HomeMy WebLinkAboutApprove Reclaiming jurisdiction for the South Towne Square CUP.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Jurisdiction of a Conditional Use Permit (CUP) application for South
Towne Square on property located at 2000 South 3rd Avenue requesting to add outdoor seating
within common areas with onsite consumption of alcohol.
MEETING DATE: June 13, 2011
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: The City Commission reclaimed jurisdiction for the original approval
of the South Towne Square Site Plan Application in 2007. Therefore, because this application
proposes to modify common elements of that approval Staff recommends that the City
Commission consider reclaiming to itself the final approval of the South Towne Square CUP for
outdoor seating and on site consumption of alcohol application, per Section 18.64.010 C.1 of the
B.M.C., and further set a tentative public hearing date of July 11, 2011 for formal consideration
of the application proposal.
RECOMMENDED MOTION: Based upon the fact the City Commission reclaimed
jurisdiction of the South Towne Square site development and was the original approval
authority for development at 2000 South 3rd Avenue, I move to reclaim jurisdiction of the
South Towne Square Outdoor Seating and Onsite Consumption of Alcohol CUP
application proposed for the same property. I further move to set the CUP application’s
public hearing date to July 11, 2011.
BACKGROUND: Property owner Kailo Design and Development, LLC, represented by
Allied Engineering, submitted a Conditional Use Permit for the establishment of new outdoor
seating and the expansion of onsite consumption of alcohol in these seating areas at 2000 South
3rd Avenue known as South Towne Square. The City Commission was the original approval
authority for the site plan application in 2007 that entitled the development. Planning
Department policy requires that proposed major modifications to a project require the approval
of the original approval authority. The Board of Adjustment has approved three onsite
consumption of alcohol Conditional Use Permits to tenants at South Towne Square: for Sola
Café, Lemongrass Thai Restaurant, and Sushi Seven. These conditional use permits were issued
for individual restaurant serving spaces inside of the buildings. This application includes the
expansion of those permitted serving areas to new outdoor seating areas that will be within the
common elements of the development.
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UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: The City Commission may choose to not reclaim jurisdiction of the
application, and therefore, the Board of Adjustment would be the final decision making body.
FISCAL EFFECTS: The standard application fee was received for the CUP application was
added to the Department of Planning’s application fee revenue.
Attachments: None.
Report compiled on: June 2, 2011
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