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Appeal of the Planning Commission Approval of the Whistling Pines West Gun Club-2
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Summary: This item is a public hearing of two separate appeal requests of a Planning Commission action taken on January 16, 2014 to approve a conditional use to allow Indoor Sports and Recreation in the form of an indoor firing range in a PIP-2 HS (Planned Industrial Park with Hillside Overlay) zoned property at 4750 Peace Palace Point.
There have been two separate appeals filed.
The first appeal request, submitted by G.W. Flanders, cites a perceived disregard of the City's Hillside Ordinance as grounds for appeal. The second appeal, submitted by Angus and Gail Morrison, alleges the findings of the Planning Commission "did not conform to City [Code] Section 7.5.704 and were erroneous, unreasonable, contrary to law and not supported by the available evidence." In order to keep the evidence, discussion and Council's deliberation clear and on-point, two separate motions are recommended by staff.
Previous Council Action: None
Background: The Indoor Sports and Recreation land use type is classified as Conditional within the PIP-2 (Planned Industrial Park) zone district. In order for a conditional use to be approved, three criteria enumerated in City Code Section 7.5.704 must be satisfied. Specifically the criteria are that, "(1) the value and qualities of the neighborhood surrounding the conditional use are not substantially injured; (2) that the conditional use is consistent with the intent and purpose of [the] Zoning Code; and (3) that the conditional use is consistent with the Comprehensive Plan of the City." Since the proposal also involves construction of a new building, the development plan review criteria found in City Code Section 7.5.502.E must be satisfied and because the site lies within the Hillside Overlay Zone District, the Hillside Development Plan review criteria in Section 7.3.504.D.3 must also be followed.
As early as the pre-a...
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