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Appeal of Planning Commission's Decision - 2 December 29, 1997 <br />West Gate (PD-86-9) <br />• The Zoning Enforcement Official reviewed the Zoning Approval application for the proposed <br />general retail store, based on PD-86-9 and the associated Conditions of Approval and <br />Memorandum of Understanding, it was determined that the proposed use was within the available <br />square footage allowed for general retail and that the proposed parking spaces were sufficient. <br />• The Planned Development permit allows a total of 327,874 square feet for general retail. The <br />proposal by Monarch Ventures would result in a total of 323,071 square feet, leaving a surplus of <br />4,803 square feet for general retail space. <br />• The MOU requires that the West Gate site have no less that 1,670 parking spaces, after accounting <br />for the required land dedication on Timothy Lane. The proposed parking provided at West Gate <br />will be 1,757; 87 spaces more than the MOU requires. <br />• The appeal is based on questions regarding the accuracy of the Zoning Enforcement Official in <br />reviewing the criteria set forth in the Planned Development (PD-86-9) and the associated <br />Conditions of Approval and the Memorandum of Understanding. The Planning Commission <br />review of the appeal is similarly limited in scope to determine if objective standards were met in the <br />review and approval of the Zoning Approval application. <br />RECOMMENDATION <br />Staff recommends that the City Council deny the appeal, upholding the Planning Commission's and <br />Zoning Enforcement Official's approval of the Zoning Application, based on the information contained <br />in this and the Planning Commission staff report. <br />ATTACHMENTS <br />Planning Commission Staff Report dated December 5, 1997 with attachments <br />Appeal Letter with Attachments <br />Planning Commission Minutes of December 11, 1997 <br />KL:cc <br />G:WKathy\wahnad\apea =.doc <br />