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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING - APPEAL NO. 2009-04 FOR CONDITIONAL USE PERMIT NO. 2006-20 AND VARIANCE NO. 2006-13 TO ALLOW A PARKING LOT IN THE MIDTOWN SPECIFIC PLAN DISTRICT AND TO REDUCE THE REQUIRED LANDSCAPED SETBACKS AND PARKING LOT LANDSCAPING AT 202 EAST SEVENTEENTH STREET - CARIBOU INDUSTRIES, APPLICANT i, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution approving Appeal No. 2009-04 of Planning Division Condition No. 5b. 2. Adopt a resolution approving Conditional Use Permit No. 2006-20 as conditioned to allow a parking lot. 3. Adopt a resolution approving Variance No. 2006-13 (a) as conditioned to allow a reduction in landscaped setbacks. 4. Adopt a resolution approving Variance No. 2006-13 (b) as conditioned to allow a reduction in parking lot landscaping. PLANNING COMMISSION ACTION On September 14, 2009, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2006-20 as conditioned to allow a parking lot; adopted a resolution approving Variance No. 2006-13 (a) as conditioned to allow a reduction in landscaped setbacks; and adopted a resolution approving Variance No. 2006-13 (b) as conditioned to allow a reduction in parking lot landscaping by a vote of 3:1 (Gartner opposed, Betancourt abstained, Leo absent) in the Midtown Specific Plan (SP3) zoning district at 202 East Seventeenth Street. The Planning Commission added Condition No. 5 to the Planning Division conditions of approval for the project as outlined in the attached staff report (Exhibit A) which required: • Condition No. 5(a): New landscaping to be installed at the northwest corner of the site; 75D-1