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HomeMy WebLinkAboutZ-4452-B Staff AnalysisFILE NO.: Z -4452-B NAME: Rush Engine - Revised Short -Form PCD and Preliminary Plat LOCATION: Northwest corner of Asher Avenue and Elm Street DEVELOPER: ENGINEER: Bill F. Rush 4100 Asher Avenue Little Rock, AR 72204 AREA: Approx. 3 acres Garver Engineers 1010 Battery Street Little Rock, AR 72202 NUMBER OF LOTS: 2 ZONING: PCD ALLOWED USES: PROPOSED USE: VARIANCES/WAIVERS REQUESTED: FT. NEW STREET: 0 Mixture of Commercial and Industrial Mixture of Commercial and Industrial with the addition of a third building Waiver of the right-of-way dedication for Asher Avenue, Elm Street, Lewis Street and West 29th Street BACKGROUND: On August 6, 1985 the Board of Directors passed Ordinance No. 14,925 which rezoned this property from C-3 to PCD for a mixed commercial/industrial development. There are currently two (2) buildings or the site. The smaller building at the southwest corner of the property contains a restaurant, with Rush Engine Remanufacturers occupying the larger building. A. PROPOSAL/REQUEST: The applicant is proposing to revise the previously approved PCD by subdividing the property into two (2) lots and proposing a commercial building on the new (Lot 1). A future building addition is also proposed for the Rush Engine building. FILE NO.: Z -4452-B (Cont.) The new building proposed is to be 7,000 square feet in area (one story) and used for auto parts sales. This building is to be located at the southeast corner of the property on the newly created lot. A 14,600 square foot future building addition is proposed for the 24,760 square foot Rush Engine Remanufacturing building. The proposed building, building addition and parking design are noted on the attached site plan. Cross access easements are proposed along the common lot lines. The applicant has noted that an auto parts store (Advance Auto Parts) will occupy the new building, with Rush Engine Remanufacturers remaining in the large commercial building. The applicant is proposing C-3 permitted uses for the existing commercial building at the southwest corner of the site. The applicant has noted the following hours of operation for the three (3) buildings: Rush Engine - 8:00 a.m. - 5:00 p.m., Monday -Friday Commercial building (southwest corner of property) - 10:00 a.m. - 7:00 p.m., Tuesday -Saturday Advance Auto Parts - 8:00 a.m. - 9:00 p.m., Daily B. EXISTING CONDITIONS: As noted previously, there are two (2) existing commercial buildings on the site. A 24,760 square foot building is located within the north one-half of the property, with an 1,810 square foot building near the southwest corner of the site. The entire site is concreted or paved, property line to property line. There is a mixture of commercial uses to the eat and west along the north side of Asher Avenue and to the south across Asher Avenue. There is a church across Lewis Street to the west, with single family residences further west. There are also single family residences and a church to the north and east across Elm Street. C. NEIGHBORHOOD COMMENTS: Staff has received no comment from the neighborhood as of this writing. The Midway and Love Neighborhood Associations were notified of the public hearing. 2 FILE NO.: Z -4452-B (Cont.) D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Asher Avenue is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 45 feet from centerline will be required. 2. Elm Street, Lewis Street, and West 29th Street are commercial streets. Dedicate right-of-way to 30 feet from centerline. 3. A 20 feet radial dedication of right-of-way is required on all corners. 4. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 5. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. Repair existing sidewalk. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 7. Stormwater detention ordinance applies to this property. 8. Building construction over storm drainage will not be allowed. 9. Driveway shall conform to Sec. 31-210 and Ordinance 18,031. Close unused driveways. 10. Proposed auto parts business should take access from access easement only. 11. Access easement must be 45 feet of right-of-way and constructed to City standards, minor commercial street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: May require private fire hydrant. Contact Dennis Free at 918-3752 for details. County Plannin : No Comment. CATA: CATA Routes #14 and #16 serve this site; approved for transit as submitted. 3 FILE NO.: Z -4452-B (Cont.) F. ISSUES/TECHNICAL/DESIGN: Plannina Division: This request is in the I-630 Planning District. The Land Use Plan currently shows Commercial for this location. The expansion of an existing PCD is not a Land Use Plan issue. City Recognized Neighborhood Action Plan: The Oak Forest Neighborhood Action Plan recommends that new commercial be located along corridors. Landscape Issues: The proposed plan does not allow for the required 10 foot wide buffer along Asher Avenue nor the 8 foot wide buffer along Elm Street. A total of six percent of the vehicular use area of the Advance Auto Parts property must be landscaped with interior islands. Also, a minimum 4 foot wide landscape strip is required along the western perimeter and a 3 foot wide building landscape strip between the public parking area and building. There is some flexibility allowed with the building landscaping requirement. Upgrade in landscaping toward compliance with the Landscape Ordinance equal to the building expansion proposed (60%) on the Rush Engine Remanufacturers property will be required. Variances from minimum Landscape Ordinance requirements can only be granted by the City Beautiful Commission. G. ANALYSIS: The applicant submitted a revised site plan and additional information to staff on October 27, 1999. The revised plan addresses most of the concerns as raised by staff and the Subdivision Committee. The revised plan provides for additional building and interior landscaped areas within Lot 1 as required by staff. Staff is comfortable with the landscape areas provided within Lot 1. Lot 2 will require an upgrade in landscaping when the future building addition to the large commercial building is made. 4 FILE NO.: Z -4452-B (Cont.) The revised plan also shows the access easement along the west property line of Lot 1 to include the parking spaces along that property line, as requested by staff. The fact that there is an access easement along both interior property lines of Lot 1, a requirement for landscaping along those lot lines is eliminated. The site plan for this property (Lots 1 and 2) shows a total of 135 parking spaces. Typically, the ordinance would require a total of 100 parking spaces for the uses as proposed. Staff has no problem with the parking plan as proposed. The applicant has requested a waiver of the required right- of-way dedication for Asher Avenue, Elm Street, Lewis Street and West 29t'' Street. The applicant notes that the right-of-way dedication waiver is needed in order to maintain the necessary area required to make the development of Lot 1 work. Public Works has indicated support of the waiver request for Elm, Lewis and West 29th Streets. Public Works recommends denial of the requested waiver right-of-way dedication for Asher Avenue. This issue must be discussed and resolved by the full Commission. As noted in paragraph A. of this report, the applicant is requesting C-3 permitted uses as alternate uses for the small commercial building at the southwest corner of the property (as suggested by staff). However, after further review, staff feels that it would be reasonable to allow C-3 permitted uses as alternate uses for all three (3) buildings shown on the site plan. Otherwise, to staff's knowledge, there are no outstanding issues associated with the proposed site plan. Staff is comfortable with the proposed site plan and feels that the development as proposed will be an excellent improvement within the Asher Avenue corridor. H. STAFF RECOMMENDATIONS: Staff recommends approval of the revised PCD subject to the following conditions: 1. Compliance with the requirements as D, E and F of this report. 2. Staff recommends C-3 permitted uses all three (3) commercial buildings. 5 noted in paragraphs as alternate uses for FILE NO.: Z -4452-B (Cont.) 3. Staff recommends approval of the requested waiver of right-of-way dedication for Elm, Lewis and West 29th Streets. 4. Staff recommends denial of the requested waiver of right- of-way dedication for Asher Avenue. 5. A landscape upgrade will need to be provided with the future addition to the large commercial building. 6. Any additional site lighting should be directed away from adjacent residential property. 7. A preliminary/final plat must be complete (staff level) prior to a building permit being issued. 8. The existing driveway from Elm Street at the northeast corner of the property (noted by the applicant "to remain closed") must be closed and replaced with curb and gutter. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 21, 1999) Ben Rush and Bill Ruck were present, representing the application. Staff gave a brief description of the revised PCD. The primary topic of discussion was the landscape issues associated with the planned development of the property. Mr. Ruck noted that building and interior landscaped areas would be added to the lot at the corner of Asher Avenue and Elm Street. It was also noted that no landscaping would be required along the interior lot lines if an access easement was proposed along these lines. Staff noted that the upgrade in landscaping for the larger lot (Rush Engine building) could be done, with plans submitted, when the future addition is constructed. The Public Works requirements were briefly discussed. The applicant noted that a waiver of right-of-way dedication for Asher Avenue and West 29th Street would probably be requested. Other Public Works issues (stormwater detention and driveway locations) were briefly discussed. After the discussion, the Committee forwarded the revised PCD to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Bill Rush, Bill Ruck and Bob Fresson were present, representing the application. Staff briefly described the proposed revised PCD, with a recommendation of approval with conditions to include a waiver of right-of-way dedication for Elm, Lewis and West 29th Streets. Staff recommended denial of the requested 0 FILE NO.: Z -4452-B (Cont.) waiver of right-of-way dedication for Asher Avenue. Staff noted that the required notices were mailed two (2) days late. The Commission first discussed waiving the bylaws to accept the notification as completed by the applicant. There was a motion to waive the bylaws and accept the notification two (2) days late. Bill Rush stated that he thought the notices were mailed only one day late. Commissioner Lowry stated that there were no grounds for waiving the bylaws. The motion passed by a vote of 7 ayes, 2 nays, 1 absent and 1 open position. Bill Rush addressed the Commission in support of the application and explained the project and the Asher Avenue area in general. He stated that the proposed development would be an upgrade to the property and be an asset to the general area and provide added security to the area. Mr. Rush discussed the right-of-way dedication issue. He stated that the right-of-way dedication for Asher Avenue would kill the project. Bill Ruck provided additional explanation of the project and the difficulty in developing this site and meeting the typical ordinance requirements. He noted that the site lighting would be directed away from adjacent residential property. He also noted that the existing driveway at the northeast corner of the property would be closed. There was discussion relating to the requested waiver of right- of-way dedication for Asher Avenue. Mr. Ruck also stated that the right-of-way dedication would eliminate parking and kill the project. Mr. Rush explained how the access to the property would work. He noted that there were three (3) access points with cross - access easements. He gave additional explanation of the project and reasons for the right-of-way dedication waiver request. Robert James addressed the Commission. He asked why the church on the west side of Lewis Street was not included in the Asher Avenue corridor meetings. He noted that he is not opposed to the proposed project. He noted concerns with people possibly working on vehicles in the auto parts store parking lot. Commissioner Lowry asked the applicant about Mr. James' concern. 7 FILE NO.: Z -4452-B (Cont.) Bob Fresson stated that there would be no repair work done on the property. He noted that the employees might help a customer change a battery, but no repair work. He also stated that Advance Auto Parts will not select the site for development if the right-of-way is not waived. There was a general discussion relating to a deferral of right- of-way dedication. Mr. Fresson stated that a deferral would not help the situation. He noted that a deferral would allow the possibility of losing the parking along Asher Avenue in the future. A possible franchise for the parking along Asher Avenue was briefly discussed. Mr. Fresson stated that permanent use of the parking was needed. There was additional discussion relating to the right-of-way dedication issue. Jim Lawson, Director of Planning and Development, stated that if the right-of-way dedication is not made, the application should be denied. Commissioner Faust concurred with Mr. Lawson and expressed concern with waiving the right-of-way. Commissioner Rahman also expressed concern with waiving the right-of-way and the reasons for the waiver request. Mr. Rush further discussed the waiver of right-of-way issue. He noted that he wished to retain as many of the parking spaces as possible on Lot 2. Commissioner Nunnley asked about possible obstruction of traffic with the proposed landscaping along Asher Avenue. This issue and the traffic in this immediate area was discussed. Commissioner Downing asked about the terms of the proposed lease of the property. Mr. Fresson noted that it was a 10 year lease with five year options (25 years total). In response to a questions from the Commission, Bob Turner, of Public Works, stated that the City has no immediate plans to make improvements to Asher Avenue. Commissioner Downing asked if the City could commit to a 25 year franchise. Mr. Turner stated that the City could not commit to a 25 year franchise. 8 FILE NO.: Z -4452-B (Cont.) There was additional discussion regarding the franchise procedure and attaching a time period to a franchise. There was a motion to defer the application to the December 2, 1999 agenda in order to give staff time to work with the applicant regarding the Asher Avenue right-of-way issue. The motion was seconded and discussed. The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (DECEMBER 2, 1999) The staff presented a positive recommendation on this application, and there were no further issues for resolution. There were no objectors to this matter. The staff informed the Commission that the applicant had agreed to dedicate the required right-of-way for Asher Avenue and will obtain a franchise for the proposed improvements within this right-of-way dedication area. Staff informed the Commission that a waiver of street improvements would be supported by Public Works and that the applicant had agreed to repair any damaged curb, gutter or sidewalk along Asher Avenue. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. E December 2, 1999 ITEM NO.: D FILE NO.: Z -4452-B NAME: Rush Engine - Revised Short -Form PCD and Preliminary Plat LOCATION: Northwest corner of Asher Avenue and Elm Street DEVELOPER: ENGINEER: Bill F. Rush 4100 Asher Avenue Little Rock, AR 72204 AREA: Approx. 3 acres Garver Engineers 1010 Battery Street Little Rock, AR 72202 NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: PCD ALLOWED USES: PROPOSED USE: VARIANCES/WAIVERS REQUESTED: Mixture of Commercial and Industrial Mixture of Commercial and Industrial with the addition of a third building Waiver of the right-of-way dedication for Asher Avenue, Elm Street, Lewis Street and West 29th Street BACKGROUND: On August 6, 1985 the Board of Directors passed Ordinance No. 14,925 which rezoned this property from C-3 to PCD for a mixed commercial/industrial development. There are currently two (2) buildings or the site. The smaller building at the southwest corner of the property contains a restaurant, with Rush Engine Remanufacturers occupying the larger building. A. PROPOSAL/REQUEST: The applicant is proposing to revise the previously approved PCD by subdividing the property into two (2) lots and proposing a commercial building on the new (Lot 1). A future building addition is also proposed for the Rush December 2, 1999 ITEM NO.: D (Cont.) FILE NO.: Z -4452-B Engine building. The new building proposed is to be 7,000 square feet in area (one story) and used for auto parts,sales. This building is to be located at the southeast corner of the property on the newly created lot. A 14,600 square foot future building addition is proposed for the 24,760 square foot Rush Engine Remanufacturing building. The proposed building, building addition and parking design are noted on the attached site plan. Cross access easements are proposed along the common lot lines. The applicant has noted that an auto parts store (Advance Auto Parts) will occupy the new building, with Rush Engine Remanufacturers remaining in the large commercial building. The applicant is proposing C-3 permitted uses for the existing commercial building at the southwest corner of the site. The applicant has noted the following hours of operation for the three (3) buildings: Rush Engine - 8:00 a.m. - 5:00 .m., Monda -Frida Commercial building (southwest corner of property) - 10:00 a.m. - 7:00 p.m., Tuesday -Saturday Advance Auto Parts - 8:00 a.m. - 9:00 p.m., Daily B. EXISTING CONDITIONS: As noted previously, there are two (2) existing commercial buildings on the site. A 24,760 square foot building is located within the north one-half of the property, with an 1,810 square foot building near the southwest corner of the site. The entire site is concreted or paved, property line to property line. There is a mixture of commercial uses to the eat and west along the north side of Asher Avenue and to the south across Asher Avenue. There is a church across Lewis Street to the west, with single family residences further west. There are also single family residences and a church to the north and east across Elm Street. C. NEIGHBORHOOD COMMENTS: Staff has received no comment from the neighborhood as of this writing. The Midway and Love Neighborhood Associations were notified of the public hearing. Pa December 2, 1999 ITEM NO.: D (Cont.) D. ENGINEERING COMMENTS: FILE NO.: Z -4452-B PUBLIC WORKS CONDITIONS: 1. Asher Avenue is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 45 feet from centerline will be required. 2. Elm Street, Lewis Street, and West 29th Street are commercial streets. Dedicate right-of-way to 30 feet from centerline. 3. A 20 feet radial dedication of right-of-way is required on all corners. 4. Provide design of street conforming to " MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 5. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. Repair existing sidewalk. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 7. Stormwater detention ordinance applies to this property. 8. Building construction over storm drainage will not be allowed. 9. Driveway shall conform to Sec. 31-210 and Ordinance 18,031. Close unused driveways. 10. Proposed auto parts business should take access from access easement only. 11. Access easement must be 45 feet of right-of-way and constructed to City standards, minor commercial street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: May require private fire hydrant. Contact Dennis Free at 918-3752 for details. County Plannin : No Comment. 3 December 21 1999 ITEM NO.: D (Cont.) FILE NO.: Z -4452-B CATA: CATA Routes #14 and #16 serve this site; approved for transit as submitted. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the I-630 Planning District. The Land Use Plan currently shows Commercial for this location. The expansion of an existing PCD is not a Land Use Plan issue. City Recognized Nei hborhood Action Plan: The Oak Forest Neighborhood Action Plan recommends that new commercial be located along corridors. Landscape Issues: The proposed plan does not allow for the required 10 foot wide buffer along Asher Avenue nor the 8 foot wide buffer along Elm Street. A total of six percent of the vehicular use area of the Advance Auto Parts property must be landscaped with interior islands. Also, a minimum 4 foot wide landscape strip is required along the western perimeter and a 3 foot wide building landscape strip between the public parking area and building. There is some flexibility allowed with the building landscaping requirement. Upgrade in landscaping toward compliance with the Landscape Ordinance equal to the building expansion proposed (60%) on the Rush Engine Remanufacturers property will be required. Variances from minimum Landscape Ordinance requirements can only be granted by the City Beautiful Commission. G. ANALYSIS: The applicant submitted a revised site plan and additional information to staff on October 27, 1999. The revised plan addresses most of the concerns as raised by staff and the Subdivision Committee. The revised plan provides for additional building and interior landscaped areas within Lot 1 as required by staff. Staff is comfortable with the landscape areas provided within Lot 1. Lot 2 will require an upgrade in landscaping when the future building addition to the large commercial 4 December 2, 1999 ITEM NO.: D (Cont.) building is made. FILE NO.: Z -4452-B The revised plan also shows the access easement along the west property line of Lot 1 to include the parking spaces along that property line, as requested by staff. The fact that there is an access easement along both interior property lines of Lot 1, a requirement for landscaping along those lot lines is eliminated. The site plan for this property (Lots 1 and 2) shows a total of 135 parking spaces. Typically, the ordinance would require a total of 100 parking spaces for the uses as proposed. Staff has no problem with the parking plan as proposed. The applicant has requested a waiver of the required right- of-way dedication for Asher Avenue, Elm Street, Lewis Street and West 29th Street. The applicant notes that the right- of-way dedication waiver is needed in order to maintain the necessary area required to make the development of Lot 1 work. Public Works has indicated support of the waiver request for Elm, Lewis and West 29th Streets. Public Works recommends denial of the requested waiver right-of-way dedication for Asher Avenue. This issue must be discussed and resolved by the full Commission. As noted in paragraph A. of this report, the applicant is requesting C-3 permitted uses as alternate uses for the small commercial building at the southwest corner of the property (as suggested by staff). However, after further review, staff feels that it would be reasonable to allow C-3 permitted uses as alternate uses for all three (3) buildings shown on the site plan. Otherwise, to staff's knowledge, there are no outstanding issues associated with the proposed site plan. Staff is comfortable with the proposed site plan and feels that the development as proposed will be an excellent improvement within the Asher Avenue corridor. H. STAFF RECOMMENDATIONS: Staff recommends approval of the revised PCD subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D, E and F of this report. 2. Staff recommends C-3 permitted uses as alternate uses for 5 December 2, 1999 ITEM NO.: D (Cont.) FILE NO.: Z -4452-B all three (3) commercial buildings. 3. Staff recommends approval of the requested waiver of right-of-way dedication for Elm, Lewis and West 29t' Streets. 4. Staff recommends denial of the requested waiver of right- of-way dedication for Asher Avenue. 5.A landscape upgrade will need to be provided with the future addition to the large commercial building. 6. Any additional site lighting should be directed away from adjacent residential property. 7. A preliminary/final plat must be complete (staff level) prior to a building permit being issued. 8.The existing driveway from Elm Street at the northeast corner of the property (noted by the applicant "to remain closed") must be closed and replaced with curb and gutter. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 21, 1999) Ben Rush and Bill Ruck were present, representing the application. Staff gave a brief description of the revised PCD. The primary topic of discussion was the landscape issues associated with the planned development of the property. Mr. Ruck noted that building and interior landscaped areas would be added to the lot at the corner of Asher Avenue and Elm Street. It was also noted that no landscaping would be required along the interior lot lines if an access easement was proposed along these lines. Staff noted that the upgrade in landscaping for the larger lot (Rush Engine building) could be done, with plans submitted, when the future addition is constructed. The Public Works requirements were briefly discussed. The applicant noted that a waiver of right-of-way dedication for Asher Avenue and West 29th Street would probably be requested. Other Public Works issues (stormwater detention and driveway locations) were briefly discussed. After the discussion, the Committee forwarded the revised PCD to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Bill Rush, Bill Ruck and Bob Fresson were present, representing the application. Staff briefly described the proposed revised PCD, with a recommendation of approval with conditions to include a waiver of right-of-way dedication for Elm, Lewis and West 29th 6 December 2, 1999 ITEM NO.: D (Cont.) FILE NO.: Z -4452-B Streets. Staff recommended denial of the requested waiver of right-of-way dedication for Asher Avenue. Staff noted that the required notices were mailed two (2) days late. The Commission first discussed waiving the bylaws to accept the notification as completed by the applicant.- There was a motion to waive the bylaws and accept the notification two (2) days late. Bill Rush stated that he thought the notices were mailed only one day late. Commissioner Lowry stated that there were no grounds for waiving the bylaws. The motion passed by a vote of 7 ayes, 2 nays, 1 absent and 1 open position. Bill Rush addressed the Commission in support of the application and explained the project and the Asher Avenue area in general. He stated that the proposed development would be an upgrade to the property and be an asset to the general area and provide added security to the area. Mr. Rush discussed the right-of-way dedication issue. He stated that the right-of-way dedication for Asher Avenue would kill the project. Bill Ruck provided additional explanation of the project and the difficulty in developing this site and meeting the typical ordinance requirements. He noted that the site lighting would be directed away from adjacent residential property. He also noted that the existing driveway at the northeast corner of the property would be closed. There was discussion relating to the requested waiver of right- of-way dedication for Asher Avenue. Mr. Ruck also stated that the right-of-way dedication would eliminate parking and kill the project. Mr. Rush explained how the access to the property would work. He noted that there were three (3) access points with cross -access easements. He gave additional explanation of the project and reasons for the right-of-way dedication waiver request. Robert James addressed the Commission. He asked why the church on the west side of Lewis Street was not included in the Asher Avenue corridor meetings. He noted that he is not opposed to the proposed project. He noted concerns with people possibly working on vehicles in the auto parts store parking lot. 7 December 2, 1999 ITEM NO.: D (Cont.) FILE NO.: Z -4452-B Commissioner Lowry asked the applicant about Mr. James' concern. Bob Fresson stated that there would be no repair work done on the property. He noted that the employees might help a customer change a battery, but no repair work. He also stated that Advance Auto Parts will not select the site for development if the right-of-way is not waived. There was a general discussion relating to a deferral of right- of-way dedication. Mr. Fresson stated that a deferral would not help the situation. He noted that a deferral would allow the possibility of losing the parking along Asher Avenue in the future. A possible franchise for the parking along Asher Avenue was briefly discussed. Mr. Fresson stated that permanent use of the parking was needed. There was additional discussion relating to the right-of-way dedication issue. Jim Lawson, Director of Planning and Development, stated that if the right-of-way dedication is not made, the application should be denied. Commissioner Faust concurred with Mr. Lawson and expressed concern with waiving the right-of-way. Commissioner Rahman also expressed concern with waiving the right-of-way and the reasons for the waiver request. Mr. Rush further discussed the waiver of right-of-way issue. He noted that he wished to retain as many of the parking spaces as possible on Lot 2. Commissioner Nunnley asked about possible obstruction of traffic with the proposed landscaping along Asher Avenue. This issue and the traffic in this immediate area was discussed. Commissioner Downing asked about the terms of the proposed lease of the property. Mr. Fresson noted that it was a 10 year lease with five year options (25 years total). In response to a questions from the Commission, Bob Turner, of Public Works, stated that the City has no immediate plans to make improvements to Asher Avenue. 8 December 21 1999 ITEM NO.: D (Cont.) FILE NO.: Z -4452-B Commissioner Downing asked if the City could commit to a 25 year franchise. Mr. Turner stated that the City could not commit to a 25 year franchise. There was additional discussion regarding the franchise procedure and attaching a time period to a franchise. There was a motion to defer the application to the December 2, 1999 agenda in order to give staff time to work with the applicant regarding the Asher Avenue right-of-way issue. The motion was seconded and discussed. The motion passed by a vote of 6 ayes, 3 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (DECEMBER 2, 1999) The staff presented a positive recommendation on this application, and there were no further issues for resolution. There were no objectors to this matter. The staff informed the Commission that the applicant had agreed to dedicate the required right-of-way for Asher Avenue and will obtain a franchise for the proposed improvements within this right-of-way dedication area. Staff informed the Commission that a waiver of street improvements would be supported by Public Works and that the applicant had agreed to repair any damaged curb, gutter or sidewalk along Asher Avenue. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. Pi