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AGENDA ITEM REVIEW FORM |
6.F.
Regular City Council Meeting
- Meeting Date:
- 12/09/2015
- Department Head:
- John Starkey
- Submitted By:
- Roman Pacheco, Planning Technician, Planning & Zoning/Building Safety
Action Requested:
Motion
Public Hearing
Public Hearing
ITEM:
Public Hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case No. 2015-0335. A request by Jesus A. Ortiz, property owner, for a Conditional Use Permit as per Article 2-6 Chapter 7 Section 7.1-C.3 of the City of San Luis Zoning Ordinance to allow outdoor dining at El Navegante Restaurant in a Neighborhood Commercial (C-1) zoning district, Assessor’s Parcel No. 775-38-109, located at 840 E. D Street, San Luis, Arizona. (Item continued from October 28, 2015 Regular Council Meeting) (John Starkey, Zoning Administrator)
A. Open public hearing
B. Close public hearing
C. Action on Conditional Use Permit No. 2015-0335
A. Open public hearing
B. Close public hearing
C. Action on Conditional Use Permit No. 2015-0335
SUMMARY:
The applicant is requesting a Conditional Use Permit to allow outdoor dining at El Navegante Restaurant located at 840 E. D Street. The property is zoned as Neighborhood Commercial (C-1) and the existing building was used as a house and now is being used as a storage for the business.
The adjacent property to the east is undeveloped, to the north is a residence, and to the south there is a commercial business (Pro Eventos). All three properties are zoned as Neighborhood Commercial (C-1). To the west side is located the office of APS and is zoned as Community Commercial (C-2).
The owner was allowed to install a Mobile Food Cart with outdoor dining because the original idea was to build a permanent structure to use as an indoor restaurant or remodel the existing house as a commercial building.
In July 2012, a Zoning Ordinance Compliance Agreement was signed by Mr. Ortiz where he agreed to comply with zoning regulations within 6 months (attached). This agreement was made based on the same idea.
Mr. Ortiz submitted two set of construction plans of a new building and they both went thru the review process of the City. At the end, the owner failed to construct on both occasions because of financial difficulties.
The applicant turned in a third set of plans. This time showing an engineered patio, not an enclosed building as was previously planned. In reviewing the plans and talking to the owner, the Zoning Ordinance Compliance Agreement was updated and the applicant agreed to install a commercial kitchen in the existing house and remove the mobile food cart within one year as stated in the agreement. The agreement is attached and was signed August 26, 2015.
In order to allow a permanent outside dining area this conditional use permit is required. Mr. Ortiz submitted engineered set of plans and the City will issue a building permit only if this request is approved and the owner complies with all applicable regulations adopted by the City.
CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on October 6, 2015 at City Hall Council Chambers at 6:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions, and express comments. There were no members of the public present.
PLANNING AND ZONING COMMISSION MEETING
The Planning and Zoning Commission held a public hearing on October 13, 2015. The applicant presented his request to the Commission and no public commented on this request. The Planning and Zoning Commission voted to recommend approval of the conditional use.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various City and outside agencies. We have received comments from the following:
The San Luis Fire Department is requiring that the table arrangements provide for proper egress.
The resident's comment is in support of the conditional use permit.
SURROUNDING PROPERTY OWNERS:
As required by State Statues, staff sent notification letters to property owners within 300 feet of the proposed project (34 letters). Adjacent property owner, Adela Sanchez, commented that cars parking in the alley are damaging her fence. She stated that she is not against this project but would like to have some sort of protection for her fence.
The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
STAFF REVIEW:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.
The Conditional Use Permit is to allow outside dining on property located at 840 E. D Street. It will still be required to comply with all applicable regulations adopted by the City.
Staff recommends approval of Conditional Use Permit Case No. 2015-0335, approval subject to condition that the applicant complies with the Zoning Ordinance Compliance Agreement and with all applicable regulations of the City of San Luis.
The adjacent property to the east is undeveloped, to the north is a residence, and to the south there is a commercial business (Pro Eventos). All three properties are zoned as Neighborhood Commercial (C-1). To the west side is located the office of APS and is zoned as Community Commercial (C-2).
The owner was allowed to install a Mobile Food Cart with outdoor dining because the original idea was to build a permanent structure to use as an indoor restaurant or remodel the existing house as a commercial building.
In July 2012, a Zoning Ordinance Compliance Agreement was signed by Mr. Ortiz where he agreed to comply with zoning regulations within 6 months (attached). This agreement was made based on the same idea.
Mr. Ortiz submitted two set of construction plans of a new building and they both went thru the review process of the City. At the end, the owner failed to construct on both occasions because of financial difficulties.
The applicant turned in a third set of plans. This time showing an engineered patio, not an enclosed building as was previously planned. In reviewing the plans and talking to the owner, the Zoning Ordinance Compliance Agreement was updated and the applicant agreed to install a commercial kitchen in the existing house and remove the mobile food cart within one year as stated in the agreement. The agreement is attached and was signed August 26, 2015.
In order to allow a permanent outside dining area this conditional use permit is required. Mr. Ortiz submitted engineered set of plans and the City will issue a building permit only if this request is approved and the owner complies with all applicable regulations adopted by the City.
CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on October 6, 2015 at City Hall Council Chambers at 6:00 p.m. The intent of this meeting was to allow the public to learn about the project, ask questions, and express comments. There were no members of the public present.
PLANNING AND ZONING COMMISSION MEETING
The Planning and Zoning Commission held a public hearing on October 13, 2015. The applicant presented his request to the Commission and no public commented on this request. The Planning and Zoning Commission voted to recommend approval of the conditional use.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various City and outside agencies. We have received comments from the following:
- City of San Luis Fire Department (9-21-15)
- San Luis Resident (9-17-15)
The San Luis Fire Department is requiring that the table arrangements provide for proper egress.
The resident's comment is in support of the conditional use permit.
SURROUNDING PROPERTY OWNERS:
As required by State Statues, staff sent notification letters to property owners within 300 feet of the proposed project (34 letters). Adjacent property owner, Adela Sanchez, commented that cars parking in the alley are damaging her fence. She stated that she is not against this project but would like to have some sort of protection for her fence.
The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
STAFF REVIEW:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.
The Conditional Use Permit is to allow outside dining on property located at 840 E. D Street. It will still be required to comply with all applicable regulations adopted by the City.
Staff recommends approval of Conditional Use Permit Case No. 2015-0335, approval subject to condition that the applicant complies with the Zoning Ordinance Compliance Agreement and with all applicable regulations of the City of San Luis.
RECOMMENDATION / SUGGESTED MOTION:
1. I MOVE TO OPEN PUBLIC HEARING.
2. I MOVE TO CLOSE PUBLIC HEARING.
3. I MOVE TO APPROVE CONDITIONAL USE PERMIT CASE NUMBER 2015-0335 SUBJECT TO THE CONDITIONS THAT THE APPLICANT COMPLIES WITH THE ZONING COMPLIANCE AGREEMENT AS PRESENTED AND WITH ALL APPLICABLE REGULATIONS OF THE CITY OF SAN LUIS.
2. I MOVE TO CLOSE PUBLIC HEARING.
3. I MOVE TO APPROVE CONDITIONAL USE PERMIT CASE NUMBER 2015-0335 SUBJECT TO THE CONDITIONS THAT THE APPLICANT COMPLIES WITH THE ZONING COMPLIANCE AGREEMENT AS PRESENTED AND WITH ALL APPLICABLE REGULATIONS OF THE CITY OF SAN LUIS.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- NO
- CITY/STATE/FEDERAL FUNDS:
- 0
- TOTAL:
- 0
- BUDGETED:
- 0
- AVAILABLE TO TRANSFER:
- 0
- ACCOUNT #/REMAINING BALANCE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
N/A
Attachments
- Location Map
- Picture of Location
- Site Plan
- Zoning Ordinance Compliance Agreements
- Comments from City of San Luis Fire Department (9-21-15)
- Comments from City of San Luis resident (9-17-15)