2024-08-14 CC Packet - Revised - Laserfiche WebLink

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City of Centerville Planning and Zoning Commission June 4, 2024 Attorney Glaser added that the city has a legal duty to approve a lot split if the applicant meets whatever criteria applies, and as a city, we do not have to have a reason or duty to ask. Attorney Glaser added that private landowners have rights to do with their property whatever the law allows them to do and that itÓs our job as a city to effectuate that, and in this case, thatÓs exactly what the situation is. The applicant wants to split the lot and take advantage of the TIF tools, and the way they decided to do it qualifies under the city rules, therefore we must let him do it. Slide 3 Î Density The proposed density meets the Zoning Code. Administrator Statz said stated that the code was recently changed to align with the Master Plan and Downtown Master Plan, adding that we were quite open about that. We had a public hearing and there was one person that commented. It was explained why we were doing it, adding that because we knew there was a proposal, and in reviewing it and others that we have received or talked about with developers previously, we understood that density was appropriate for the scale and size of the buildings that were contemplated in the downtown master plan for this district. Slide 4 Î Building Height Administrator Statz reviewed the definition of building height, which is the vertical distance from the average elevation of the finished grade at the front of the building, to the highest point of the roof for flat roofs. He noted that no structures or buildings may be erected to a height exceeding 35 feet without the issuance of a conditional use permit (CUP). He reviewed (city code 156.121) provisions for increases to building height with a CUP. Administrator Statz noted that a conditional use permit is allowed with reasonable conditions. He added that all development in this district is done through a conditional use permit and planned unit development and that in the staffÓs view, this building meets the definition of height requirements in the city code. Commissioner Thompson asked if the Commission could deny a conditional use permit on the height of a building. Administrator Statz stated that they could not deny a conditional use permit if the building meets the conditions. Commissioner Thompson asked a few clarifying questions about conditional use permits and Administrator Statz explained that conditional uses can have reasonable conditions allowed and planned unit developments are allowed. Commissioner Kalina asked who issues a conditional use permit. Administrator Statz explained that the Planning Commission issues a recommendation to council and council approves it. Commissioner Seppala asked about the Stantec analysis that says the height of the proposed building would be at least 35 feet as defined in the Centerville Zoning Code but would appear 48 feet in height on the north side due to the ground level, on the northwest corner of the buildings. Administrator Statz explained that the Stantec memo has three different options for the Planning and Zoning Commission to consider: one for approval, another one is for approval with enhanced conditions, and one is for denial. Since staff heard a mix of options, they prepared three options. Page 4 of 16