07-17-2023 Planning Commission Packet

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Date Application Received: 02/21/2023 Date Application Considered as Complete: 05/12/2023 Review Period (Extended) Expires: 09/01/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: July 17, 2023 Subject: #LA23-000005, Hagen Landscaping, 2699 Kelly Avenue, CUP — Seawall Public Hearing Application Summary: The applicant is requesting approval of a conditional use permit to reconstruct a seawall within the floodway district. Staff Recommendation: Planning Department Staff recommends approval with conditions. Background The applicant is proposing to reconstruct a seawall at 2699 Kelly Avenue. The current seawall is made of wood; it is in disrepair and in need of replacement. The replacement seawall will be constructed using steel sheet piles. The new seawall will extend inland just beyond the extent of the existing wall on the north and south ends; and due to the change in material, the new seawall will result in a minor "footprint" expansion (shown in the enlarged plan view, page 3 of Exhibit D). The current seawall is adjacent to City -owned Lydiard Beach and serves six property owners as it protects their docks and lake access. The permanent nature of the seawall within the floodway requires a conditional use permit (CUP). CUP (Section 78-1118 The floodway, meaning any wetland or lake and those portions of the adjoining floodplain which carry or store regional flood discharge, is regulated by a specific set of standards within the City Code. A conditional use permit is required for all forms of shoreline protection, including wood, metal, mortared stone or concrete seawalls. The proposed seawall must adhere to the standards and procedures set forth in City Code Sections 78-1148 and 78-1119. Conditional Use Permit (Sections 78-1148 & 78-1119) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; Some forms of shoreline protection, including seawalls can be anticipated as accessory uses along the lakeshore. This criterion is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Seawalls and other shoreline protection methods are permitted as a conditional use permit. This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management. This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; This condition is not applicable. 5) Not expected to generate excessive demand for public services at public cost; The replacement seawall is not expected to generate an excessive demand for public services. This criterion is met.