04-15-2013 Planning Commission Packet

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FILE#13-3600 � � 2 April 2013 Page 4 of 5 permit submittal and the applicant will need to comply with the City Engineer's requirements at that time. City Code Section 78-966(a)(2) indicates that landowners must obtain a CUP from the City prior to engaging in activities that include fill to elevate or alter the existing natural grade. By code, conditionally permitted uses must be reviewed using the criteria found in Section 78- 916. 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; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 (i.e. 78-966 thru 78-968) of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference,general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. With regard to this application, items 2, 6, 7, 9 and 13 are generally applicable. Re: Items 6 & 7. These criteria essentially ask whether the proposed new grade is appropriate and in character with the surrounding land and neighborhood. Staff believes the proposed grading within the 75-foot setback area will have no impact on surrounding lands. Drainage patterns for runoff leaving the site are not significantly altered. The resulting grade will be similar to the other properties in the neighborhood. To comply with the zoning code requirement, the height measurement and basement determination will be based on the pre- existing grade, not on the altered grade.