HomeMy WebLinkAbout19495 Additional Conditions
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Danielle Garber, Assistant Planner
Martin Matsen, Director of Community Development
SUBJECT: Amending the Headwaters Academy Site Plan and Conditional Use Permit
Staff Report to Include a Condition of Approval Related to a Historic Dry
Utility Line, Application 19495.
MEETING DATE: July 13, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION: Staff recommends the Commission accept this amendment to the
staff report to include a condition of approval requiring a utility line locate to identify the
location of a historic gas line that may serve the adjacent property owner, and that the applicant
will not disconnect or disrupt service to the adjacent property if existing.
RECOMMENDED MOTION: I hereby move to amend the staff report for application 19495,
adding a condition of approval to read: The applicant must submit a service line locate to
confirm the location of the existing gas line if present on the subject property, and provide
information as to whether it is a live service line. If the service is in use, the applicant must not
disconnect or make any modifications that would disrupt service to the adjacent property.
BACKGROUND:
The applicant, Headwaters Academy Inc. seeks to construct a new instructional building with
associated parking, landscaping, access, pathways, and drainage, and has submitted a conditional
use permit to change the use of the property at 1005 Durston Rd. from single household residential
to a community center.
Section 38.230.100, BMC requires review of a site plan for community design elements including
provisions for utilities according to the City’s adopted standards.
The presence of a potential gas line was not identified by the Applicant during project review, and
was subsequently not reviewed by staff. A public comment letter from the Maxey Limited
Partnership that owns the land surrounding the subject parcel, and the unannexed property to the
west addressed as 1105 Durston Rd. indicated that a historic service line exists to delivery gas
from the property at 1005 Durston, the subject property, to a structure at 1105 Durston, the
neighboring property to the west owned by the commenter. This public comment was received by
staff Friday July 10, 2020. Staff was able to confirm with Northwestern Energy by email on July
13, 2020 that they have record of a gas line from 1931, but not its exact location or distances or
whether the line connects to the 1105 Durston property.
Given the potential for a gas line that may or may not serve the 1105 Durston property from the
subject property, staff has included this condition of approval at this time.
UNRESOLVED ISSUES: None.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Accept the condition as proposed.
2. Amend the condition after making findings in support of the amendment.
3. Determine that condition is not appropriate and require an alternate method of mitigation after
making findings in support of the alternate method.
FISCAL EFFECTS: None.
Report compiled on: July 13, 2020
Attachments: Public Comment from Maxey Limited Partnership received July 10, 2020