -oriented commercial center.
f. The proposed project does not address any public necessity because there are
several existing pharmacies within close proximity to the site.
2. The Planning Commission cannot find that the proposed Zoning Map Amendment is
consistent with the current General Plan.
3. The Planning Commission finds the record lacks substantial evidence to support a
finding that the proposed Zoning Map Amendment is consistent with the public
necessity, convenience and general welfare.
Planning Commission Resolution No. 2014-35 Page 2
Therefore, the Planning Commission denies the requested Zoning Map amendment
ADOPTED this 281h day of October, 2014, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Benedetti- Petnic
X
Lin
X
Gomez
X
Marzo
X
Councilmember Miller
X
Vice Chair Pierre
X
Chair Wolpert
X
ATTEST:
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Bill Wolpert, Chair
APPROVED AS TO FORM:
Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2014-35
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