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HomeMy WebLinkAboutZ-4940-B Staff AnalysisSeptember 30, 1999 ITEM NO.: 12 NAME: LOCATION: OWNER/APPLICANT: FILE NO: Z -4940-B Harper Dollar General Store - Conditional Use Permit 13624 Vimy Ridge Road, at the intersection with County Line Road Harper Development/Randall Maness, Hope Engineers PROPOSAL: To obtain a conditional use permit to construct a commercial store at 13624 Vimy Ridge Road, on property Zoned C-1, Neighborhood Commercial. ORDINANCE' DESIGN STANDARDS: 1. SITE LOCATION: 2. This site is located at the northwest corner of the intersection of Vimy Ridge and County Line Roads. COMPATIBILITY WITH NEIGHBORHOOD: This site is vacant, tree covered, and Zoned C-1, Neighborhood Commercial. To the north and west the zoning is R-2, Single Family Residential, but is owned by the same owner who plans to continue to develop it commercially. Across Vimy Ridge to the east is Zoned C-3, General Commercial, containing a gas station/ convenience store. To the south is Shannon Hills in Saline County. Staff believes this use would be compatible with the surrounding area. The Quail Run Neighborhood Association and Norm Floyd were notified of the Public Hearing. 3. ON SITE DRIVES AND PARKING: This site would have one access driveway on both Vimy Ridge and County Line Roads. The parking requirement would be 29 spaces including 2 handicapped accessible spaces. The site plan shows 42 spaces. September 30, 1999 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO: Z -4940-B 4. SCREENING AND BUFFERS: As long as the adjacent properties to the north and west are zoned residential, land use buffers and screening are required. The land use buffer width required along the northern property line is ten feet. The land use buffer width required along the western property line is 15 feet. Both proposed buffer widths drop below this requirement. Additionally, a six foot high opaque screen, either a wooden fence with its face side directed outward or dense evergreen plantings, is required along the northern and western perimeters. At least sixty percent of the land use buffers must stay in their natural state. The dumpster enclosure height must be increased from six feet to eight feet on three sides. The City Beautiful Commission recommends preserving as many existing trees as feasible. Extra credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six inch caliper or larger. 5. PUBLIC WORKS COMMENTS: 1. Vimy Ridge Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required. 2. County Line is classified as commercial street. Dedicate right-of-way to 30 feet from centerline. 3.A 20 feet radial dedication of right-of-way is required at- the Vimy Ridge and County Line. 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. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 6.Stormwater detention ordinance applies to this property. 7. Easements shown for proposed storm drainage are required. 8. Submit drainage calculation for review. 9. Relocate driveway on Vimy Ridge Road to line-up with driveway across the street. 2 September 30, 1999 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO: Z -4940-B 6. UTILITY AND FIRE DEPT. COMMENTS: Water: No objection. Wastewater: Sewer main extension required with easements to serve property. Southwestern Bell: Need to show existing SWBT easement adjacent to Vimy Ridge Road on the west side. ARKLA: Approved as submitted. Entergy: Approved as submitted. Fire Department: Approved as submitted. LATA: No Comments received. 7. STAFF ANALYSIS: The applicant is requesting a conditional use permit to construct a 8676 square foot, single story, Dollar General Store on this C-11 Neighborhood Commercial, property. It is currently vacant and tree covered. Proposed operating hours would be 7:00 a.m. to 9:00 p.m. Monday through Saturday, and 9:00 a.m. to 7:00 p.m. Sunday. There would be single access drives from both Vimy Ridge and County Line Roads. Parking and all other site requirements, including setbacks, Landscape and Buffers are met on the revised site plan. The applicant has requested a deferral for screening from the residential zoning to the north and west in anticipation of rezoning and developing commercially in those directions. The applicant is strongly encouraged to maintain as much of the existing vegetation as possible. The applicant stated that they would meet C-1 signage requirements. Public Works requirements have been met except for the specific method of dealing with, and paying for, storm water detention. That will be finalized with the building permit process. 3 September 30, 1999 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO: Z -4940-B Staff believes this is a reasonable use of this property and that it should be compatible with the surrounding area. 8. STAFF RECOMMENDATION: Staff recommends approval of the conditional use permit subject to compliance with the following conditions: a. Comply with the City's Landscape and Buffer Ordinances. b. Comply with Public Works Comments. c. All exterior lighting must be directed downward and inward to the property and not towards any residential area. Staff also recommends approval of the variance for driveway spacing for both driveways to be located as shown on the site plan, and approval of the deferral of screening from the adjoining residential zoned areas for up to five years. If future rezoning to commercial is approved the screening requirement for this corner property would go away. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 9, 1999) Kenny Harper, the owner, and Randy Maness from Hope Engineers were present representing the application. Staff gave a brief description of the proposal. Public Works staff briefly reviewed their comments to which the applicant agreed except for the stormwater detention. A discussion ensued and it was decided that the details would be worked out during the building permit process. Screening and buffers were reviewed and a discussion took place regarding deferring screening based on planned future development, which seemed reasonable. The applicant stated they expected the operating hours would be 7 a.m. to 9 p.m. at least 6 days per week, maybe shorter on Sunday. They also stated they expected the signage to be on the building, but they would meet C-1 sign standards. They stated that they had no problems with the other comments. There being no further issues, the Committee accepted the proposal and forwarded the item to the full Commission for final action. 4 September 30, 1999 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO: Z -4940-B PLANNING COMMISSION ACTION: (SEPTEMBER 30, 1999) Randy Maness was present representing the application. There was one registered objector present. Staff presented the item with a recommendation for approval subject to compliance with the conditions listed under "Staff Recommendation." Mr. Maness briefly summarized the request and received no questions. Sandra Newell, the registered objector, spoke in opposition for her and her husband and stated that they did not want the buffer and screening waived between this commercial property and the residential property to the north. She added that she felt that there would be a large negative impact on the elderly couple who own property adjacent to Mr. Harper on the north side if the rest of his property to the north was rezoned commercial. She added that the couple was unable to attend this meeting. That property which is now Zoned R-2 is immediately across Vimy Ridge from the Newell's home and they don't want that rezoning to happen either. She stated that they bought their property many years ago as a rural site and they want it to stay that way. She continued that Mr. Harper acts like the rezoning has already occurred because he has a large sign up stating that commercial sites would soon be available on this property that is still zoned R-2. Commissioners Rahman and Adcock asked for clarification about the buffers and screening as required and proposed, and Staff's recommendation for the screening issue. Staff stated that the required buffers are included in the proposed site plan, the applicant is asking to defer only the screening. Staff felt the deferral was justified because the screening would screen the site currently from densely forested land. If development occurs in the future the applicant would have to install the screening then, unless the zoning changes. Commissioner Hawn commented that in the future there may be different Landscape and Buffer ordinances and that the applicant should have to install future screening under the then current requirements. Commissioner Nunnley asked what the distance was to the adjacent R-2 property to the north and Staff responded about 450 feet. 5 September 30, 1999 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO: Z -4940-B In response to Ms. Newell's question about the appearance that the applicant considered it a forgone conclusion that the rest of his property would be zoned commercial, Commissioner Berry commented that a rezoning request would have to come before the Commission for consideration in a public hearing. A motion was made to approve the application as submitted to include staff comments and recommendations and the deferral for screening up to five years, and with the stipulation that when screening and buffering is installed in the future that it meet the requirements in place at the time the installation is accomplished. The motion passed by a vote of 11 ayes, 0 nays and 0 absent. r