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Commission recommends cleaning up 865 East proffers: allows rooftop telecom facility and makes vape shop conforming; special-use permit for reduced setbacks re‑
Summary
Commissioners recommended unanimous approval of a proffer amendment to add rooftop wireless telecommunications and vape shops as permitted uses at a B-2-C property and recommended reauthorizing a special-use permit for reduced setbacks for three years, limited to the existing building and planned addition.
The Planning Commission unanimously recommended City Council approve a proffer amendment and a special-use permit amendment affecting a mixed-use building at 865 East (B-2-C). The requested changes would (1) add wireless telecommunications facilities and vape/tobacco retail as permitted uses where proffers had previously excluded them, and (2) reauthorize a special-use permit for reduced setbacks (the 2024 permit that will expire July 1, 2025) so that the existing building and a planned addition may remain within reduced setbacks for a new three-year period.
Why it matters: The property already contains a rooftop wireless facility approved earlier and a ground-floor vape shop that became nonconforming after a subsequent zoning change added vape shops as a permitted use; the amendment is intended to bring both uses into formal conformity. Staff recommended approval of the rezoning/proffer amendment and the special-use permit, and recommended reapplying the original special-use condition that limits future unvetted structures within reduced setbacks.
Staff presentation and applicant remarks Staff said the 2024 rezoning to B-2-C inadvertently excluded wireless telecommunications facilities from the list of permitted uses; the proffer amendment would restore rooftop telecommunications as an allowed use and would also add vape/tobacco retail to the permitted uses. Staff noted the existing vape shop is not within 1,000 feet of any school or daycare and would be conforming if the proffer change is adopted. The applicant’s attorney said the proffer amendment and the reduced-setback special-use permit are “cleanup” items to bring existing conditions into compliance and to apply current ordinance timing (a three-year special-use authorization) to the property.
Commission action and conditions Commissioners discussed the items together and then voted to recommend approval of both the proffer amendment and the special-use permit to City Council. Staff suggested reapplying the prior special-use condition that restricted construction within the reduced setback to the location shown on the development plan and allowed deviations up to 10 feet; commissioners accepted that condition. The commission’s recommendation will go to City Council on June 10.
Ending If Council approves the amendments, the rooftop wireless facility and the vape shop will be conforming uses under the B-2-C zoning, and the special-use permit for reduced setbacks will be extended for a three-year period for the existing building and proposed addition in the location shown on the development plan.
