15-0520 shell location and contract rezone.pdfCITY OF EDMOyJDS°1215mAVENUE NORTH "EDMONoS,VVA98O2O
PHONE: 425.771.O22O*FAX: 42S.771.0221»WEB:
DEVELOPMENT SERVICES DEPARTMENT: PLANNING e BUILDING
May 4, 2015
MerinneGeier Partners
Dear Mr, Goodman:
| have been assigned this building permit review Vnbehalf ofthe Planning Division. Before |can
continue my review, however, the following issue must be addressed.
Approximately the western half of the Top Foods/WinCo site is encumbered b«8contract
n2zODg 8pp[nVgd in 1992 (R-90-2). The CODt[3[± is gOClO5ed for your review. The map excerpt
below shows the area that was rezoned:
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The area ingreen had been Residential Multifamily /KK4'2.4\but was rezoned toGeneral
Commercial /CG2\through R -9O-2. The rezone contained aconcomitant agreement which
strictly limited the development at the site to what was shown in the contract —the Top Foods
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The proposed building shell is shown below with the contract zone line overlaid:
The building shell currently proposed inpermit BU]20I5O52Owould benearly bisected 6«the
COUt[aCtCG2 zone Onthe west and the non -contract CG2zone ODthe east. This location i6
important because based on discussions with the City Attorney, the rezone contract language
was specific tothe original Top Foods project. This means that any redevelopment ofthe
property that is subject to the concomitant agreement (approximately the western half of the
site) either needs to be consistent with the concomitant agreement or approved through aDGvv
rezone that would eliminate the concomitant agreement established by R-90'2.
The rezone process can take aslittle asthree months and that land use permit could be
processed at the same time as the building permit if a 'discretionary approvals
acknowledgement' iSsubmitted. The rezone submittal handout and '8Ckn0vxl8dg8On8nt,form
are available h8[e:hit p: . The rezone
application costs $h,355.OQ.
Alternatively, the proposed shell could berelocated onto the eastern half Ofthe site, outside
the applicability 0fthe contract rezone. |fthat path iSdesired, please resubmit your site and
landscaping plans 3swell asthe associated engineering drawings b}reflect the location change.
The existing trees in the parking lot area where the current building is proposed are specifically
addressed inthe concomitant agreement and must remain and beprotected unless anew
rezone i5reviewed and approved.
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If you have any questions about the rezone process, please let me know. Questions about
updating the building permit submittal should be directed to Linda Thornquist, Senior
Permit Coordinator.
Sincerely,
Mike Clugston, AICP
Associate Planner
Enclosure