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HomeMy WebLinkAboutZ-5139-C Staff AnalysisSeptember 19, 2002 ITEM NO.: 9 FILE NO.: Z -5139-B NAME: Harvest Foods Revised PCD LOCATION: Cantrell Road at Taylor Loop DEVELOPER: Vogel Enterprises 11219 Financial Centre Parkway Little Rock, AR 72211 AREA: 5.994 Acres NUMBER OF LOTS: 1 CURRENT ZONING: PCD ALLOWED USES: Food Store PROPOSED ZONING: Revised PCD ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 FT. NEW STREET: 0 PROPOSED USE: Selected C-3, General Commercial Uses VARIANCESIWAIVERS REQUESTED: None requested. BACKGROUND: The site contains a single story 47,675 square foot commercial building and 157 parking spaces. The site is an existing developed site, which met the intent of the Highway 10 Design Overlay District some years ago when developed. Ordinance No. 15,718 dated August 1, 1989 rezoned the site from R-2, Single-family to PCD to allow Safeway to open a grocery store on the site. The site operated as a grocery store until Affiliated Foods "down -sized" their operation closing several stores in the central Arkansas area. The site has been vacant since that time. September 19, 2002 SUBDIVISION ITEM NO.: 9 Cont. FILE NO.: 2-5139-B Certain criteria were placed on the development as conditions of approval. Those included: truck deliveries were to be coordinated from 8:00 am to 6:00 pm seven (7) days per week, all trash compacting was to be done inside the store, the dumpster pick- ups were to be made between 7:30 am and 9:30 am Monday through Saturday and the dumpster was to be located in a fenced area, there was to be nothing stored outside of the building and the parking area clean-up was to be conducted during regular business hours. A. PROPOSAL/REQUEST: The applicant proposes to add selected C-3, General Commercial uses to be allowed as alternative uses for this existing site. The uses the applicant has indicated as uses for consideration are Bank or savings and loan office, book and stationary store, church, cigar/tobacco and candy store, clinic, clothing store, custom sewing and millinery, drugstore or pharmacy, duplication shop, eating place without drive-in service, florist shop, food store, furniture store, handicraft/ceramic sculpture or similar artwork, hardware or sporting goods, health studio or spa, hobby shop, jewelry store, lawn and garden center — enclosed, office (general and professional), office/showroom with warehouse (with retail sales), office equipment sales and service, optical shop, paint and wallpaper store, pet shop. The applicant desires that these uses listed as well as any combination of these uses be allowed if one tenant cannot occupy the entire space. B. RXISTING CONDITIONS: The site contains a single -story vacant commercial building. The parking area is in tact with minimum chipping. Ingress and egress to the site are provided in two key locations. The site has access to Highway 10 near the west property line and to Taylor Loop Road via a stub -out extending east to the roadway. Adjacent to the site on a separate lot there is a vacant structure, formerly a framing studio, which is set to be removed and a bank constructed on the site in the near future. Uses adjacent to the site along Taylor Loop include single-family residences, office uses and a beauty shop. Uses along Highway 10 include a mixture of office and commercial uses. Directly across from the site are both occupied and vacant abandoned single- family structures. South of the site is the Westchester Subdivision and west of the site vacant R-2 zoned property which is shown as Transition on the Future Land Use Plan. 2 September 19, 2002 SUBDIVISION ITEM NO.: 9 Cont. FILE NO.: Z -5139-B C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the area residents. The Westchester/Heatherbrae Property Owners Association, the Charleston Heights/Rahling Road Neighborhood Association and the Westbury Neighborhood Association, all property owners within 200 -feet of the site as well as all residents, who could be identified, within 300 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: No comment. E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer available and not adversely affected. AP & L: No comment received. ARKLA: No comment received. Southwestern Bell: No comment received. Water: No objection. Fire Department: Approved as submitted. Countv Planning: No comment received. CATA: The site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. F. I SS U ES/TEC H N I CAUDES I G N: Planning Division: The request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for the site. The applicant has applied for a revision of an existing Planned Commercial Development to add additional commercial uses to the site. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan. The Goals and Objectives listed do not address issues relevant to this case. Landscape: No comment. 3 September 19, 2002 SUBDIVISION 1TEM NO.: .9 Cont. FILE NO.: Z -5139-B Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (August 29, 2002) Mr. Frank Riggins of Mehlburger Engineering was present representing the application. Staff stated the site was a Planned Development approved for a grocery store only. Staff stated the applicant was requesting selected C-3, General Commercial uses as alternative uses for the site. Staff stated there were certain conditions placed on the site when originally approved with regard to site management. Staff stated as a part of their recommendation these conditions would continue to apply. Staff also stated the existing site did not meet the landscaping which was previously approved. The applicant indicated the landscaping would be "brought - up" to compliance with the original approved PCD. There being no further issues to discuss, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant indicated he would comply with the items requested at the Subdivision Committee meeting. The applicant has indicated there will be no additional ground mounted signage. Any additional building signage would comply with Section 36-355 with regard to fagade area and will be low level lighting in intensity. The original PCD was approved with landscaping requirements, which were in place at the time of approval. (This is not the current landscaping requirement and the applicant will not be required to bring the site up to current code.) There was however a large native tree located near Highway 10, which has since died and several plantings which have since died. The applicant will be required to install additional landscaping in areas, which fall below the approved landscaping requirement at the time of approval in 1989. Additionally, as indicated in the Background Section, there were certain criteria put in place with regard to site management. Staff recommends these conditions be placed on this development as well. Should the site be broken into multiple uses additional doors would be required for fire exits. Staff feels the doors should not be any more than required by the fire marshal for safety. The trash pick-up should be made between the hours of 7:30 am and 9:30 am Monday — Saturday and all trash compacting is to be done inside the store. The 0 September 19, 2002 SUBDIVISION ITEM NO.: 9 Cont. FILE NO.: Z -5139-B dumpster is required to be placed in a fenced area by the exiting ordinance. All truck deliveries are to be made between the hours of 8:00 am and 6:00 pm seven (7) days per week. Additionally, the parking area clean up is to be conducted during regular business hours and there is to be nothing stored outside. Staff is supportive of the request as filed. The proposed uses listed in Paragraph A should have no adverse impact on the site. The uses listed are for the most part neighborhood commercial uses with no outside storage allowed. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the selected C-3 uses as listed in Paragraph A as alternative uses for the site subject to compliance with the conditions outlined in Paragraphs D, E, F and H of this report. N7 September 19, 2002 ITEM NO.: 9 NAME: Harvest Foods Revised PCD LOCATION: Cantrell Road at Taylor Loop DEVELOPER: Vogel Enterprises 11219 Financial Centre Parkway Little Rock, AR 72211 AREA: 5.994 Acres NUMBER OF LOTS: 1 CURRENT ZONING: PCD ALLOWED USES: Food Store PROPOSED ZONING: Revised PCD FILE NO.: Z -5139-B ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 FT. NEW STREET: 0 PROPOSED USE: Selected C-3, General Commercial Uses VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: The site contains a single story 47,675 square foot commercial building and 157 parking spaces. The site is an existing developed site, which met the intent of the Highway 10 Design Overlay District some years ago when developed. Ordinance No. 15,718 dated August 1, 1989 rezoned the site from R-2, Single-family to PCD to allow Safeway to open a grocery store on the site. The site operated as a grocery store until Affiliated Foods "down -sized" their operation closing several stores in the central Arkansas area. The site has been vacant since that time. September 19, 2002 SUBDIVISION NO.:9 (Cont. FILE NO.: Z -5139-B Certain criteria were placed on the development as conditions of approval. Those included: truck deliveries were to be coordinated from 8:00 am to 6:00 pm seven (7) days per week, all trash compacting was to be done inside the store, the dumpster pick- ups were to be made between 7:30 am and 9:30 am Monday through Saturday and the dumpster was to be located in a fenced area, there was to be nothing stored outside of the building and the parking area clean-up was to be conducted during regular business hours. A. PROPOSAUREQUEST: The applicant proposes to add selected C-3, General Commercial uses to be allowed as alternative uses for this existing site. The uses the applicant has indicated as uses for consideration are Bank or savings and loan office, book and stationary store, church, cigar/tobacco and candy store, clinic, clothing store, custom sewing and millinery, drugstore or pharmacy, duplication shop, eating place without drive-in service, florist shop, food store, furniture store, handicraft/ceramic sculpture or similar artwork, hardware or sporting goods, health studio or spa, hobby shop, jewelry store, lawn and garden center — enclosed, office (general and professional), office/showroom with warehouse (with retail sales), office equipment sales and service, optical shop, paint and wallpaper store, pet shop. The applicant desires that these uses listed as well as any combination of these uses be allowed if one tenant cannot occupy the entire space. B. EXISTING CONDITIONS: The site contains a single -story vacant commercial building. The parking area is in tact with minimum chipping. Ingress and egress to the site are provided in two key locations. The site has access to Highway 10 near the west property line and to Taylor Loop Road via a stub -out extending east to the roadway. Adjacent to the site on a separate lot there is a vacant structure, formerly a framing studio, which is set to be removed and a bank constructed on the site in the near future. Uses adjacent to the site along Taylor Loop include single-family residences, office uses and a beauty shop. Uses along Highway 10 include a mixture of office and commercial uses. Directly across from the site are both occupied and vacant abandoned single- family structures. South of the site is the Westchester Subdivision and west of the site vacant R-2 zoned property which is shown as Transition on the Future Land Use Plan. 2 September 19, 2002 SUBDIVISION ITEM NO.: 9 Cont. FILE NO.: Z -5139-B C NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the area residents. The Westchester/Heatherbrae Property Owners Association, the Charleston Heights/Rahling Road Neighborhood Association and the Westbury Neighborhood Association, all property owners within 200 -feet of the site as well as all residents, who could be identified, within 300 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available and not adversely affected. AP & L: No comment received. ARKLA: No comment received. Southwestern Bell: No comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No comment received. CATA: The site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. F. ISSU ES/TECHNI CAUDESI GN: Planning Division: The request is located in the River Mountain Planning' District. The Land Use Plan shows Commercial for the site. The applicant has applied for a revision of an existing Planned Commercial Development to add additional commercial uses to the site. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan. The Goals and Objectives listed do not address issues relevant to this case. Landscape: No comment. 3 September 19, 2002 SUBDIVISION ITEM NO.: ,9 Cont. FILE NO.: Z -5139-B Building Codes: No comment received. G. SUBDIVISION COMMITTEE COMMENT: (August 29, 2002) Mr. Frank Riggins of Mehlburger Engineering was present representing the application. Staff stated the site was a Planned Development approved for a grocery store only. Staff stated the applicant was requesting selected C-3, General Commercial uses as alternative uses for the site. Staff stated there were certain conditions placed on the site when originally approved with regard to site management. Staff stated as a part of their recommendation these conditions would continue to apply. Staff also stated the existing site did not meet the landscaping which was previously approved. The applicant indicated the landscaping would be "brought - up" to compliance with the original approved PCD. There being no further issues to discuss, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant indicated he would comply with the items requested at the Subdivision Committee meeting. The applicant has indicated there will be no additional ground mounted signage. Any additional building signage would comply with Section 36-355 with regard to facade area and will be low level lighting in intensity. The original PCD was approved with landscaping requirements, which were in place at the time of approval. (This is not the current landscaping requirement and the applicant will not be required to bring the site up to current code.) There was however a large native tree located near Highway 10, which has since died and several plantings which have since died. The applicant will be required to install additional landscaping in areas, which fall below the approved landscaping requirement at the time of approval in 1989. Additionally, as indicated in the Background Section, there were certain criteria put in place with regard to site management. Staff recommends these conditions be placed on this development as well. Should the site be broken into multiple uses additional doors would be required for fire exits. Staff feels the doors should not be any more than required by the fire marshal for safety. The trash pick-up should be made between the hours of 7:30 am and 9:30 am Monday — Saturday and all trash compacting is to be done inside the store. The 4 September 19, 2002 SUBDIVISION ITEM NO.: 9 (Cont_ FILE NO.: Z -5139-B dumpster is required to be placed in a fenced area by the exiting ordinance. All truck deliveries are to be made between the hours of 8:00 am and 6:00 pm seven (7) days per. week. Additionally, the parking area clean up is to be conducted during regular business hours and there is to be nothing stored outside. Staff is supportive of the request as filed. The proposed uses listed in Paragraph A should have no adverse impact on the site. The uses listed are for the most part neighborhood commercial uses with no outside storage allowed. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the selected C-3 uses as listed in Paragraph A as alternative uses for the site subject to compliance with the conditions outlined in Paragraphs D, E, F and H of this report. PLANNING COMMISSION ACTION. (SEPTEMBER 19, 2002) Mr. Frank Riggins of the Mehlburger Firm was present representing the application. There were no objectors present. Staff presented the item and recommended approval of the proposed request to allow the selected C-3 uses listed in Paragraph A of this report as alternative uses for the site subject to compliance with the Conditions outlined in the "Staff Recommendation" above. There was no further discussion. The item was placed on the Consent Agenda for Approval and approved, as recommended by Staff, by a vote of 11 ayes, 0 noes and 0 absent. 5 ILE NO.: Z -5139-B NAME: Harvest Foods Revised PCD LOCATION: Cantrell Road at Taylor Loop DEVELOPER: Vogel Enterprises 11219 Financial Centre Parkway Little Rock, AR 72211 AREA: 5.994 Acres NUMBER OF LOTS: 1 CURRENT ZONING: PCD ALLOWED USES: Food Store PROPOSED ZONING: Revised PCD ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 FT. NEW STREET: 0 PROPOSED USE: Selected C-3, General Commercial Uses VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: The site contains a single`story 47,675 square foot commercial building and 157 parking spaces. The site is an existing developed site, which met the intent of the Highway 10 Design Overlay District some years ago when developed. Ordinance No. 15,718 dated August 1, 1989 rezoned the site from R-2, Single-family to PCD to allow Safeway to open a grocery store on the site. The site operated as a grocery store until Affiliated Foods "down -sized" their operation closing several stores in the central Arkansas area. The site has been vacant since that time. Certain criteria were placed on the development as conditions of approval. Those included: truck deliveries were to be coordinated from 8:00 am to 6:00 pm seven (7) days per week, all trash compacting was to be done inside the store, the dumpster pick- FILE NO.: Z -5139-B Cont.) ups were to be made between 7:30 am and 9:30 am Monday through Saturday and the dumpster was to be located in a fenced area, there was to be nothing stored outside of the building and the parking area clean-up was to be conducted during regular business hours. A. PROPOSAL/REQUEST: The applicant proposes to add selected C-3, General Commercial uses to be allowed as alternative uses for this existing site. The uses the applicant has indicated as uses for consideration are Bank or savings and loan office, book and stationary store, church, cigar/tobacco and candy store, clinic, clothing store, custom sewing and millinery, -d'rugstore or pharmacy, duplication shop eating, place without drive-in service, , florist shop, food store, furniture store, handicraft/ceramic sculpture or similar artwork, hardware or sporting goods, health studio or spa, hobby shop, jewelry store, lawn and garde center — enclosed, office (general and professional), office/showroom with warehouse (with retail sales), office equipment sales and service, optical shop(, paint and wallpaper store, pet shop. The applicant desires that these uses listed as well as any combination of these uses be allowed if one tenant cannot. occupy the entire space. B. EXISTING CONDITIONS: The site contains a single -story vacant commercial building. The parking area is in tact with minimum chipping. Ingress and egress to the site are provided in two key locations. The site has access to Highway 10 near the west property line and to Taylor Loop Road via a stub -out extending east to the roadway. Adjacent to the site on a separate lot there is a vacant structure, formerly a framing studio, which is set to be removed and a bank constructed on the site in the near future. Uses adjacent to the site along Taylor Loop include single-family residences, office uses and a beauty shop. Uses along Highway 10 include a mixture of office and commercial uses. Directly across from the site are both occupied and vacant abandoned single- family structures. South of the site is the Westchester Subdivision and west of the site vacant R-2 zoned property which is shown as Transition on the Future Land Use Plan. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the area residents. The Westchester/Heatherbrae Property Owners Association, the Charleston Heights/Rahling Road Neighborhood Association and the Westbury Neighborhood Association, all property owners within 200 -feet of the site as well as all residents, who could be identified, within 300 -feet of the site were notified of the Public Hearing. 2 FILE NO.: Z -5139-B (Cont. D. ENGINEERING COMMENTS: E. I G Public Works: No comment. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available and not adversely affected. AP & L: No comment received. ARKLA: No comment received. Southwestern Bell: No comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No comment received. CATH: The site .is not located on a dedicated bus route and has no effect on bus radius, turnout and route: ISSUES/TECHNICAUDESIGN: Planning Division: The request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for the site. The applicant has applied for a revision of an existing Planned Commercial Development to add additional commercial uses to the site. City Recognized Neighborhood Action Pian: The applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan. The Goals and Objectives listed do not address issues relevant to this case. Landscape: No comment. Buildinq Codes: No comment received. SUBDIVISION COMMITTEE COMMENT: (August 29, 2002) Mr. Frank Riggins of Mehlburger Engineering was present representing the application. Staff stated the site was a Planned Development approved for a grocery store only. Staff stated the applicant was requesting selected C-3, General Commercial uses as alternative uses for the site. Staff stated there were certain conditions placed on the site when originally approved with regard 3 FILE NO.: Z -5139-B (Cont. to site management. Staff stated as a part of their recommendation these conditions would continue to apply. Staff also stated the existing site did not meet the landscaping which was previously approved. The applicant indicated the landscaping would be "brought - up" to compliance with the original approved PCD. There being no further issues to discuss, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant indicated he would comply with the items requested at the Subdivision Committee meeting. The applicant has indicated there will be no additional ground mounted signage. Any additional building signage would comply with Section 36-355 with regard to fagade area and will be low level lighting in intensity. The original PCD was approved with landscaping requirements, which were in place at the time of approval. (This is not the current landscaping requirement and the applicant will not be required to bring the site up to current code.) There was however a large native tree located near Highway 10, which has since died and several plantings which have since died. The applicant will be- required to install additional landscaping in areas, which fall below the approved landscaping requirement at the time of approval in 1989. Additionally, as indicated in the Background Section, there were certain criteria put in place with regard to site management. Staff recommends these conditions be placed on this development as well. Should the site be broken into multiple uses additional doors would be required for fire exits. Staff feels the doors should not be any more than required by the fire marshal for safety. The trash pick-up should be made between the hours of 7:30 am and 9:30 am Monday — Saturday and all trash compacting is to be done inside the store. The dumpster is required to be placed in a fenced area by the exiting ordinance. All truck deliveries are to be made between the hours of 8:00 am and 6:00 pm seven (7) days per week. Additionally, the parking area clean up is to be conducted during regular business hours and there is to be nothing stored outside. Staff is supportive of the request as filed. The proposed uses listed in Paragraph A should have no adverse impact on the site. The uses listed are for the most part neighborhood commercial uses with no outside storage allowed. 4 FILE NO.: Z -5139-B (Cont.) STAFF RECOMMENDATION: Staff recommends approval of the request to allow the selected C-3 uses as listed in Paragraph A as alternative uses for the site subject to compliance .with the conditions outlined in Paragraphs D, E, F and H of this report. PLANNING COMMISSION ACTION: (SEPTEMBER 19, 2002) Mr. Frank Riggins of the Mehlburger Firm was present representing the application. There were no objectors present. Staff presented the item and recommended approval of the proposed request to allow the selected C-3 uses listed in Paragraph A of this report as alternative uses for the site subject to compliance with the Conditions outlined in the "Staff Recommendation" above. There was no further discussion. The item was placed on the Consent Agenda for Approval and approved, as recommended by Staff, by a vote of 11 ayes, 0 noes and 0 absent. 5 FILE NO.: Z -5139-B NAME: Harvest Foods Revised PCD LOCATION: Cantrell Road at Taylor Loop DEVELOPER: Vogel Enterprises 11219 Financial Centre Parkway Little Rock, AR 72211 AREA: 5.994 Acres NUMBER OF LOTS: 1 CURRENT ZONING: PCD ALLOWED USES: Food Store PROPOSED ZONING: Revised PCD ENGINEER: The Mehlburger Firm 201 South Izard Street Little Rock, AR 72201 FT. NEW STREET: 0 PROPOSED USE: Selected C-3, General Commercial Uses VARIAN CESIWAIVERS REQUESTED: None requested. BACKGROUND: The site contains a single story 47,675 square foot commercial building and 157 parking spaces. The site is an existing developed site, which met the intent of the Highway 10 Design Overlay District some years ago when developed. Ordinance No. 15,718 dated August 1, 1989 rezoned the site from R-2, Single-family to PCD to allow Safeway to open a grocery store on the site. The site operated as a grocery store until Affiliated Foods "down -sized" their operation closing several stores in the central Arkansas area. The site has been vacant since that time. Certain criteria were placed on the development as conditions of approval. Those included: truck deliveries were to be coordinated from 8:00 am to 6:00 pm seven (7) days per week, all trash compacting was to be done inside the store, the dumpster pick- FILE NO • Z -5139-B (Cont.) ups were to be made between 7:30 am and 9:30 am Monday through Saturday and the d,umpster was to be located in a fenced area, there was to be nothing stored outside of the building and the parking area clean-up was to be conducted during regular business hours. A. PROPOSALIREQUEST: The applicant proposes to add selected C-3, General Commercial uses to be allowed as alternative uses for this existing site. The uses the applicant has indicated as uses for consideration are Bank or savings and loan office, book and stationary store, church, cigar/tobacco and candy store, clinic, clothing store, custom sewing and millinery, dfugstore or pharmacy, duplication shop eating, place without drive-in service, florist shop, food store, furniture store, handicraft/ceramie sculpture or similar artwork, hardware or sporting goods, health studio or spa, hobby shop, jewelry store, lawn and garden! center — enclosed, office (general and professional), office/showroom with warehouse (with retail sales), office equipment sales and service, optical shop', paint and wallpaper store, pet shop. The applicant desires that these uses listed as well as any combination of these uses be allowed if one tenant cannot occupy the entire space. B. EXISTING CONDITIONS: The site contains a single -story vacant commercial building. The parking area is in tact with minimum chipping. Ingress and egress to the site are provided in two key locations. The site has access to Highway 10 near the west property line and to Taylor Loop Road via a stub -out extending east to the roadway. Adjacent to the site on a separate lot there is a vacant structure, formerly a framing studio, which is set to be removed and a bank constructed on the site in the near future. Uses adjacent to the site along Taylor Loop include single-family residences, office uses and a beauty shop. Uses along Highway 10 include a mixture of office and commercial uses. Directly across from the site are both occupied and vacant abandoned single- family structures. South of the site is the Westchester Subdivision and west of the site vacant R-2 zoned property which is shown as Transition on the Future Land Use Plan. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from the area residents. The Westchester/Heatherbrae Property Owners Association, the Charleston Heights/Rahling Road Neighborhood Association and the Westbury Neighborhood Association, all property owners within 200 -feet of the site as well as all residents, who could be identified, within 300 -feet of the site were notified of the Public Hearing. 2 FILE NO.: Z -5139-B D. ENGINEERING COMMENTS: E. F. 9 Public Works: No comment. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available and not adversely affected. AP & L: No comment received. ARKLA: No comment received. Southwestern Bell: No comment received. Water: No objection. Fire Department: Approved as submitted. County Planning: No comment received. CATA: The site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. ISSUES/TECHNICAL/DESIGN: Planning Division: The request is located in the River Mountain Planning District. The Land Use Plan shows Commercial for the site. The applicant has applied for a revision of an existing Planned Commercial Development to add additional commercial uses to the site. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan. The Goals and Objectives listed do not address issues relevant to this case. Landscape: No comment. Building Codes: No comment received. SUBDIVISION COMMITTEE COMMENT: (August 29, 2002) Mr. Frank Riggins of Mehlburger Engineering was present representing the application. Staff stated the site was a Planned Development approved for a grocery store only. Staff stated the applicant was requesting selected C-3, General Commercial uses as alternative uses for the site. Staff stated there were certain conditions placed on the site when originally approved with regard 3 FILE NO.: Z -5139-B (Cont. to site management. Staff stated as a part of their recommendation these conditions would continue to apply. Staff also stated the existing site did not meet the landscaping which was previously approved. The applicant indicated the landscaping would be "brought - up" to compliance with the original approved PCD. There being no further issues to discuss, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant indicated he would comply with the items requested at the Subdivision Committee meeting. The applicant has indicated there will be no additional ground mounted signage. Any additional building signage would comply with Section 36-355 with regard to fagade area and will be low level lighting in intensity. The original PCD was approved with landscaping requirements, which were in place at the time of approval. (This is not the current landscaping requirement and the applicant will not be required to bring the site up to current code.) There was however a large native tree located near Highway 10, which has since died and several plantings which have since died. The applicant will be- required to install additional landscaping in areas, which fall below the approved landscaping requirement at the time of approval in 1989. Additionally, as indicated in the Background Section, there were certain criteria put in place with regard to site management. Staff recommends these conditions be placed on this development as well. Should the site be broken into multiple uses additional doors would be required for fire exits. Staff feels the doors should not be any more than required by the fire marshal for safety. The trash pick-up should be made between the hours of 7:30 am and 9:30 am Monday — Saturday and all trash compacting is to be done inside the store. The dumpster is required to be placed in a fenced area by the exiting ordinance. All truck deliveries are to be made between the hours of 8:00 am and 6:00 pm seven (7) days per week. Additionally, the parking area clean up is to be conducted during regular business hours and there is to be nothing stored outside. Staff is supportive of the request as filed. The proposed uses listed in Paragraph A should have no adverse impact on the site. The uses listed are for the most part neighborhood commercial uses with no outside storage allowed. 4 FILE NO.: Z -5139-B (Cont.) STAFF RECOMMENDATION: Staff recommends approval of the request to allow the selected C-3 uses as listed in Paragraph A as alternative uses for the site subject to compliance with the conditions outlined in Paragraphs D, E, F and H of this report. PLANNING COMMISSION ACTION: (SEPTEMBER 19, 2002) Mr. Frank Riggins of the Mehlburger Firm was present representing the application. There were no objectors present. Staff presented the item and recommended approval of the proposed request to allow the selected C-3 uses listed in Paragraph A of this report as alternative uses for the site subject to compliance with the Conditions outlined in the "Staff Recommendation" above. There was no further discussion. The item was placed on the Consent Agenda for Approval and approved, as recommended by Staff, by a vote of 11 ayes, 0 noes and 0 absent. 5