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HomeMy WebLinkAboutZ-4470-B Staff AnalysisDecember 2,•1999 ITEM NO.: F FILE NO.: Z -4470-B NAME: Chenal Commercial Park (Lot 3R) - Short -Form PD -C and Revised Preliminary Plat LOCATION: Northwest corner of Chenal Parkway and Wellington Village Road DEVELOPER: ENGINEER: Saturn West LLC. The Mehlburger Firm 1700 N. Shackleford Road 201 S. Izard Street Little Rock, AR 72212 Little Rock, AR 72203 AREA: 4.2 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: 0-3 ALLOWED USES: Office PROPOSED USE: Auto dealership VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to revise the previously approved preliminary plat for the Chenal Commercial Park Subdivision by adding approximately 1.74 acres to Lot 3. The applicant also proposes to rezone the area of Lot 3 from 0-3 to PD -C to allow the development of an auto dealership. A major Land Use Plan amendment for this property has also been filed (Item 6.1 on this agenda). The applicant is proposing two (2) buildings for the site. A 15,000 square foot office/showroom/service building and 2,500 square foot auto detail building are proposed. The applicant has noted that the buildings will not exceed 28 feet in height. The proposed buildings along with areas for customer, service and employee parking and vehicle display and inventory are noted on the attached site plan. December 2, 1999 ITEM NO.: F (Cont.) FILE NO.: Z -4470-B B. EXISTING CONDITIONS: The property is undeveloped and wooded. The property slopes upward slightly from Chenal Parkway and Wellington Village Road. There is a church immediately west of the site, with undeveloped 0-3 and C-2 zoned property to the north and east, across Wellington Village Road. The One Source Homecenter is located across Chenal Parkway to the south. C. NEIGHBORHOOD COMMENTS: Staff has received no comment from the neighborhood as of this writing. The St. Charles and Parkway Place Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Dedicate additional 10 feet of right-of-way for right turn lane on Wellington Village Road. 2. Provide in -lieu contribution for street improvements and intersection construction as previously agreed. 3. Provide design of streets conforming to " MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. Construct right turn lane on Wellington Village Road. 4. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. Easements for proposed stormwater detention facilities are required. 9. Driveway shall conform to Sec. 31-210 or Ordinance 18,031. Relocate driveway on Wellington Village to meet Ordinance requirements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve property. AP&L: No Comment received. 2 Ir December 2, 1999 ITEM NO.: F (Cont.) FILE NO.: Z -4470-B Arkla: No Comment. Southwestern Bell: No Comment received. Water: An acreage charge of $600 per acre applies in addition to normal charges. A 39" raw water main crosses in this area. Plans for development and changes in grade in the area where this main is located must be approved by the Water Works. Fire Department: Private fire hydrants may be required. Contact Dennis Free at 918=3752 for details. County Planning: No Comment. CATA: Site is not currently served by CATA, approved for transit purposes as submitted. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Chenal District. The Land Use Plan currently shows Office for this location. There is pending Land Use Plan Amendment on the property to be heard on this agenda. City Recognized Neighborhood Action Plan: The Rock Creek Neighborhood Action Plan recommends promotion of commercial and office development that enhances the primarily residential character of the community. Landscape Issues: A minimum 3 foot wide landscape strip between the public parking areas and building is required. If this property were zoned 11C-4" for "outdoor display" no display of vehicles would be allowed within the front 20 feet of the property. This property being wooded, the City Beautiful Commission recommends preserving as many of the existing trees as feasible. Extra credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of 6 inch caliper and larger. 3 December 2, 1999 ITEM NO.: F (Cont.) G. ANALYSIS: FILE NO.: Z -4470-B The applicant submitted a revised site plan and preliminary plat to staff on October 27, 1999. The revised plan addresses some of the concerns as raised by staff and the Subdivision Committee. An increased buffer has been shown along the west property line, where the service and inventory parking are adjacent to the R-2 zoned church site. The applicant has also noted that existing trees will be saved along the north and east property lines where grading permits. The revised plan also shows building landscaping as required. The revised plan also relocated the driveway from Wellington Village Road further to the north as required by Public Works. The turn lane on Wellington Village Road has also been provided. Public Works has indicated that the street improvements to Chenal Parkway need to be shown. As for the proposed site design, staff is not agreeable to the building having the service entry doors facing the street frontage (Chenal Parkway), as shown on a south elevation sketch submitted by the applicant. Staff is also not comfortable with there being vehicle display within the first 20 feet of the property along both street frontages. Aside from the site design concerns, staff feels that the proposed zoning change in inappropriate. Based on the fact that a major Land Use Plan amendment has been filed for the property, which will not be supported, staff cannot support the proposed PD -C rezoning for an auto dealership. H. STAFF RECOMMENDATIONS: Staff recommends denial of the requested PD -C zoning. SUBDIVISION COMMITTEE COMMENT: Frank Riggins was present, representing gave a brief description of the PD -C and plat, noting several items which needed plat drawing. 4 (OCTOBER 21, 1999) the application. Staff revised preliminary to be shown on a revised December 21 1999 ITEM NO.: F (Cont.) FILE NO.: Z -4470-B The buffer along the west property line was discussed. Mr. Riggins noted that a portion of the church parking lot to the west was on this property. Staff noted that any proposed ground -mounted signage needed to be shown on the plan. Staff also noted that the service entry should be on the west or north side of the building and not the street side. In response to a question from staff, Mr. Riggins stated that areas where existing trees would be saved would be noted as a revised plan. Bob Brown, Site Plan Review Specialist, noted that some building landscaping was required. The Public Works requirements were briefly discussed, including the right turn lane requirement for Wellington Village Road. Tad Borkowski, of Public Works, noted that a traffic signal contribution would be required for the Wellington Village Road - Chenal Parkway intersection. After the discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Wes Lowder, Frank Riggins and Rick Parker were present, representing the application. Staff briefly described the proposed project with a recommendation of denial. The Land Use Plan Amendment (Item 6.1) and the proposed PD -C rezoning were discussed simultaneously. Chairman Earnest asked about the Land Use Plan Amendment and the PD -C being on the same agenda. Jim Lawson, Director of Planning and Development, stated that typically a major land use plan amendment and a rezoning are on separate agendas, but in this case the applicant filed both applications on the same agenda. Wes Lowder addressed the Commission in support of the application. He discussed the proposed project and stated that the developer wished to save as many of the trees on the site as possible. He noted that the hours of operation would be from 8:00 a.m. to 7:00 p.m., Monday through Saturday. Jim Hathaway addressed the Commission. He stated that he did not oppose the proposed development, however, he was opposed to the Land Use Plan Amendment and the PD -C being on the same agenda. He discussed this issue. 5 December 2, 1999 ITEM NO.: F (Cont.) FILE NO.: Z -4470-B Herrn Northcutt, of the Highland Valley Methodist Church, addressed the Commission and noted that the church supports the application. Rick Parker addressed the Commission in support of the application, and offered additional description of the project. Commissioner Hawn asked the applicant why the Land Use Plan should be changed. Mr. Lowder explained that the two applications were filed simultaneously due to timing and financial reasons and explained. There was additional discussion regarding the policy of hearing a major Land Use Plan Amendment and a rezoning on separate agendas. Commissioner Hawn, Downing, Rector, Faust and Jim Lawson (Planning Director) offered comments during this discussion. Mr. Lawson stated that the staff recommended that the applicant file the applications on separate agendas. Jimmy Moses addressed the Commission and supported the two applications being on the same agenda. He noted that the nature of the Chenal Parkway area has changed over the last several years as reasoning for the Land Use Plan change. Commissioner Earnest and Downing offered comments regarding the Land Use Plan Amendment process. Commissioner Rahman recommended that staff look at an expanded area for the Land Use Plan change. Mr. Lawson stated that staff does not favor changing the Land Use Plan for this property only. An expanded Land Use Plan Amendment was discussed. In response to a question from staff, Mr. Lawson stated that it was known at the time of the original land use plan change that there would be two (2) arterial streets at this intersection. Mr. Hathaway discussed changing the Land Use Plan for Lots 1-3 to MOC as a compromise. Commissioner Hawn stated that he was uncomfortable with changing the Land Use Plan proposal at this meeting. There was additional discussion regarding this issue. 6 December 2, 1999 ITEM NO.: F (Cont.) FILE NO.: Z -4470-B Mr. Lowder stated that the applicant wished to have a vote on the applications. There was a motion to defer the PD -C rezoning to the December 2, 1999 agenda. The Commission also asked staff to consider changing the Land Use Plan to MOC for all three lots on the west side of Wellington Village Road. The motion passed by a vote of 8 ayes, 0 nays, 1 recused (Lowry), 1 absent, 1 open position. PLANNING COMMISSION ACTION: (DECEMBER 2, 1999) Wes Lowder and Rick Parker were present, representing the application. Staff gave a brief description of the proposed PD -C rezoning and site plan with a recommendation of denial, based on the fact that staff felt that the PD -C for an auto dealership did not meet the purpose and intent of the MOC land use plan designation. West Lowder addressed the Commission in support of the rezoning. He gave reasons why this proposed rezoning would be appropriate. He noted that there would be no large cuts or fills with this proposed development. He noted that the vehicular display within the first 20 feet of the property on the street sides would be eliminated. He noted that the service entry doors would be relocated to a building side other than the Chenal Parkway side. Commissioner Rector asked if the proposed hours of operation, service door locations and other conditions could be made part of the application and would they be enforceable. Jim Lawson, Director of Planning and Development, noted that they could be made part of the application and that they would be enforceable. Commissioner Nunnley asked the applicant if a deferral would be acceptable to allow time for the applicant to meet with the neighborhood. Mr. Lowder responded that a deferral would not be acceptable. Allen Van Biersly addressed the Commission with concerns about the project. He noted that his main concern was related to 7 December 2, 1999 ITEM NO.: F (Cont.) FILE NO.: Z -4470-B traffic and test drives through the Wellington Village neighborhood. He stated that he would be willing to work with the applicant to address the neighborhood concerns. Mr. Lawson stated that prohibiting test drives through the neighborhood could be a condition of approval. There was a brief discussion relating to the enforcement of this condition. Rick Parker addressed the Commission in support of the application. He discussed the proposed operation (Saturn dealership). He stated that the proposed dealership had no auto body shop. He also briefly discussed building design, comparing this proposed building to the design of the Parker Auto Body Shop building located near Rainwood Drive. He also noted that the adjacent church supported this application. Mr. Parker noted that this auto dealership would have approximately 25 employees and that the business would generate approximately 70-100 vehicles per day. He stated that he would commit to not test driving vehicles through the Wellington Village neighborhood. Mr. Lawson explained the MOC land use plan designation definition and intent as reasons for the staff's recommendation of denial. The possible impact of this proposed use was briefly discussed. Commissioner Rahman briefly discussed the MOC land use plan designation with respect to this proposed rezoning. He noted that the proposed auto dealership would have an office component. A motion was made to approve the PD -C rezoning subject to the conditions offered by the applicant to include: 1. No vehicular display within the first 20 feet of the property on the street sides. 2. The service entry doors to be located on a side of the building other than the Chenal Parkway side. 3. No test drives through the Wellington Village neighborhood. 4. No body shop 5. Proposed hours of operation: 8:00 a.m. to 7:00 p.m., Monday - Saturday (No Sunday hours). There was a general discussion regarding the conditions of the motion and the MOC land use plan designation. 8 December 2, 1999 ITEM NO.: F (Cont.) FILE NO.: Z -4470-B Mr. Lawson stated that the PD -C as proposed with the conditions could be for this particular auto dealership. Stephen Giles, City Attorney, noted that the zoning run with the land, and that the title would not be restricted. He stated that the property could be sold to another business which could operate under the same conditions placed on this applicant. There was additional disdussion relating to the City's Land Use Plan and procedures. Commissioner Downing noted that lots 1 and 2 of this subdivision, which the Commission recommended to change to MOC, should be used for office. There was brief additional discussion. The Chairman called for a vote on the previous motion. The motion passed with a vote of 9 ayes, 1 nay and 1 recused (Lowry). E] FILE NO.: Z -4470-B NAME: Chenal Commercial Park (Lot 3R) - Short -Form PD -C and Revised Preliminary Plat LOCATION: Northwest corner of Chenal Parkway and Wellington Village Road DEVELOPER: Saturn West LLC. 1700 N. Shackleford Road Little Rock, AR 72212 AREA: 4.2 acres ZONING: 0-3 ENGINEER: The Mehlburger Firm 201 S. Izard Street Little Rock, AR 72203 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Office PROPOSED USE: Auto dealership VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to revise the previously approved preliminary plat for the Chenal Commercial Park Subdivision by adding approximately 1.74 acres to Lot 3. The applicant also proposes to rezone the area of Lot 3 from 0-3 to PD -C to allow the development of an auto dealership. A major Land Use Plan amendment for this property has also been filed (Item 6.1 on this agenda). The applicant is proposing two (2) buildings for the site. A 15,000 square foot office/showroom/service building and 2,500 square foot auto detail building are proposed. The applicant has noted that the buildings will not exceed 28 feet in height. The proposed buildings along with areas for customer, service and employee parking and vehicle display and inventory are noted on the attached site plan. FILE NO.: Z -4470-B (Cont.) B. EXISTING CONDITIONS: The property is undeveloped and wooded. The property slopes upward slightly from Chenal Parkway and Wellington Village Road. There is a church immediately west of the site, with undeveloped 0-3 and C-2 zoned property to the north and east, across Wellington Village Road. The One Source Homecenter is located across Chenal Parkway to the south. C. NEIGHBORHOOD COMMENTS: Staff has received no comment from the neighborhood as of this writing. The St. Charles and Parkway Place Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Dedicate additional 10 feet of right-of-way for right turn lane on Wellington Village Road. 2. Provide in -lieu contribution for street improvements and intersection construction as previously agreed. 3. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. Construct right turn lane on Wellington Village Road. 4. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 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. Easements for proposed stormwater detention facilities are required. 9. Driveway shall conform to Sec. 31-210 or Ordinance 18,031. Relocate driveway on Wellington Village to meet Ordinance requirements. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve property. AP&L: No Comment received. Arkla: No Comment. 2 FILE NO.: Z -4470-B (Cont.) Southwestern Bell: No Comment received. Water: An acreage charge of $600 per acre applies in addition to normal charges. A 39" raw water main crosses in this area. Plans for development and changes in grade in the area where this main is located must be approved by the Water Works. Fire Department: Private fire hydrants may be required. Contact Dennis Free at 918-3752 for details. County Planning: No Comment. CATA: Site is not currently served by CATA, approved for transit purposes as submitted. F. ISSUES/TECHNICAL/DESIGN: Plannina Division: This request is in the Chenal District. The Land Use Plan currently shows Office for this location. There is pending Land Use Plan Amendment on the property to be heard on this agenda. City Recognized Neighborhood Action Plan: The Rock Creek Neighborhood Action Plan recommends promotion of commercial and office development that enhances the primarily residential character of the community. Landscape Issues: A minimum 3 foot wide landscape strip between the public parking areas and building is required. If this property were zoned "C-4" for "outdoor display" no display of vehicles would be allowed within the front 20 feet of the property. This property being wooded, the City Beautiful Commission recommends preserving as many of the existing trees as feasible. Extra credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of 6 inch caliper and larger. G. ANALYSIS: The applicant submitted a revised site plan and preliminary plat to staff on October 27, 1999. The revised plan addresses some of the concerns as raised by staff and the 3 FILE NO.: Z -4470-B (Cont.) Subdivision Committee. An increased buffer has been shown along the west property line, where the service and inventory parking are adjacent to the R-2 zoned church site. The applicant has also noted that existing trees will be saved along the north and east property lines where grading permits. The revised plan also shows building landscaping as required. The revised plan also relocated the driveway from Wellington Village Road further to the north as required by Public Works. The turn lane on Wellington Village Road has also been provided. Public Works has indicated that the street improvements to Chenal Parkway need to be shown. As for the proposed site design, staff is not agreeable to the building having the service entry doors facing the street frontage (Chenal Parkway), as shown on a south elevation sketch submitted by the applicant. Staff is also not comfortable with there being vehicle display within the first 20 feet of the property along both street frontages. Aside from the site design concerns, staff feels that the proposed zoning change in inappropriate. Based on the fact that a major Land Use Plan amendment has been filed for the property, which will not be supported, staff cannot support the proposed PD -C rezoning for an auto dealership. H. STAFF RECOMMENDATIONS: Staff recommends denial of the requested PD -C zoning. SUBDIVISION COMMITTEE COMMENT: (OCTOBER 21, 1999) Frank Riggins was present, representing the application. Staff gave a brief description of the PD -C and revised preliminary plat, noting several items which needed to be shown on a revised plat drawing. The buffer along the west property line was discussed. Mr. Riggins noted that a portion of the church parking lot to the west was on this property. Staff noted that any proposed ground -mounted signage needed to be shown on the plan. Staff also noted that the service entry should be on the west or north side of the building and not the street side. In response to a question from staff, Mr. Riggins stated that areas where existing trees would be saved would be 4 FILE NO.: Z -4470-B (Cont.) noted as a revised plan. Bob Brown, Site Plan Review Specialist, noted that some building landscaping was required. The Public Works requirements were briefly discussed, including the right turn lane requirement for Wellington Village Road. Tad Borkowski, of Public Works, noted that a traffic signal contribution would be required for the Wellington Village Road - Chenal Parkway intersection. After the discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Wes Lowder, Frank Riggins and Rick Parker were present, representing the application. Staff briefly described the proposed project with a recommendation of denial. The Land Use Plan Amendment (Item 6.1) and the proposed PD -C rezoning were discussed simultaneously. Chairman Earnest asked about the Land Use Plan Amendment and the PD -C being on the same agenda. Jim Lawson, Director of Planning and Development, stated that typically a major land use plan amendment and a rezoning are on separate agendas, but in this case the applicant filed both applications on the same agenda. Wes Lowder addressed the Commission in support of the application. He discussed the proposed project and stated that the developer wished to save as many of the trees on the site as possible. He noted that the hours of operation would be from 8:00 a.m. to 7:00 p.m., Monday through Saturday. Jim Hathaway addressed the Commission. He stated that he did not oppose the proposed development, however, he was opposed to the Land Use Plan Amendment and the PD -C being on the same agenda. He discussed this issue. Herrn Northcutt, of the Highland Valley Methodist Church, addressed the Commission and noted that the church supports the application. Rick Parker addressed the Commission in support of the application, and offered additional description of the project. Commissioner Hawn asked the applicant why the Land Use Plan should be changed. 5 FILE NO.: Z -4470-B (Cont.) Mr. Lowder explained that the two applications were filed simultaneously due to timing and financial reasons and explained. There was additional discussion regarding the policy of hearing a major Land Use Plan Amendment and a rezoning on separate agendas. Commissioner Hawn, Downing, Rector, Faust and Jim Lawson (Planning Director) offered comments during this discussion. Mr. Lawson stated that the staff recommended that the applicant file the applications on separate agendas. Jimmy Moses addressed the Commission and supported the two applications being on the same agenda. He noted that the nature of the Chenal Parkway area has changed over the last several years as reasoning for the Land Use Plan change. Commissioner Earnest and Downing offered comments regarding the Land Use Plan Amendment process. Commissioner Rahman recommended that staff look at an expanded area for the Land Use Plan change. Mr. Lawson stated that staff does not favor changing the Land Use Plan for this property only. An expanded Land Use Plan Amendment was discussed. In response to a question from staff, Mr. Lawson stated that it was known at the time of the original land use plan change that there would be two (2) arterial streets at this intersection. Mr. Hathaway discussed changing the Land Use Plan for Lots 1-3 to MOC as a compromise. Commissioner Hawn stated that he was uncomfortable with changing the Land Use Plan proposal at this meeting. There was additional discussion regarding this issue. Mr. Lowder stated that the applicant wished to have a vote on the applications. There was a motion to defer the PD -C rezoning to the December 2, 1999 agenda. The Commission also asked staff to consider changing the Land Use Plan to MOC for all three lots on the west side of Wellington Village Road. The motion passed by a vote of 8 ayes, 0 nays, 1 recused (Lowry), 1 absent, 1 open position. Ci FILE NO.: Z -4470-B (Cont.) PLANNING COMMISSION ACTION: (DECEMBER 2, 1999) Wes Lowder and Rick Parker were present, representing the application. Staff gave a brief description of the proposed PD- C rezoning and site plan with a recommendation of denial, based on the fact that staff felt that the PD -C for an auto dealership did not meet the purpose and intent of the MOC land use plan designation. Wes Lowder addressed the Commission in support of the rezoning. He gave reasons why this proposed rezoning would be appropriate. He noted that there would be no large cuts or fills with this proposed development. He noted that the vehicular display within the first 20 feet of the property on the street sides would be eliminated. He noted that the service entry doors would be relocated to a building side other than the Chenal Parkway side. Commissioner Rector asked if the proposed hours of operation, service door locations and other conditions could be made part of the application and would they be enforceable. Jim Lawson, Director of Planning and Development, noted that they could be made part of the application and that they would be enforceable. Commissioner Nunnley asked the applicant if a deferral would be acceptable to allow time for the applicant to meet with the neighborhood. Mr. Lowder responded that a deferral would not be acceptable. Allen Van Biersly addressed the Commission with concerns about the project. He noted that his main concern was related to traffic and test drives through the Wellington Village neighborhood. He stated that he would be willing to work with the applicant to address the neighborhood concerns. Mr. Lawson stated that prohibiting test drives through the neighborhood could be a condition of approval. There was a brief discussion relating to the enforcement of this condition. Rick Parker addressed the Commission in support of the application. He discussed the proposed operation (Saturn dealership). He stated that the proposed dealership had no auto body shop. He also briefly discussed building design, comparing this proposed building to the design of the Parker Auto Body 7 FILE NO.: Z -4470-B (Cont.) Shop building located near Rainwood Drive. He also noted that the adjacent church supported this application. Mr. Parker noted that this auto dealership would have approximately 25 employees and that the business would generate approximately 70-100 vehicles per day. He stated that he would commit to not test driving vehicles through the Wellington Village neighborhood. Mr. Lawson explained the MOC land use plan designation definition and intent as reasons for the staff's recommendation of denial. The possible impact of this proposed use was briefly discussed. Commissioner Rahman briefly discussed the MOC land use plan designation with respect to this proposed rezoning. He noted that the proposed auto dealership would have an office component. A motion was made to approve the PD -C rezoning subject to the conditions offered by the applicant to include: 1. No vehicular display within the first 20 feet of the property on the street sides. 2. The service entry doors to be located on a side of the building other than the Chenal Parkway side. 3. No test drives through the Wellington Village neighborhood. 4. No body shop 5. Proposed hours of operation: 8:00 a.m. to 7:00 p.m., Monday - Saturday (No Sunday hours). There was a general discussion regarding the conditions of the motion and the MOC land use plan designation. Mr. Lawson stated that the PD -C as proposed with the conditions could be for this particular auto dealership. Stephen Giles, City Attorney, noted that the zoning run with the land, and that the title would not be restricted. He stated that the property could be sold to another business which could operate under the same conditions placed on this applicant. There was additional discussion relating to the City's Land Use Plan and procedures. Commissioner Downing noted that lots 1 and 2 of this subdivision, which the Commission recommended to change to MOC, 8 FILE NO.: Z -4470-B (Cont.) should be used for office. There was brief additional discussion. The Chairman called for a vote on the previous motion. The motion passed with a vote of 9 ayes, 1 nay and 1 recused (Lowry) . E