PLANNING COMMISSION REPORT SUMMARY

CONSENT AGENDA - NON-PUBLIC HEARING ITEM:

PC Staff Report

02/23/05

ITEM NO. 6:

FINAL PLAT FOR LONG JOHN SILVER’S/A & W RESTAURANT; 1503 W. 23^RD STREET (SLD)

SUMMARY

PF-03-06-05: Final Plat for Long John Silver’s/A & W Restaurant. This proposed commercial one-lot subdivision contains approximately 1.15 acre and is located at 1503 W. 23^rd Street. Submitted by McCluggage Van Sickle & Perry for Yum! Brands, Inc. – Long John Silver’s Corporation, property owner of record.

STAFF RECOMMENDATION: Staff recommends approval of PF-03-06-05 the Final Plat of Long John Silver’s/A & W Restaurant and forwarding it to the City Commission with a recommendation for acceptance of easements subject to the following conditions:

1) Provision of a revised Final Plat to include the following changes:

a) Location of 25’ cross access easement across the front of the property consistent with the location to be shown on the site plan for the same property, per staff approval prior to consideration of the Final Plat by the City Commission;

b) Show signature block for County Surveyor;

c) Amend signature block for mayor;

d) Remove building setback lines from face of drawing;

2) Provision of a revised Final Plat to include the following easements including labels per section 21-609 as follows:

a) Of existing 10 ’ rear easement along south property line;

b) Of existing 15’ easement abutting south property line off-site;

c) Of new 10’ side utility easement along west property line;

d) Of new 5’ side utility easements along east property line;

e) Of existing 5’ utility easement abutting east property line off-site;

3) Execution of an agreement not to protest the formation of a benefit district for street, sidewalk and intersection improvements for 23rd Street;

4) Submission of public improvement plans for all public improvements per approval of the Public Works Department

5) Execution of a Temporary Utility Agreement;

6) Provision of the following fees and recording documentation:

a) Copy of paid property tax receipt;

b) Recording fees made payable to the Douglas County Register of Deeds;

c) Provision of a master street tree plan.

KEY POINTS

· Application is preparatory to redevelopment of site.

· Dedication of cross access easements allow for future improvements along 23^rd Street corridor.

SUBDIVSION CITATIONS TO CONSIDER

· No proposed variances associated with this request. Conditions of approval related to provision of easements per section 21-609.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Site plan submitted for review and consideration SP-03-27-05

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

· None received to date. Meeting with applicant to discuss options for coordination of access management.

NON-PUBLIC HEARING ITEM:

PC Staff Report

02/23/05

ITEM NO. 6:

FINAL PLAT FOR LONG JOHN SILVER’S/A & W RESTAURANT; 1503 W. 23^RD STREET (SLD)

SUMMARY

GENERAL INFORMATION

Current Zoning and Land Use:

C-5 (Limited Commercial) District; existing restaurant building

Surrounding Zoning and Land Use:

C-5 (Limited Commercial) District to the north east, and west; existing commercial development.

RM-3 (Multiple-Family Residence) District to the south; existing apartment development

Site Summary
Number of Lots:	1
Gross Area:	49,880 SF (1.15 acres)
Rights-of-way:	Existing 23^rd Street right-of-way. No new right-of-way proposed

STAFF REVIEW

The subject property is located on the south side of the W. 23^rd Street Corridor. The property has 166’ of street frontage and is 300’ deep. It is surrounded on three sides by existing commercial development and abuts residential (apartments) along the south property line. The purpose of the Final Plat is to establish a clear legal description. The subject property was part of the South Hills No. 4 plat that was further divided without replatting that resulted in partial lots.

Streets and Access

The subject property abuts W. 23^rd Street along the north property line. The property is currently accessed via a center driveway from 23^rd Street. The subject property is located within the study area for the 23^rd Street Corridor Plan. A cross access easement has been discussed with the applicant to coordinate and facilitate shared access with the commercial properties to the east and west. The applicant has indicated agreement to provide the cross access. Staff is working on options to facilitate shared drives at the east and west ends of the property as part of the redevelopment of the property. Next steps for staff include contacting adjacent property owners to coordinate cross access if determined to be feasible and cost efficient through additional on-going engineering study. Staff recommends a 25’ access easement be provided across the front of the property as a condition of approval. The location of the access easement would be located approximately 15’ back from the property line to allow for the required front green space setback along the public right-of-way.

Access to the site is intended to be coordinated with the site plan. The site plan has been submitted for review (SP-03-27-05) and is anticipated to be forwarded to the City Commission in the next several weeks. Staff recommends that access be limited to what is approved as part of the site plan and that the access is reflected on the face of the Final Plat.

Utilities and Infrastructure

The proposed Final Plat does not show the location of existing or proposed utility easements. The property is currently developed and includes both sewer and water services to the site. The original subdivision plat included ten foot rear utility easements. A 5’ utility easement is located off-site along the east property line. A 15’ off-site easement is also located along the south property line. The Final Plat should be revised to show the existing utility easements and dedicate additional easements as are required by code. Easements are required on the side and rear of the property per section 21-609 (10’ along the east and west sides of the property and 15’ along the rear). These easements are typically shared across lot lines so that a 10’ easement would fall equally on each half of the abutting properties. Staff recommends that the easements be shown on a revised Final Plat as a condition of approval.

Summary

As a replat the review of the subject property has been very direct. The applicant has demonstrated willingness to cooperate by consideration of access options to facilitate traffic improvements along the corridor. Staff met with the applicant late in the review process due to availability from both parties therefore the recommendations include conditions of approval related to minimum requirements for Final Plat. The lot corners are pinned. The Final Plat meets the Zoning Ordinance and Subdivision Regulation requirements as conditioned.

Recommendation: Staff recommends approval of PF-03-06-05 the Final Plat of Long John Silver’s/A & W Restaurant and forwarding it to the City Commission with a recommendation for acceptance of easements and rights-of-way subject to the following conditions:

1) Provision of a revised Final Plat to include the following changes:

b) Show signature block for County Surveyor;

c) Amend the signature block of the mayor;

d) Remove the building setback lines from the face of the drawing;

e) Show access location on face of drawing per site plan approval;