HomeMy WebLinkAboutC13004 Taylor residence zoning variance 300 North Bozeman Avenue_Water Rights Condition
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Craig Woolard, Director of Public Services
SUBJECT: C-13004
Staff Report for the Taylor Duplex Sketch Plan Certificate of Appropriateness with Zoning Variance – Water Rights Condition Removal
MEETING DATE: October 14, 2013
BACKGROUND:
This memo is provided as a supplement to the Staff Report prepared and presented for project C-13004.
Section 38.23.180.A Unified Development Code states:
38.23.180.A - Prior
to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision, and prior to annexation of any land, one of the following
must occur:
Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the annual demand for volume of water the development will require multiplied
by the most current annual unit price; or
2. The city may elect to accept a transfer to the city of ownership of water rights if the water rights proposed to be transferred are legally
and physically adequate as determined by the city to provide the annual volume of water the development will require. A transfer of ownership of water rights must be in a form and manner
suitable for municipal purposes and as approved by the review authority.
The Taylor Duplex project is being reviewed as a Sketch Plan COA with Variance. As shown above, the water rights
code requirement is triggered by a specific list of development application types; applications reviewed as: site plan, conditional use permit, planned unit development, subdivision,
or annexation. The Taylor Duplex project, C-13004, is a sketch plan application with variance and therefore does not trigger the requirements of Section 38.23.180.
Engineering staff
asks that the City Commission remove ‘recommended condition of approval number three’ found on page 4 of the prepared staff report.