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HomeMy WebLinkAboutZ-6933-B Staff AnalysisFILE NO.: Z -6933-B NAME: Crackerbox — Conditional Use Permit LOCATION: 14100 Kanis Road OWNER/APPLICANT: Crackerbox, LLC/Terry Burruss, Architect PROPOSAL: A conditional use permit is requested to allow for construction of a convenience store with gas pumps on this C-1 zoned site. 2 SITE LOCATION: The property is located at the northwest corner of Kanis Road and Kirby Road; just outside the city limits but within the City's extraterritorial jurisdiction. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at the edge of the city limits, in an area that contains existing, older development and planned new development. An undeveloped PDR zoned tract is directly north of the site. Single family neighborhoods are located to the north. With these neighborhoods are other uses such as churches and a fire station. The C-1 zoned properties to the east and west appear to contain no active use. The northern extension of the Woodlands Edge Subdivision is proposed to intersect Kanis Road, southeast of this site. That overall development does have an area set aside for commercial and office development. A new development east of the site is currently under review. That development does contain a limited list of commercial uses. Under a recent review of this site for a convenience store, staff expressed concern about allowing an intensive commercial, C-3 or C-4 type use at this entry point into the extended residential neighborhoods to the north. Staff's current concerns remain the same. Staff does not believe the proposed use is appropriate for this site. The property should be developed for a "neighborhood commercial" C-1 use. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Parkway Place and Woodlands Edge Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: The plan proposes two driveways; one off of Kirby Road and one off of Kanis. Twenty-one (21) parking spaces are proposed. Additional parking will be located at the fuel pump islands. The building is proposed to FILE NO.: Z -6933-B (Cont.) contain a 4,000 square foot convenience store and a 1,000 square office use; requiring a total of 15 on-site parking spaces. 4. SCREENING AND BUFFERS: Property to the north is zoned residential, therefore, the zoning ordinance requires average sixteen (16) foot wide land use buffer along this northern perimeter. Easements cannot count toward fulfilling this requirement. Property to the west is zoned residential, therefore, the zoning ordinance requires average seventeen (17) foot wide land use buffer along this perimeter. Easements cannot count toward fulfilling this requirement. The zoning street buffer ordinance requires an average sixteen (16) foot wide street buffer along Kanis Road. The zoning buffer ordinance requires an average seventeen (17) foot wide street buffer along Kirby Road. The landscape ordinance requires a minimum of eight (8) percent of the paved areas be landscaped with interior islands of at least 7'/z feet in width and 150 square feet in area. Show areas required to reflect this minimum. A small amount of building landscaping is required to be located between the parking lot and the building. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. An automatic irrigation system to water landscaped areas will be required. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 5. PUBLIC WORKS COMMENTS: Kirby Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2 FILE NO.: Z -6933-B (Cont. 2. A 20 foot radial dedication of right-of-way or of sufficient width for intersection improvements is required at the intersection of Kirby Road and Kanis Road. 3. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to Kanis Road consisting of 33 feet of street measured from the centerline to the back of curb and 5 -foot sidewalks with planned development. Construct one-half street improvements to Kirby Road consisting of 18 feet of street measured from the centerline to the back of curb and 5 -foot sidewalks with planned development. Dual left turn lanes on Kanis for westbound left turns are required per MSP with 250 feet stack distance and taper lengths per AASHTO standards. Provide overall intersection design. Include calculations showing design will meet design traffic capacities. Determine whether signalization is required for acceptable operation. A westbound right turn lane is required per MSP with 250 feet stack distance and a 150 ft taper. Contact Bill Henry, Traffic Engineering at 379-1816 for additional information. 5. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Kanis Road with Kirby Road. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 9. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. Street lights are required by Section 31-403 of the Little Rock Code. Provide plans for approval to Traffic Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 11. The applicant should work with adjacent property owners including those across Kanis Road to construct his portion of improvements to the intersection of Kirby, Kanis, proposed Woodlands Trail, and FILE NO.: Z -6933-B (Cont. Cooper Orbit to meet AASHTO design standards. The new intersection design may require the realignment of Kirby Road and Cooper Orbit Road, dedication of addition right-of-way, and intersection improvements. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water if larger and/or additional meters are required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges for additional and/or larger meter(s). Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: Approved as submitted. CATA: The site is not located on a CATA bus route. Planning Division: No Comments. :1l FILE NO.: Z -6933-B (Cont. The plan complies with buffer ordinance requirements. Landscaping and dense evergreen plantings will be placed along the north and west perimeters at 1.5 times the Ordinance requirement. The plan has been revised to show required interior landscaping. There is no bill of assurance for this acreage tract. The site is located outside of the city limits and does not currently have sewer service. The applicant has stated the property will be annexed to the city prior to construction. While the applicant has done a good job of addressing site plan issues, staff still has concerns about the use. A similar plan for a convenience store with gas pumps and a carwash was denied by the Commission at its April 26, 2007 meeting. That denial was upheld by the Board of Directors on August 6, 2007. Although this proposal has dropped the car wash and added an office use, staffs concerns about the convenience store remain. This property is located at the entrance to what is primarily a single family residential neighborhood. It is zoned C-1 which allows for commercial uses typically designed to accommodate limited retail development within or adjacent to neighborhood areas for the purpose of supplying daily household needs of the residents for food, drugs and personal services. Commercial uses in the C-1 district should not depend on market areas larger than the neighborhood served. Staff does not believe a convenience store meets this criteria and does not believe this is an appropriate location for such a use. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (OCTOBER 11, 2007) The applicant was present. There were three (3) registered objectors present. Staff had received numerous telephone calls in opposition. As there were only seven (7) Commissioners present, the applicant was offered the opportunity to defer to a later date. The applicant stated he wished to defer. A motion was made to defer the application to the December 6, 2007 meeting. The motion was approved by a vote of 5 ayes, 2 noes, 3 absent and 1 open position. PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) The applicants were present. There were several objectors present. Staff presented the item and a recommendation of denial. Applicant Terry Burruss addressed the Commission. He stated they had prepared a good site plan and 35% of the site was going to green area/landscaping. Mr. Burruss stated it came down to a use issue. He listed several C-1 uses that he felt would generate more traffic and be more intense N FILE NO.: Z -6933-B (Cont. than a convenience store. He stated the store would provide services to the neighborhood residents. Attorney Skip Davidson, representing the applicant, spoke in support. He noted the change from the prior applications for a convenience store at this site. He commented that the proposed site plan did comply with all development codes. Mr. Davidson presented the results of a survey conducted by the applicant, showing the majority of respondents within a one mile radius of the site were in support of having a convenience store at this site. He made note of other properties in the area that could be developed as a convenience store. Mr. Davidson stated the site was not at the entrance to a neighborhood. Ross Phillips of 34 Vista Drive, spoke in support of the application. He stated the Spring Valley Manor POA took a neutral stance on the issue but most members were in support of the store. He stated the proposed improvements to the street intersection would benefit the residents of his neighborhood. Tim Kenny, President of the Parkway Place Neighborhood Association, spoke in opposition. He read letters of opposition from Laurie Payne and Eddie Schmekenbecker, President of the Parkway Place Swim and Racquetball Club (staff did not receive the letters). Mr. Kenny voiced concern about the substandard condition of Kirby Road and the traffic that would be generated by the store. Cliff McKinney, of 709 Kirby Road, spoke in opposition. He took issue with Mr. Davidson's description of the area and the survey conducted by the applicant. He stated the store was not a good fit for the neighborhood and did not fit the Kanis Road Plan. Mr. McKinney voiced concern about dangerous traffic conditions and said it would be arbitrary to approve the application in light of the Board of Directors' denial of a similar application. Lenice Garrison, of 28 Willow Oak Court, spoke in opposition. She presented a power point of photographs of the area. She also spoke of the substandard condition of the abutting streets and of concerns about traffic. Ms. Garrison stated the site was the only rear entrance to the neighborhood. Mr. McKinney interjected that the Neighborhood Association voted to oppose the application. Ruth Bell, of the League of Women Voters, spoke in opposition. She stated there were more appropriate properties in the general area for development as a convenience store. She stated this site should be developed as an allowable C-1 use. Mr. Davidson responded that the proposed development would improve the street and help to address traffic concerns. He stated the store would provide services to the area residents. He urged the Commission to look at the objective criteria outlined in the Ordinance for reviewing conditional use permits. 7 FILE NO.: Z -6933-B (Cont.) Mr. Davidson reiterated his statement that there were more persons in the area in support of the store than opposed. There was then a general discussion of the zoning pattern in the area. In response to a question from Commissioner Adcock, Mike Hood of Public Works stated the traffic volume at the intersection did not currently warrant a traffic signal. He surmised that one would be needed at some point in the future. In response to additional questions, Mr. Hood discussed the planned improvements to the Kanis/Kirby/Cooper Orbit intersection. He stated the proposed development would help the traffic problem by improving the Kanis/Kirby intersection. In response to a question from Commissioner Laha, Mr. McKinney stated the neighborhood would not have the same objections to a convenience store if it were on the south side of Kanis. Commissioner Nunnley stated traffic to the store coming down Kirby would be neighborhood residents and those same persons would drive down Kirby if the store were located on the south side of Kanis. A motion was made to approve the application, subject to all staff comments and conditions except the recommendation of denial. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. FILE NO.: Z -6933-B SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, fencing, building design and height and hours of dumpster service. Staff asked if there would be any outside speakers or music. The applicant was asked to indicate on the site plan where fuel trucks would be parking. Public Works, Utility and Landscaping Comments were noted and discussed. It was noted that the applicant had proposed landscaping/screening along the north and west perimeters at 1.5 times the ordinance standard. Staff noted the site was not inside the city limits and sewer service was not available. The applicant responded that the property would be annexed prior to construction. The applicant was advised to respond to staff issues by September 26, 2007. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of a convenience store with gas pumps on this vacant, 1.7± acre tract. The development is proposed to contain a one-story, 5,355 square foot building, a detached gas island canopy and associated parking. The building will be divided between two uses; a 4,080 square foot convenience store and a 1,275 square foot office use. The building is proposed to have an exterior finish of split face block, brick and stucco. The structure will have a flat roof, hidden by parapet walls. The operating hours for the convenience store are proposed as 5:00 a.m. to 11:00 p.m., Sunday through Thursday and 5:00 a.m. to midnight, Friday and Saturday. The office use hours are proposed as 7:00 a.m. to 6:00 p.m., Monday through Friday. Site and building lighting is proposed to follow "dark sky" requirements. Signage is proposed to consist of wall signage on the building facade, signage on three sides of the gas canopy and a 12 -foot tall, 168 square foot, monument style ground -mounted sign. No pricing signage will be placed on the canopy. The ground sign will have an automatic reader display. The building height is proposed as 17'4" with the front fagade parapet wall extending to a height totaling 20'6". The gas canopy is proposed as 18' with 15' of clearance. No fencing is proposed on the site. There will be no outside speakers or music. The dumpster is located on the south side of the building with pick-up hours to occur after 6:00 a.m. 5 December 6, 2007 FILE NO.: Z -6933-B NAME: Crackerbox — Conditional Use Permit LOCATION: 14100 Kanis Road OW NER/APPLICANT: Crackerbox, LLC/Terry Burruss, Architect PROPOSAL: A conditional use permit is requested to allow for construction of a convenience store with gas pumps on this C-1 zoned site. 1. SITE LOCATION: The property is located at the northwest corner of Kanis Road and Kirby Road; just outside the city limits but within the City's extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located at the edge of the city limits, in an area that contains existing, older development and planned new development. An undeveloped PDR zoned tract is directly north of the site. Single family neighborhoods are located to the north. With these neighborhoods are other uses such as churches and a fire station. The C-1 zoned properties to the east and west appear to contain no active use. The northern extension of the Woodlands Edge Subdivision is proposed to intersect Kanis Road, southeast of this site. That overall development does have an area set aside for commercial and office development. A new development east of the site is currently under review. That development does contain a limited list of commercial uses. Under a recent review of this site for a convenience store, staff expressed concern about allowing an intensive commercial, C-3 or C-4 type use at this entry point into the extended residential neighborhoods to the north. Staff's current concerns remain the same. Staff does not believe the proposed use is appropriate for this site. The property should be developed for a "neighborhood commercial" C-1 use. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Parkway Place and Woodlands Edge Neighborhood Associations were notified of this request. December 6, 2007 ITEM NO.: C (Cont.) FILE NO.: Z -6933-B 3 ON SITE DRIVES AND PARKING: The plan proposes two driveways; one off of Kirby Road and one off of Kanis. Twenty-one (21) parking spaces are proposed. Additional parking will be located at the fuel pump islands. The building is proposed to contain a 4,000 square foot convenience store and a 1,000 square office use; requiring a total of 15 on-site parking spaces. 4. SCREENING AND BUFFERS: Property to the north is zoned residential, therefore, the zoning ordinance requires average sixteen (16) foot wide land use buffer along this northern perimeter. Easements cannot count toward fulfilling this requirement. Property to the west is zoned residential, therefore, the zoning ordinance requires average seventeen (17) foot wide land use buffer along this perimeter. Easements. cannot count toward fulfilling this requirement. The zoning street buffer ordinance requires an average sixteen (16) foot wide street buffer. along Kanis Road. The zoning buffer ordinance requires an -average seventeen (17) foot wide street buffer along Kirby Road. The landscape ordinance requires a minimum of eight (8) percent of the paved areas be landscaped with interior islands of at least 7'/2 feet in width and 150 square feet in area. Show areas required to reflect this minimum. A small amount of building landscaping is required to be located between the parking lot and the building. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward,.:a wall, or dense evergreen plantings, is required along the northern and western perimeters of the site. Credit towards fulfilling this requirement -can be given for existing trees and undergrowth that satisfies this year -around requirement. An automatic irrigation system to water landscaped areas will be required. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. 2 December 6, 2007 ITEM NO.: C (Cont. 5. PUBLIC WORKS COMMENTS: FILE NO.: Z -6933-B 1. Kirby Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way or of sufficient width for intersection improvements is required at the intersection of Kirby Road and Kanis Road. 3. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 4. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to Kanis Road consisting of 33 feet of street measured from the centerline to the back of curb and 5 -foot sidewalks with planned development. Construct one-half street improvements to Kirby Road consisting of 18 feet of street measured from the centerline to the back of curb and 5 -foot sidewalks with planned development. Dual left turn lanes on Kanis for westbound left turns are required per MSP with 250 feet stack distance and taper lengths per AASHTO standards. Provide overall intersection design. Include calculations showing design will meet design traffic capacities. Determine whether signalization is required for acceptable operation. A westbound right turn lane is required per MSP with 250 feet stack distance and a 150 ft taper. Contact Bill Henry, Traffic Engineering at 379-1816 for additional information. 5. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Kanis Road with Kirby Road. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade: permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 7. If disturbed area is one or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 8. Storm water detention ordinance applies to this property. Show the proposed location for storm water detention facilities on the plan. 9. Street improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 3 December 6, 2007 ITEM NO.: C Cont.) FILE NO.: Z -6933-B 10. Street lights are required by Section 31-403 of the Little Rock Code. Provide plans for approval to Traffic Engineering. Street lights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Steve Philpott) for more information. 11. The applicant should work with adjacent property owners including those across Kanis Road to construct his portion of improvements to the intersection of Kirby, Kanis, proposed Woodlands Trail, and Cooper Orbit to meet AASHTO design standards. The new intersection design may require the realignment of Kirby Road and Cooper Orbit Road, dedication of addition right-of-way, and intersection improvements. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Property is outside of current service boundary. No comment. Entergy: No comment received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water if larger and/or additional meters are required. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges for additional and/or larger meter(s). Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. 0 December 6, 2007 ITEM NO.: C (Cont.) FILE NO.: Z -6933-B County Planning: Approved as submitted. CATA: The site is not located on a CATA bus route. Piannina Division: No Comments. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 20, 2007) The applicant was present. Staff presented the item and noted additional information was needed regarding signage, fencing, building design and height and hours of dumpster service. Staff asked if there would be any outside speakers or music. The applicant was asked to indicate on the site plan where fuel trucks would be parking. Public Works, Utility and Landscaping Comments were noted and discussed. It was noted that the applicant had proposed landscaping/screening along the north and west perimeters at 1.5 times the ordinance standard. Staff noted the site was not inside the city limits and sewer service was not available. The applicant responded that the property would be annexed prior to construction. The applicant,was advised to respond to staff issues by September 26, 2007. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow for construction of a convenience store with gas pumps on this vacant, 1.7± acre tract. The development is proposed to contain a one-story, 5,355 square foot building, a detached gas island canopy and associated parking. The building will be divided between two uses; a 4,080. square foot convenience store and a 1,275 square foot office use. The building is proposed to have an exterior finish of split face block, brick and stucco. The structure will have a flat roof, hidden by parapet walls. The operating hours for the convenience store are proposed as 5:00 a.m. to 11:00 p.m., Sunday through Thursday and 5:00 a.m. to midnight, Friday and Saturday. The office use hours are proposed as 7:00 a.m. to 6:00 p.m., Monday through Friday. Site and building lighting is proposed to follow "dark sky" requirements. Signage is proposed to consist of wall signage on the building facade, signage on three sides of the gas canopy and a 12 -foot tall, 168 square foot, monument style ground -mounted sign. No pricing signage will be placed on the canopy. The ground sign will have an automatic reader display. 5 December 6, 2007 ITEM NO.: C (Cont. FILE NO.: Z -6933-B The building height is proposed as 17'4" with the front facade parapet wall extending to a height totaling 20'6". The gas canopy is proposed as 18' with 15' of clearance. No fencing is proposed on the site. There will be no outside speakers or music. The dumpster is located on the south side of the building with pick-up hours to occur after 6:00 a.m. The plan complies with buffer ordinance requirements. Landscaping and dense evergreen plantings will be placed along the north and west perimeters at 1.5 times the Ordinance requirement. The plan has been revised to show required interior landscaping. There is no bill of assurance for this acreage tract. The site is located outside of the city limits and does not currently have sewer service. The applicant has stated the property will be annexed to the city prior to construction. While the applicant has done a good job of addressing site plan issues, staff still has concerns about the use. A similar plan for a convenience store with gas pumps and a carwash was denied_ by the Commission at its April 26, 2007 meeting. That denial was upheld by the Board of Directors on August 6, 2007. Although this proposal has dropped the car wash and added an office use, staff's concerns about the convenience store remain. This property is located at the entrance to what is primarily a single family residential neighborhood. It is zoned C-1 which allows for commercial, uses typically designed to accommodate limited retail development within or adjacent to neighborhood areas for the purpose of supplying daily household needs of the residents for food, drugs and personal services. Commercial uses in the -C-11 district should not depend on market areas larger than the neighborhood served. Staff does not believe a convenience store meets this criteria and does not believe this is an appropriate location for such a use. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (OCTOBER 11, 2007) The applicant was present. There were three (3) registered objectors present. Staff had received numerous telephone calls in opposition. As there were only seven (7) Commissioners present, the applicant was offered the opportunity to defer to a later date. The applicant stated he wished to defer. A motion was made to defer the application to the December 6, 2007 meeting. The motion was approved by a vote of 5 ayes, 2 noes, 3 absent and 1 open position. Ce December 6, 2007 ITEM NO.: C FILE NO.: Z -6933-B PLANNING COMMISSION ACTION: (DECEMBER 6, 2007) The applicants were present. There were several objectors present. Staff presented the item and a recommendation of denial. Applicant Terry Burruss addressed the Commission. He stated they had prepared a good site plan and 35% of the site was going to green area/landscaping. Mr. Burruss stated it came down to a use issue. He listed several C-1 uses that he felt would generate more traffic and be more intense than a convenience store. He stated the store would provide services to the neighborhood residents. Attorney Skip Davidson, representing the applicant, spoke in support. He noted the change from the prior applications for a convenience store at this site. He commented that the proposed site plan did comply with all development codes. Mr. Davidson presented the results of a survey conducted by the applicant, showing the majority of respondents within a one mile radius of the site were in support of having a convenience store at this site. He made note of other properties in the area that could be developed as a convenience store. Mr. Davidson stated the site was not at the entrance to a neighborhood. Ross Phillips of 34 Vista Drive, spoke in support of the application. He stated the Spring Valley Manor POA took a neutral stance on the issue but most members were in support of the store. He stated the proposed improvements to the street intersection would benefit the residents of his neighborhood. Tim Kenny, President of the Parkway Place Neighborhood Association, spoke in opposition. He read letters of opposition from Laurie Payne and Eddie Schmekenbecker, President of the Parkway Place Swim and Racquetball Club (staff did not receive the letters). Mr. Kenny voiced concern about the substandard condition of Kirby Road and the traffic that would be generated by the store. Cliff McKinney, of 709 Kirby Road, spoke in opposition. He took issue with Mr. Davidson's description of the area and the survey conducted by the applicant. He stated the store was not a good fit for the neighborhood and did not fit the Kanis Road Plan. Mr. McKinney voiced concern about dangerous traffic conditions and said it would be arbitrary to approve the application in light of the Board of Directors' denial of a similar application. Lenice Garrison, of 28 Willow Oak Court, spoke in opposition. She presented a power point of photographs of the area. She also spoke of the substandard condition of the abutting streets and of concerns about traffic. Ms. Garrison stated the site was the only rear entrance to the neighborhood. 7 December 6, 2007 ITEM NO.: C (Cont. FILE NO.: Z -6933-B Mr. McKinney interjected that the Neighborhood Association voted to oppose the application. Ruth Bell, of the League of Women Voters, spoke in opposition. She stated there were more appropriate properties in the general area for development as a convenience store. She stated this site should be developed as an allowable C-1 use. Mr. Davidson responded that the proposed development would improve the street and help to address traffic concerns. He stated the store would provide services to the area residents. He urged the Commission to look at the objective criteria outlined in the Ordinance for reviewing conditional use permits. Mr. Davidson reiterated his statement that there were more persons in the area in support of the store than opposed. There was then a general discussion of the zoning pattern in the area. In response to a question from Commissioner Adcock, Mike Hood of Public Works stated the traffic volume at the intersection did not currently warrant a traffic signal. He surmised that one would be needed at some point in the future. In response to additional questions, Mr. Hood discussed the planned improvements to the Kanis/Kirby/Cooper Orbit intersection. He stated the proposed development would help the traffic problem by improving the Kanis/Kirby intersection. In response to a question from Commissioner Laha, Mr. McKinney stated the neighborhood would not have the same objections to a convenience store if it were on the south side of Kanis. Commissioner Nunnley stated traffic to the store coming down Kirby would be neighborhood residents and those same persons would drive down Kirby if the store were located on the south side of Kanis. A motion was made to approve the application, subject to all staff comments and conditions except the recommendation of denial. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. 9