HomeMy WebLinkAbout1996-10-16MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, OCTOBER 16,1996 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Mary Beth Broeren, Jane Madera, Susan Pierce, Kim
Langel (recording secretary)
MINUTES: None
ORAL COMMUNICATION: None
ITEM 1: CONDITIONAL USE PERMIT NO.96-72 (ACCESSORY DWELLING UNIT)
APPLICANT/
PROPERTY OWNER: Thomas F. McNamara, 5662 Littler Drive, Huntington Beach, CA
92649
REQUEST: To permit a 639 square foot, one-story accessory dwelling unit
addition to the front of an existing single family dwelling.
LOCATION: 5662 Littler Drive (south side of Littler Drive, approximately 300 feet
east of Birdie Lane).
PROJECT PLANNER: Susan Pierce
Susan Pierce, staff planner, displayed a site plan and stated that this application was a request for
a one (1) story accessory dwelling unit addition to the front of an existing single family dwelling
located in the northern part of Huntington Beach, south of Edinger Avenue and east of
Springdale. The neighborhood was built in the early 1960's and is primarily a one (1) story
neighborhood. The property owner was issued a building permit for a room addition without a
kitchen. The request currently before the Zoning Administrator is to turn the addition into an
accessory unit with a kitchen.
The single family dwelling is a one (1) story house with a 639 square foot addition to the front of
the home. The addition will protrude slightly beyond the garage, however, it will meet the code
requirements for front setbacks. Access will be through the main door of the house but the unit
also will have a private entrance. The accessory unit will have one (1) bedroom and meets the
maximum code requirement of 650 square feet. There is parking in the garage for two (2)
vehicles plus two (2) vehicles in the driveway and parking on -street in front of the house. Staff
supports the request based upon compliance with zoning code requirements and special
conditions that are applicable to this site.
The code requirements include a provision that the property owner pay a park land dedication in -
lieu fee at 25 percent of the single family residence rate which is approximately $800.00. The
code also requires 40 percent of the front yard to be of planting area and that the conditions of
approval, if approved, be recorded with the County Recorders Office. Special conditions require:
1) the main dwelling unit or the accessory dwelling unit be owner occupied; 2) the existing
room addition permit that was issued and the plumbing permit be updated within 30 days to
reference this as an accessory dwelling unit; 3) add any plumbing facilities that are required in
the kitchen; and 4) prior to issuance or update of those permits that the park land dedication in -
lieu fee be paid. In the event the permits are not updated the applicant would need to revise his
building permit plans and identify what the area shown on the plans as kitchen will be used as.
Planning staff supports the application because it complies with the intent of the zoning
ordinance, is consistent with the design of the neighborhood, there are adequate services for the
site, and it will provide for an elderly family member.
Herb Fauland, Zoning Administrator, asked staff if the City had received any comments in
regards to the project. Susan Pierce, stated she had received one (1) phone call from a gentleman
who was concerned that approval of this application would be granting the applicant a special
request. Ms. Pierce explained to the gentleman that this process is necessary for this type of
application and this process would be available to him if he ever wished to construct an
accessory unit, which satisfied his concerns.
THE PUBLIC HEARING WAS OPENED.
Thomas F. McNamara, 5662 Litler Drive, applicant, stated that this would be used as a
habitational unit for his mother who is elderly and needs assistance.
Mr. Fauland asked the applicant if he was aware of and willing to comply with the conditions of
approval presented by staff. Mr. McNamara stated that he was.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.96-72 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF
APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION
WITHIN TEN (10) CALENDAR DAYS.
ZA Minutes - 10/16/96 2 (MIN1016)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96-72•
1. Conditional Use Permit No. 96-72 for the establishment, maintenance and operation of the
639 square foot, one bedroom accessory dwelling unit will not be detrimental to the general
welfare of persons residing or working in the vicinity or detrimental to the value of the
property and improvements in the neighborhood. The exterior appearance of the residence
with the accessory dwelling unit addition maintains the scale of adjoining residences and is
compatible with the design of existing dwellings in the vicinity in terms of building
materials, colors and exterior finishes. Parking for the unit can be provided on -site; the
dwelling will be owner occupied. Public and utility services including emergency access are
adequate to serve both units.
2. The granting of Conditional Use Permit No. 96-72 will not adversely affect the Low Density
Residential Land Use designation of the General Plan of the City of Huntington Beach which
is to provide for the development of housing for senior citizens and to provide a range of
housing units for the diverse economic, physical, and social needs of the City's residents.
The accessory dwelling unit is intended to provide housing for an elderly family member.
3. The proposed use will comply with the provisions of the base district and other applicable
provisions in Titles 20-25 and any specific condition required for the proposed use in the
district in which it would be located. The accessory unit meets all code requirements in
regards to setbacks, site coverage, building height, access, maximum 650 square foot, one
bedroom unit size, parking and design.
SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-72:
1. The site plan, floor plans, and elevations received and dated September 4, 1996 shall be the
conceptually approved layout.
2. The main dwelling or the accessory dwelling shall be owner occupied.
3. The existing room addition building permit and plumbing permit shall be updated within 30
days of final approval (by November 27, 1996) to include reference to the accessory dwelling
unit and addition of kitchen plumbing features.
4. Prior to building permit and plumbing permit update, the required parkland dedication in -lieu
fee shall be paid.
5. If the permits are not updated, the building permit plans on file in the Community
Development Department shall be revised to delete the kitchen and identify the new floor
use.
ZA Minutes - 10/16/96 3 (MIN1016)
6. Prior to final building, plumbing, or electrical permit approval, the following shall be
completed:
a. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them.
b. The required front yard landscaping shall be installed.
c. Compliance with all conditions of approval specified herein shall be accomplished.
7. Low -volume heads shall be used on all spigots and water faucets.
8. The Zoning Administrator shall be notified in writing if any changes in building height, floor
area, setbacks, building elevations or open space are proposed as a result of the plan check
process. Building permits shall not be issued until the Zoning Administrator has reviewed
and approved the proposed changes. The Zoning Administrator reserves the right to require
that an amendment to the original entitlement be processed if the proposed changes are of a
substantial nature.
INFORMATION ON SPECIFIC CODE REQUIREMENTS•
1. The development shall comply with all applicable provisions of the Huntington Beach
Zoning and Subdivision Ordinance, Building Division, and Fire Department.
2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and
standards.
3. Park land dedication in -lieu fee shall be paid at 25% of the fee for a single family residence.
4. Forty (40) percent of the front yard shall be in planting area.
5. These conditions of approval shall be filed for record with the County Recorder within 30
days of final approval (by November 27, 1996). Evidence of such filing shall be submitted to
the Director within 30 days of final approval.
6. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-72 if
any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance
occurs.
ZA Minutes - 10/16/96 4 (MIN1016)
[1
ITEM 2: ENTITLEMENT PLAN AMENDMENT NO. 96-01
APPLICANT: John P. Erskine, Esq., Nossaman, Guthner, Knox, and Elliott, LLP,
18101 Von Karman Avenue, Suite 1800, Irvine, CA 92612-1047
PROPERTY OWNER: Sharp Electronics Corporation, Sharp Plaza, 20600 S. Alameda Street,
Carson, CA 90810-1105
REQUEST: To amend certain conditions of approval for Conditional Use Permit
No. 95-63 which was previously approved for the construction of a
distribution and regional headquarters for Sharp Electronics
Corporation. The conditions of approval proposed for amendment
include water service, sewer connections, and bus turnouts.
LOCATION: 5901 Bolsa Avenue (Northwest corner of Bolsa Avenue and
Springdale Street).
PROJECT PLANNER: Jane Madera
Jane Madera, Staff Planner, stated that this application was a request to change conditions of
approval for a project that is currently under construction. Approximately one (1) year ago the
Zoning Administrator approved a conditional use permit to construct a 538,000 square foot
building for Sharp Electronics Corporation. The building will be used as a regional headquarters
for Sharp Electronics which includes a warehouse and distribution center. Since the approval of
the building permit and the beginning of construction, the site conditions have changed;
therefore, a need to revise the conditions of approval has arisen. The applicant has requested an
amendment to certain conditions in order to meet their needs for infrastructure and also to work
with the City in providing infrastructure to the site.
Ms. Madera stated that staff has worked with the applicant, Sharp Electronics Corporation, and
the previous landowner, McDonnell Douglas Realty Corporation (MDRC), to develop the
mutually agreed upon version of the conditions of approval that are proposed for review today.
Sharp Electronic Corporation wrote a letter to the City requesting certain amendments to the
conditions, mostly regarding water service, sewer connections, and bus turnouts. Staff analyzed
the request from Sharp Electronic Corporation. Community Development, Public Works and
City Attorney staff members prepared a version of the conditions of approval that would meet
the City's and the applicant's needs. Ms. Madera stated that a letter was sent to the applicant
outlining the acceptable re -wording of the conditions of approval.
ZA Minutes - 10/16/96 5 (MIN1016)
Staff has received many comments from MDRC, who is not the actual applicant but does have an
interest in the conditions, and Sharp Electronic Corporation. Ms. Madera stated that she has
distributed a copy of the latest revisions to all the parties involved present today. Staff is
recommending the conditions as stated in a previous letter. The difference between the letters is
staff s request for the withdrawal of Condition No. 4.v. which requires a bus turnout to be
constructed on the Sharp Electronic Corporation property.
Herb Fauland, Zoning Administrator, asked staff who the land owner was when the original
conditional use permit went through the process. Staff stated that MDRC was the land owner at
that time.
THE PUBLIC HEARING WAS OPENED.
John P. Erskine, Esq., 18101 Von Karman Avenue, Ste. 1800, representing Sharp Electronics
Corporation, stated that they have reviewed the October 16, 1996, revised conditions and concur
with all, including deletion of Condition No. 4.v.
Herb Fauland, Zoning Administrator, asked if everyone concerned with this project had the
revised letter pertaining to the conditions dated October 16, 1996, and stated that if not copies
were available.
Dennis O'Neil, 19900 MacArthur Boulevard, Ste. 1050, representing McDonnell Douglas Realty
Company (MDRC), stated that he had been given a copy of the latest letter containing revisions
(10/16/96) from a few moments ago, and he has not had a chance to talk to MDRC about the
modifications. He requested that after testimony and discussion a recess be taken to allow him to
discuss the revisions with MDRC. Mr. O'Neil referred to his letter dated October 15, 1996,
wherein they set forth their position with regards to the conditions that were being proposed at
that time, and made the following comments regarding those conditions: 1) 4.v. has been
eliminated. He noted that MDRC does not object to this, however, there is some concern that if
OCTA needs a future bus turnout facility, it seems that having a turnout on Bolsa Ave. adjacent
to the Sharp Electronics property would be a desirable location. MDRC has submitted
information to the Traffic Engineer noting that west of Able Lane there are about four (4) bus
stops and on Bolsa Ave., between Springdale St. and Bolsa Chica St., there are a number of bus
stops. MDRC would like to note for the record that they would assume that further bus
stop/turnout obligations would not be imposed upon McDonnell Douglas. He continued by
saying that whether OCTA will, at some time, want a turnout next to the Sharp property should
be a matter between Sharp, the City and OCTA. He noted that MDRC would certainly honor
that determination. Item No. 2) 4.j., MDRC stated that they have requested that Sharp
contribute to the oversizing of the existing sewer system in that area, by their decision to
discharge into the Bolsa Ave. line. The agreement that Ms. Madera referenced in her opening
remarks between MDRC, as the seller, and Sharp Electronic Corporation, as the buyer, was
predicated on the conditional use permit conditions. The original conditions would require sewer
service to be connected to Springdale St. and then if sewer was to be taken to the west that there
would be a requirement for an enlargement in the system. Through no fault of Sharp Electronics,
it
ZA Minutes - 10/16/96 6 (MIN1016)
became evident that Sharp could not connect into Springdale St. when it was discovered there
was another large water line in that street that would prevent this. Sharp did have other options
to choose from, the pump station or a siphon, but elected to go to the west. In the meantime,
studies were done by engineers to determine that there was capacity in the Bolsa Ave. line to
accept the sewage from the Sharp property. Because the City calculates and allocates sewer
capacity based on the amount of land involved and the maximum amount of development on a
particular parcel, by Sharp drawing to the west into Bolsa Ave., it has maxed out the line in
Bolsa Ave. This would require MDRC to upsize the line in Bolsa Ave. or build a parallel line in
Bolsa Ave., because it currently accepts the sewage flows from the "Vegas" residential tract to
the north. In fact, half of the capacity in the Bolsa Ave. line currently is allocated to the northern
"Vegas" residential tract which is not a MDRC project. MDRC's position is to have a City
sewer system in place in this general area. Sharp was required to pay for an expansion to that
sewer system if they went to west. It has been determined that the Graham St. line does not need
expansion, but that Bolsa Ave. will need the expansion in order to continue to accommodate the
"Vegas" residential tract as the MDRC property develops out; Item No. 3) MDRC has noted on
the record and for purposes of this hearing that they are not a party to this conditional use permit
application and would submit that the Zoning Administrator lacks jurisdiction to impose
conditions on MDRC. Further it is probably inappropriate to impose conditions that could
effectively prevent Sharp Electronics from obtaining the final inspections and certificate of
occupancy if there is disagreement on Condition 4.r. There are recommended conditions being
set forth binding MDRC who is not an applicant to this conditional use permit request, and Sharp
could be penalized if MDRC doesn't perform under these conditions.
Mr. O'Neil stated the MDRC is ready and able to sell the property, constituting the 20 foot wide
reservoir drain easement for $69,600. The City is stating that they will sell for $62,500 based on
an appraisal that MDRC has never seen. He stated that they had agreed in concept with the staff
that the amount the City will pay for this easement will be based on one-half of the fee value as
appraised. He also stated that over the last several months MDRC has been actively marketing
their sites and in some instances selling their property in this very same area and have a very
good idea, based on those sales, as to what the cost of property is per acre. He stated that MDRC
came up with the $69,600 based on their knowledge of the market place. He also stated that it
could be argued that the difference in the two amounts could consist of value assigned to the
option for holding this off the market for the eight month period of time.
Mr. O'Neil stated that he would like the representatives of Adams Streeter to explain their
position on the sewer hook up into Bolsa, which is Condition No. 4.j. He requested that after
that we have a short recess so he could consult with his clients and then reconvene to discuss
their comments on the latest revised condition letter.
Don Karpinen, Adams Streeter, 15 Corporate Park, Irvine, submitted pictures to the Zoning
Administrator for the record and also showed exhibits and poster boards. The first exhibit
showed the existing facilities that are being served by the Graham St. sewer. There is a
residential tract to the north which contributes 50 percent of the capacity to this line. He stated
that a study was done in 1995 by Kennedy Jenks regarding the capacity of the sewers in this area
and how these facilities would be allowed to be drained to. There is a small area which has been
ZA Minutes - 10/16/96 7 (MIN1016)
resolved with Public Works Department and now this sewage will be acceptable in the Graham
St. line upgrading. The existing 24 inch line system on the site of Sharp Electronics will handle
approximately 69 percent of the capacity in the sewer line. This is a 23.4 acre site which will
provide 3,900 gallons per day per acre, 91,000 gallons approximately. The capacity is
substantially different at 5,700 gallons per day. The City has sewage capacity tested in this area
and those tests indicate no problems currently exists.
Dennis O'Neil, MDRC, concluded his presentation by stating that the original conditions places
the burden and responsibility on Sharp Electronics to handle the increased capacity of sewer, if in
fact, sewer was directed to the west. The modification of the condition as proposed has
eliminated the responsibility of Sharp to handle the modifications to the sewer system and to
handle their anticipated capacity. The responsibility has now been shifted to MDRC, which they
believe is unfair under the circumstances, because this system is not a system that was built or
will be added to by McDonnell Douglas development. He stated that it would not be right to
amend the condition to relieve the responsibility of Sharp to pay its fair share for the increased
cost of expanding the system and place that burden on McDonnell Douglas.
Herb Fauland stated he would have City staff present their issues and then he would call a recess.
Dave Webb gave a briefing on the sewer system from staff s view. There is an existing 12 inch
line in Bolsa Ave. This whole area was tabled to go to this line in the City's sewer master plan,
including the Sharp site. Staff thought there would be capacity problems for the master plan,
which they later found out to be untrue. In trying to relieve that flow and maybe help the client,
staff thought that they could gravity drain to another site, possibly over to the Springdale St. line.
This is how the issue was to be addressed and how the original condition was proposed.
However, MDRC cannot provide a gravity drain to Sharp in this line, due to existing water lines.
The only other realistic option is to drain to Bolsa Ave., which will have an impact on the future
design of the sewer system.
Herb Fauland asked Dave Webb about the discrepancy in the dollar amounts in Condition No.
4.r.6. Dave Webb deferred to Debbie DeBow, who stated that Scott Fields, City Attorney's
Office, derived the $62,500 figure.
Richard Harlow, representing MDRC, stated that he had a conversation with Les Jones, Public
Works Director, who was aware that MDRC agreed to fair market value price as opposed to
putting the City in a position of determining whose figure is correct.
Mike Akamoto, Shimizu America Corp, architects representing Sharp Electronics Corp., stated
that they had designed the Sharp facility and gave a brief history of the project. He stated that
the actual sewer capacity is substantially smaller than explained by the MDRC representatives.
For the record he wanted that to be corrected. He also stated that the initial direction was to
connect the sewer into a sweep spinner, but technically it was very difficult and after some
analysis it was directed to go to the Bolsa Ave. side.
ZA Minutes - 10/16/96 8 (MIN1016)
John Erskine, representing Sharp Electronics Corp., stated that the proposed Sharp facility has
only nine toilets that would be impacting the sewer line. Thus, despite the square footage size of
this project, it has virtually no impact to the existing system. He also cited the May 3, 1996,
letter received from Dave Webb, that said `in his professional determination the project would
have minimal impact on the Bolsa Ave. line' and basically authorized them to move forward to
connect to Bolsa Ave. at that time.
Tom Overturf, representing MDRC, stated that the issue under discussion is the change in a
condition that was the basis for their original agreement with Sharp Electronics. The reason
Sharp is promoting this change is that it switches the burden of them paying for the expanded
system to MDRC. This would have required Sharp to spend $600,000 to meet the condition had
they gone to the west. They elected, without consulting MDRC, to build in that (west) direction
and then to politically try to make the change so that the burden was shifted from Sharp to
MDRC. He stated that if the Zoning Administrator approved the condition, the burden of
payment of this system upgrade would be switched from Sharp to MDRC. Through MDRC
efforts they were able to reduce the cost design from $600,000 down to $130,000. It is MDRC's
strong feeling that it should be Sharp's responsibility to make the system upgrade which was
required under the original condition. Secondly, an effluent pump exists on the north side of
their building. Instead of it lifting for one bathroom it could lift for eight more. From an
engineering standpoint, their full 2.8 million square feet of McDonnell Douglas property is
handled by a sewage pump that pumps all the effluent from all of the buildings in the entire 300
plus acre complex up to the Bolsa Ave. line and down into the Graham St. line. The pump is
simpler and much less complex.
Herb Fauland attempted to clarify the issues by stating that the conflicts, as he understands them,
are with Conditions No. 4 J and 4.r.6, and everything else is based upon the revised conditions of
approval outlined in the letter. Debbie DeBow stated that Condition No. 4.r.1 is also in question.
Mr. Fauland stated that his goal is to find some satisfactory resolution at this level and not have
to elevate this discussion to the Planning Commission. He also stated that he would consider a
continuance if all parties cannot come to an agreement. Mr. Fauland recessed until 2:30 PM.
The Zoning Administrator meeting was reconvened at 2:40 PM.
Dennis O'Neil, representing MDRC, stated that he had the opportunity to review the changes
made today in the letter and reported they still did not concur with Condition No. 4.r.1. He
stated that Mr. Les Jones, Public Works Director, is here to address Condition No. 4.r.6 with
regards to the price paid for the easement. Mr. O'Neil stated that the agreement is not
appropriately a part of the conditional use permit application. He suggested that Sharp
Electronics be granted their amendments so they could have their conditional use permit
amended and allowing them to complete their project by pulling the condition in question and
continue to work with staff on it. He stated that staff has no obligation hold over MDRC, and
they have been engaged in good faith negotiations with the City for over a year and there is no
reason they could not continue to do that.
ZA Minutes - 10/16/96 9 (MIN1016)
C
Les Jones, Public Works Director, stated in regard to Condition No. 4.r.6., that they had received
an appraisal and Fair Market Value had been discussed. He proposed a 30 day discussion period
on this item to allow discussions to occur with the City's Real Estate Personnel.
John Erskine stated that he concurred with Dennis O'Neil, MDRC, regarding removal of
Condition No. 4.r. from the conditional use permit request as the Zoning Administrator has no
jurisdiction to impose these conditions on their project. He also concurred with the removal of
the condition for a required bus stop. In regard to Condition No. 4.j., he stated that originally the
condition had a sentence that talked about upsizing the Graham St. line. Mr. Erskine stated that
the Kennedy Jenks Study showed no need to upsize this line. He stated that any obligation for
upswing sewers is a contractual issue between McDonnell Douglas and Sharp Electronics, and he
asked that the City not insert itself into that contractual dispute. He further stated that it is their
understanding that the ability to hook into the Springdale St. line on a gravity feed line is subject
to a ten (10) foot clearance around the water main and that might be an impossibility. Mr.
Erskine stated that staff s recommended revision to the condition is appropriate and as a matter
of record the sewer line to Bolsa Ave. is already constructed.
Tom Overturf stated that it seems all parties are in agreement with Condition No. 4.j. and
requests a decision be made on that item this day. He also requested that the revised conditions
(4.r.1. & 4.r.6.) that were handed out this day be continued for a matter of 30 days, to allow all
parties to come to an agreement.
Richard Harlow suggested that the Zoning Administrator impose a condition that these two (2)
matters be mutually agreed upon within 30 days at which time they would appear before the
Zoning Administrator and finalize the wording.
Dave Webb commented on Mr. Erskine's statement of taking the sewer into the Springdale St.
line. He stated that when a sewer system is designed it is based on the average flow for the tract,
approximately 3,300 gallons per day per acre for industrial. Understanding Sharp has only nine
(9) toilets and their flow may be only 900 gallons total for the day, a sewer system must still be
designed based on the tract size potential. The Springdale connection has a 16 inch water main
and a 12 inch water main and a bank of telephone conduit encased in concrete which creates
several problems. For the record, regarding staff s recommendation on 4.j., he recommends
keeping it from Bolsa Ave., because it is a contractual agreement between the two parties that
they will have to work out.
Debbie DeBow addressed 4.r. regarding the appropriateness of the condition even being part of
the Sharp conditions. She noted staffs understanding is that MDRC made some commitments to
Sharp that infrastructure would be provided. The City has no way to condition MDRC because
they have no project under consideration, that is why it is conditioned on the proposed Sharp
Electronics project. She stated that she felt a continuance is necessary on 4.r.1. and 4.r.6.
ZA Minutes - 10/16/96 10 (MIN1016)
Jane Madera, stated that if that is the case then she suggests continuing all of 4.r. for a 30 day
period. Ms. Madera does not feel this will hold up the construction or completion of Sharp's
building. She also suggested the possibility of removing 4.r. from the conditional use permit
entirely and questioned staff as to the affect it would have on the project further down the line.
Dave Webb stated that, if agreeable with both parties, it could be a condition that they work in
good faith to negotiate an agreement. The only contractual way we can deal with this, if we can't
reach an agreement, is to hold up any further development until everything is put in place.
Debbie DeBow suggested that that would be too late. Condition No. 4r addresses the fact that
the Sharp project would have required Sharp to build a new water line in Springdale St. Because
of the cost and the alternative way to accommodate the City's needs, it is necessary to work with
MDRC to get a well site developed that would give basically an equivalent to this water line on
Springdale St.. If the City doesn't have the conditions of 4.r. met, then the City will have not
satisfied its water infrastructure needs for the Sharp development. She stated for these reasons
she is not comfortable taking that condition out or postponing it.
John Erskine stated that he had been informed, except for two (2) fire hydrants, they would be
granted a Certificate of Occupancy even if these negotiations would continue to the end of 1997.
He stated Sharp believes that they will have the water service that Sharp needs irrespective of
their negotiations on the other six (6) items. To simplify their only concern today, he requested a
decision on all of the other requested entitlement plan amendment items and a continuance only
for the purposes of condition No. 4.r. and the negotiations between MDRC and the City.
Herb Fauland, Zoning Administrator, stated that with the discussion today and the understanding
that the majority of these conditions have been agreed upon, he would like to continue the item
for two (2) weeks. He noted that it was not possible to piecemeal the conditions and that the
entire package of amendments should be acted upon at once. He felt that the outstanding issues
should be resolved within the next two weeks and if they are not, he may have to refer the item to
the Planning Commission and let them debate the issues.
Tom Overturf stated his concern with continuing the entire thing because they have contractors
standing by to build the bus turnout today. They need to know today if the bus turnout will be
required by the City.
THE PUBLIC HEARING WAS CLOSED
ENTITLEMENT PLAN AMENDMENT NO.96-1 WAS CONTINUED BY THE ZONING
ADMINISTRATOR TO THE OCTOBER 30,1996 ZONING ADMINISTRATOR
MEETING.
ZA Minutes - 10/16/96 11 (MIN1016)
THE MEETING WAS ADJOURNED AT 3:05 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 23,1996 AT 1:30 PM.
s-
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Herb Fauland
Zoning Administrator
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