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HomeMy WebLinkAboutZ-8890-B Staff AnalysisFILE NO.: Z-3875-A NAME: Green - Short -Form PCD LOCATION: 12825 Interstate 30 DEVELOPER: Alvin Green 9910 Chicot Road Little Rock, AR AREA: 3.77 acres SURVEYOR: Donald W. Brooks 20820 Arch Street 72209 Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3/R-2 ALLOWED USES: Commercial PROPOSED USE: Boat sales and display; C-3 permitted uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 12825 I-30 from C-3/R-2 to PCD in order to allow boat sales and display as a permitted use, which the property's current zoning does not allow. The boat sales and display business is currently being operated at this site, within a portion of the existing commercial building. The applicant has also recently constructed a 40 foot by 70 foot building (for boat storage) at the east end of the existing building. A gravel area for the display of boats has been shown on the proposed site plan. There is currently a church which occupies the west one-half of the existing building. B. EXISTING CONDITIONS: The site contains an existing commercial building and asphalt parking between the building and I-30. There is a second building (east end of the existing building) which has recently been constructed. FILE NO.: Z-3875-A (Cont. There is a mixture of commercial uses along I-30 to the east and west and across I-30 to the north. There is a creek within the southern portion of the property, with the Optimist Club Park (race track) and a truck service business further south. C. NEIGHBORHOOD COMMENTS: The Alexander Road and SWLR UP Neighborhood Associations were notified of the public hearing. As of this writing, staff has received no comment from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: All properties are located in floodway. City does not allow any structures in floodway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment. ARKLA: No Comment received. Southwestern Bell: No Comment. Water: No objection. A water main extension installed at the expense of the developer will be required to provide water service to this property. Fire Department: No Comment. County Planning: No Comment received. CATA: Site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Commercial and Industrial. The applicant has applied for a Planned Commercial Development for a boat sales dealership. The property is currently zoned C-3 General Commercial. A land use plan amendment is not required. 2 FILE NO.: Z-3875-A (Cont. City Recognized Neighborhood Action Plan: The Chicot West/I-30 South Neighborhood Action Plan contains the economic development goal of providing a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities. The Chicot West/I-30 South Neighborhood Action Plan also states the recommendation of concentrating "...development efforts in the more urbanized northern portion of the study area..." This property is located on the northern boundary of the study area. Landscape Issues: The proposed parking area encroaches into the 30 foot wide street buffer required when abutting an expressway unless located within a "mature area" designation. G. SUBDIVISION COMMITTEE REVIEW: Alvin Green and Bill Wiedower were present, representing the application. Staff briefly described the proposed PCD. Staff noted that this property is in the floodway, and that no new structures could be constructed in the floodway. This issue was briefly discussed. Staff suggested that the application be deferred until the floodway issue could be resolved. The applicant noted that a deferral would be requested. After the discussion, the Committee forwarded the application to the full Commission for resolution. H. ANALYSIS: As noted in the Public Works Comments (paragraph D) and in the Subdivision Committee Comments (paragraph G), the property at 12825 I-30 is located in the floodway and the City does not allow any new construction in the floodway. Staff and the Subdivision Committee feel that this application should be deferred to allow the applicant time to resolve the floodway issue. 3 FILE NO.: Z-3875-A (Cont.) The applicant submitted a letter to staff on October 11, 2000 requesting that this application be deferred to the December 7, 2000 agenda. The applicant notes that an engineering firm has been hired to do a preliminary study to determine if any improvements made downstream have altered the floodway. If not, the applicant will then determine if he wants the engineering firm to perform the necessary work to obtain a revision of the flood maps. Staff supports the deferral as requested. I. STAFF RECOMMENDATIONS: Staff recommends that this application be deferred to the December 7, 2000 agenda. PLANNING COMMISSION ACTION: (OCTOBER 26, 2000) Staff informed the Commission that the applicant submitted a letter on October 11, 2000 requesting that this application be deferred to the December 7, 2000 agenda. Staff supported the deferral request. The Chairperson placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 7, 2000 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. STAFF UPDATE: The applicant submitted a letter to staff on November 16, 2000 requesting that this application be deferred to the January 25, 2000 meeting. The applicant has retained an engineering firm to determine if recent improvements downstream have altered the floodway, which might warrant changes to the FEMA flood maps. PLANNING COMMISSION ACTION: (DECEMBER 7, 2000) Staff informed the Commission that the applicant submitted a letter on November 16, 2000 requesting that this application be deferred to the January 25, 2001 agenda. Staff supported the deferral request. The Chairperson placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 25, 2001 agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. 4 FILE NO.: Z-3875-A (Cont. PLANNING COMMISSION ACTION: (JANUARY 25, 2001) Staff informed the Commission that the applicant's engineering firm had done an analysis of the floodway issues involving this property, and that Public Works needed additional information/calculations. Staff noted that the Public Works Department requested that this application be deferred to the April 19, 2001 agenda to allow time for additional floodway analysis. Staff also noted that the applicant agreed to the deferral. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 19, 2001 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. STAFF UPDATE: Public Works received from the applicant the required analytical proof that the new structure, built in the floodway, does not adversely impact flood levels. The new building is in "the shadow," hydraulically speaking, of older buildings on the site. Because of this fortunate situation, any potential construction, such as dredging to restore any lost carrying capacity, does not come into play and is not required. Public Works does, however, require that the applicant provide an affidavit that the owner will not ever claim any flood damages on the new structure or its contents. The affidavit must be in legal form and be attached to the deed on file at the county courthouse. It shall transfer with the deed. The structure's bottom floor is more than 2 feet below the regulatory Base Flood Elevation. Flood insurance premiums will not be required for the structure. Public Works supports PCD application subject to the above conditions. The property at 12825 I-30 contains an existing commercial building and asphalt parking area within the C-3 zoned portion of the property. There is currently a church located within the west portion of the building and a boat sales business in the east portion of the building. The applicant is requesting that the property be rezoned to PCD to allow boat sales and display as a permitted use. The applicant recently constructed a 2,800 square foot storage building at the east end of the existing 5 FILE NO.: Z-3875-A (Cont.) commercial building to serve the boat sales business. There is a fenced area within the east one-half of the property which is used for the display of boats. Given the property's location along I-30, with C-4 zoned property to the east, I-2 zoned property to the west and a racetruck on the R-2 zoned property to the south, staff has no problem with the sale and display of boats on this property. With resolution of the floodway issue, staff feels that the recently constructed building and the proposed boat sales/display business should have no adverse impact on the general area. STAFF RECOMMENDATION: Staff recommends approval of the PCD rezoning subject to the following conditions: 1. Compliance with the Public Works conditions as noted in the "Staff Update". 2. Compliance with the requirements as noted in paragraph E. of this report. 3. Staff recommends boat sales/display and C-3 permitted uses as a use mix for the property. 4. The area devoted to the display of boats will be limited to the existing fenced area as shown on the proposed site plan. 5. Any dumpster area must be screened on three (3) sides with an eight (8) foot tall opaque fence or wall. PLANNING COMMISSION ACTION: (APRIL 19, 2001) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. Staff noted the following additional condition of approval, to be added to the "Staff Recommendation" on page 6 of this report: 6. All required building permits and inspections for the new building must be obtained within 30 days of the passage of the PCD ordinance by the City Board of Directors. Public Works added the following comment: 0 FILE NO.: Z-3875-A (Cont.) "Public Works must delete this second paragraph of the "Staff Update" found on page 5 of the Item A write-up. The paragraph concerns a condition of approval for the PCD application, which is the courthouse filing of an affidavit removing the new storage building from the National Flood Insurance Program. To be in compliance with our Flood Loss Prevention Ordinance, and the rules of our participation in the NFIP, we must offer the applicant the option of remaining in the program. The option we are offering is to floodproof the new building. In the event the applicant refuses to floodproof per regulations, we will file official forms to FEMA which remove the structure from the program. The structure's bottom floor is 2 feet below base flood elevation, which requires floodproofing to an elevation 3 feet above the floor. Compliance with floodproofing requirements will be determined by future design review and construction inspection. The "Staff Recommendation" on the part of Public Works continues to be approval of the PCD rezoning, but subject to new conditions noted above." The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. 7 April 19, 2001 ITEM NO.: A NAME: Green - Short -Form PCD LOCATION: 12825 Interstate 30 DEVELOPER: Alvin Green 9910 Chicot Road Little Rock, AR AREA: 3.77 acres FILE NO.: Z-3875-A SURVEYOR: Donald W. Brooks 20820 Arch Street 72209 Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3/R-2 ALLOWED USES: Commercial PROPOSED USE: Boat sales and display; C-3 permitted uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 12825 I-30 from C-3/R-2 to PCD in order to allow boat sales and display as a permitted use, which the property's current zoning does not allow. The boat sales and display business is currently being operated at this site, within a portion of the existing commercial building. The applicant has also recently constructed a 40 foot by 70 foot building (for boat storage) at the east end of the existing building. A gravel area for the display of boats has been shown on the proposed site plan. There is currently a` church which occupies the west one-half of the existing building. B. EXISTING CONDITIONS: The site contains an existing commercial building and asphalt parking between the building and I-30. There is a second building (east end of the existing building) which has recently been constructed. April 19, 2001 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-3875-A There is a mixture of commercial uses along I-30 to the east and west and across I-30 to the north. There is a creek within the southern portion of the property, with the Optimist Club Park (race track) and a truck service business further south. C. NEIGHBORHOOD COMMENTS: The Alexander Road and SWLR UP Neighborhood Associations were notified of the public hearing. As of this writing, staff has received no comment from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: All properties are located in floodway. City does not allow any structures in floodway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP &L : No Comment. ARKLA: No Comment received. Southwestern Bell: No Comment. Water: No objection. A water main extension installed at the expense of the developer will be required to provide water service to this property. Fire Department: No Comment. County Planning: No Comment received. CATA: Site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Commercial and Industrial. The applicant has applied for a Planned 2 April 19, 2001 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-3875-A Commercial Development for a boat sales dealership. The property is currently zoned C-3 General Commercial. A land use plan amendment is not required. City Recognized Neighborhood Action Plan: The Chicot West/I-30 South Neighborhood Action Plan contains the economic development goal of providing a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities. The Chicot West/I-30 South Neighborhood Action Plan also states the recommendation of concentrating "...development efforts in the more urbanized northern portion of the study area..." This property is located on the northern boundary of the study area. Landscape Issues: The proposed parking area encroaches into the 30 foot wide street buffer required when abutting an expressway unless located within a "mature area" designation. G. SUBDIVISION COMMITTEE REVIEW: Alvin Green and Bill Wiedower were present, representing the application. Staff briefly described the proposed PCD. Staff noted that this property is in the floodway, and that no new structures could be constructed in the floodway. This issue was briefly discussed. Staff suggested that the application be deferred until the floodway issue could be resolved. The applicant noted that a deferral would be requested. After the discussion, the Committee forwarded the application to the full Commission for resolution. H. ANALYSIS: As noted in the Public Works Comments (paragraph D) and in the Subdivision Committee Comments (paragraph G) , the property at 12825 I-30 is located in the floodway and the 3 April 19, 2001 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-3875-A City does not allow any new construction in the floodway. Staff and the Subdivision Committee feel that this application should be deferred to allow the applicant time to resolve the floodway issue. The applicant submitted a letter to staff on October 11, 2000 requesting that this application be deferred to the December 7, 2000 agenda. The applicant notes that an engineering firm has been hired to do a preliminary study to determine if any improvements made downstream have altered the floodway. If not, the applicant will then determine if he wants the engineering firm to perform the necessary work to obtain a revision of the flood maps. Staff supports the deferral as requested. I. STAFF RECOMMENDATIONS: Staff recommends that this application be deferred to the December 7, 2000 agenda. PLANNING COMMISSION ACTION: (OCTOBER 26, 2000) Staff informed the Commission that the applicant submitted a letter on October 11, 2000 requesting that this application be deferred to the December 7, 2000 agenda. Staff supported the deferral request. The Chairperson placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 7, 2000 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. STAFF UPDATE: The applicant submitted a letter to staff on November 16, 2000 requesting that this application be deferred to the January 25, 2000 meeting. The applicant has retained an engineering firm to determine if recent improvements downstream have altered the floodway, which might warrant changes to the FEMA flood maps. PLANNING COMMISSION ACTION: (DECEMBER 7, 2000) Staff informed the Commission that the applicant submitted a letter on November 16, 2000 requesting that this application be deferred to the January 25, 2001 agenda. Staff supported the 4 April 19, 2001 SUBDIVISION ITEM NO.: A (Cont.) deferral request. FILE NO.: Z-3875-A The Chairperson placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 25, 2001 agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (JANUARY 25, 2001) Staff informed the Commission that the applicant's engineering firm had done an analysis of the floodway issues involving this property, and that Public Works needed additional information/calculations. Staff noted that the Public Works Department requested that this application be deferred to the April 19, 2001 agenda to allow time for additional floodway analysis. Staff also noted that the applicant agreed to the deferral. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 19, 2001 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. STAFF UPDATE: Public Works received from the applicant the required analytical proof that the new structure, built in the floodway, does not adversely impact flood levels. The new building is in "the shadow," hydraulically speaking, of older buildings on the site. Because of this fortunate situation, any potential construction, such as dredging to restore any lost carrying capacity, does not come into play and is not required. Public Works does, however, require that the applicant provide an affidavit that the owner will not ever claim any flood damages on the new structure or its contents. The affidavit must be in legal form and be attached to the deed on file at the county courthouse. It shall transfer with the deed. The structure's bottom floor is more than 2 feet below the regulatory Base Flood Elevation. Flood insurance premiums will not be required for the structure. Public Works supports PCD application subject to the above conditions. 5 April 19, 2001 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: z-3875-A The property at 12825 I-30 contains an existing commercial building and asphalt parking area within the C-3 zoned portion of the property. There is currently a church located within the west portion of the building and a boat sales business in the east portion of the building. The applicant is requesting that the property be rezoned to PCD to allow boat sales and display as a permitted use. The applicant recently constructed a 2,800 square foot storage building at the east end of the existing commercial building to serve the boat sales business. There is a fenced area within the east one-half of the property which is used for the display of boats. Given the property's location along I-30, with C-4 zoned property to the east, I-2 zoned property to the west and a racetruck on the R-2 zoned property to the south, staff has no problem with the sale and display of boats on this property. With resolution of the floodway issue, staff feels that the recently constructed building and the proposed boat sales/display business should have no adverse impact on the general area. STAFF RECOMMENDATION: Staff recommends approval of the PCD rezoning subject to the following conditions: 1. Compliance with the Public Works conditions as noted in the "Staff Update". 2. Compliance with the requirements as noted in paragraph E. of this report. 3. Staff recommends boat sales/display and C-3 permitted uses as a use mix for the property. 4. The area devoted to the display of boats will be limited to the existing fenced area as shown on the proposed site plan. 5.Any dumpster area must be screened on three (3) sides with an eight (8) foot tall opaque fence or wall. PLANNING COMMISSION ACTION: (APRIL 19, 2001) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. 6 April 19, 2001 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-3875-A Staff noted the following additional condition of approval, to be added to the "Staff Recommendation" on page 6 of this report: 6. All required building permits and inspections for the new building must be obtained within 30 days of the passage of the PCD ordinance by the City Board of Directors. Public Works added the following comment: "Public Works must delete the second paragraph of the "Staff Update" found on page 5 of the Item A write-up. The paragraph concerns a condition of approval for the PCD application, which is the courthouse filing of an affidavit removing the new storage building from the National Flood Insurance Program. To be in compliance with our Flood Loss Prevention Ordinance, and the rules of our participation in the NFIP, we must offer the applicant the option of remaining in the program. The option we are offering is to floodproof the new building. In the event the applicant refuses to floodproof per regulations, we will file official forms to FEMA which remove the structure from the program. The structure's bottom floor is 2 feet below base flood elevation, which requires floodproofing to an elevation 3 feet above the floor. Compliance with floodproofing requirements will be determined by future design review and construction inspection. The "Staff Recommendation" on the part of Public Works continues to be approval of the PCD rezoning, but subject to new conditions noted above." The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. 7 April 19, 2%_1 ITEM NO.: A NAME: Green - Short -Form PCD LOCATION: 12825 Interstate 30 DEVELOPER: Alvin Green 9910 Chicot Road Little Rock, AR AREA: 3.77 acres FILE NO.: Z-3875-A SURVEYOR: Donald W. Brooks 20820 Arch Street 72209 Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: C-3/R-2 ALLOWED USES: Commercial PROPOSED USE: Boat sales and display; C-3 permitted uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 12825 I-30 from C-3/R-2 to PCD in order to allow boat sales and display as a permitted use, which the property's current zoning does not allow. The boat sales and display business is currently being operated at this site, within a portion of the existing commercial building. The applicant has also recently constructed a 40 foot by 70 foot building (for boat storage) at the east end of the existing building. A gravel area for the display of boats has been shown on the proposed site plan. There is currently a church which occupies the west one-half of the existing building. B. EXISTING CONDITIONS: The site contains an existing commercial building and asphalt parking between the building and I-30. There is a second building (east end of the existing building) which has recently been constructed. April 19, 2w-_1 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-3875-A There is a mixture of commercial uses along I-30 to the east and west and across I-30 to the north. There is a creek within the southern portion of the property, with the Optimist Club Park (race track) and a truck service business further south. C. NEIGHBORHOOD COMMENTS: The Alexander Road and SWLR UP Neighborhood Associations were notified of the public hearing. As of this writing, staff has received no comment from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: All properties are located in floodway. City does not allow any structures in floodway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment. ARKLA: No Comment received. Southwestern Bell: No Comment. Water: No objection. A water main extension installed at the expense of the developer will be required to provide water service to this property. Fire Department: No Comment. County Planning: No Comment received. CATA: Site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Commercial and Industrial. The applicant has applied for a Planned `a April 19, 2t_1 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: Z-3875-A Commercial Development for a boat sales dealership. The property is currently zoned C-3 General Commercial. A land use plan amendment is not required. City Recognized Neighborhood Action Plan: The Chicot West/I-30 South Neighborhood Action Plan contains the economic development goal of providing a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities. The Chicot West/I-30 South Neighborhood Action Plan also states the recommendation of concentrating "...development efforts in the more urbanized northern portion of the study area..." This property is located on the northern boundary of the study area. Landscape Issues: The proposed parking area encroaches into the 30 foot wide street buffer required when abutting an expressway unless located within a "mature area" designation. G. SUBDIVISION COMMITTEE REVIEW: Alvin Green and Bill Wiedower were present, representing the application. Staff briefly described the proposed PCD. Staff noted that this property is in the floodway, and that no new structures could be constructed in the floodway. This issue was briefly discussed. Staff suggested that the application be deferred until the floodway issue could be resolved. The applicant noted that a deferral would be requested. After the discussion, the Committee forwarded the application to the full Commission for resolution. H. ANALYSIS: As noted in the Public Works Comments (paragraph D) and in the Subdivision Committee Comments (paragraph G), the property at 12825 I-30 is located in the floodway and the 3 April 19, 2t--i SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-3875-A City does not allow any new construction in the floodway. Staff and the Subdivision Committee feel that this application should be deferred to allow the applicant time to resolve the floodway issue. The applicant submitted a letter to staff on October 11, 2000 requesting that this application be deferred to the December 7, 2000 agenda. The applicant notes that an engineering firm has been hired to do a preliminary study to determine if any improvements made downstream have altered the floodway. If not, the applicant will then determine if he wants the engineering firm to perform the necessary work to obtain a revision of the flood maps. Staff supports the deferral as requested. I. STAFF RECOMMENDATIONS: Staff recommends that this application be deferred to the December 7, 2000 agenda. PLANNING COMMISSION ACTION: (OCTOBER 26, 2000) Staff informed the Commission that the applicant submitted a letter on October 11, 2000 requesting that this application be deferred to the December 7, 2000 agenda. Staff supported the deferral request. The Chairperson placed the item before the Commission for inclusion within the Consent Agenda for deferral to the December 7, 2000 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. STAFF UPDATE: The applicant submitted a letter to staff on November 16, 2000 requesting that this application be deferred to the January 25, 2000 meeting. The applicant has retained an engineering firm to determine if recent improvements downstream have altered the floodway, which might warrant changes to the FEMA flood maps. PLANNING COMMISSION ACTION: (DECEMBER 7, 2000) Staff informed the Commission that the applicant submitted a letter on November 16, 2000 requesting that this application be deferred to the January 25, 2001 agenda. Staff supported the 4 April 19, 2t,-1 SUBDIVISION ITEM NO.: A (Cont.) deferral request. FILE NO.: Z-3875-A The Chairperson placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 25, 2001 agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (JANUARY 25, 2001) Staff informed the Commission that the applicant's engineering firm had done an analysis of the floodway issues involving this property, and that Public Works needed additional information/calculations. Staff noted that the Public Works Department requested that this application be deferred to the April 19, 2001 agenda to allow time for additional floodway analysis. Staff also noted that the applicant agreed to the deferral. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 19, 2001 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. STAFF UPDATE: Public Works received from the applicant the required analytical proof that the new structure, built in the floodway, does not adversely impact flood levels. The new building is in "the shadow," hydraulically speaking, of older buildings on the site. Because of this fortunate situation, any potential construction, such as dredging to restore any lost carrying capacity, does not come into play and is not required. Public Works does, however, require that the applicant provide an affidavit that the owner will not ever claim any flood damages on the new structure or its contents. The affidavit must be in legal form and be attached to the deed on file at the county courthouse. It shall transfer with the deed. The structure's bottom floor is more than 2 feet below the regulatory Base Flood Elevation. Flood insurance premiums will not be required for the structure. Public Works supports PCD application subject to the above conditions. �1 April 19, 2-,l SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-3875-A The property at 12825 I-30 contains an existing commercial building and asphalt parking area within the C-3 zoned portion of the property. There is currently a church located within the west portion of the building and a boat sales business in the east portion of the building. The applicant is requesting that the property be rezoned to PCD to allow boat sales and display as a permitted use. The applicant recently constructed a 2,800 square foot storage building at the east end of the existing commercial building to serve the boat sales business. There is a fenced area within the east one-half of the property which is used for the display of boats. Given the property's location along I-30, with C-4 zoned property to the east, I-2 zoned property to the west and a racetruck on the R-2 zoned property to the south, staff has no problem with the sale and display of boats on this property. With resolution of the floodway issue, staff feels that the recently constructed building and the proposed boat sales/display business should have no adverse impact on the general area. STAFF RECOMMENDATION: Staff recommends approval of the PCD rezoning subject to the following conditions: 1.Compliance with the Public Works conditions as noted in the "Staff Update". 2.Compliance with the requirements as noted in paragraph E. of this report. 3.Staff recommends boat sales/display and C-3 permitted uses as a use mix for the property. 4.The area devoted to the display of boats will be limited to the existing fenced area as shown on the proposed site plan. 5.Any dumpster area must be screened on three (3) sides with an eight (8) foot tall opaque fence or wall. PLANNING COMMISSION ACTION: (APRIL 19, 2001) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. Ni April 19, 2_A SUBDIVISION ITEM NO.: A (Cont. FILE NO.: Z-3875-A Staff noted the following additional condition of approval, to be added to the "Staff Recommendation" on page 6 of this report: 6. All required building permits and inspections for the new building must be obtained within 30 days of the passage of the PCD ordinance by the City Board of Directors. Public Works added the following comment: "Public Works must delete the second paragraph of the "Staff Update" found on page 5 of the Item A write-up. The paragraph concerns a condition of approval for the PCD application, which is the courthouse filing of an affidavit removing the new storage building from the National Flood Insurance Program. To be in compliance with our Flood Loss Prevention Ordinance, and the rules of our participation in the NFIP, we must offer the applicant the option of remaining in the program. The option we are offering is to floodproof the new building. In the event the applicant refuses to floodproof per regulations, we will file official forms to FEMA which remove the structure from the program. The structure's bottom floor is 2 feet below base flood elevation, which requires floodproofing to an elevation 3 feet above the floor. Compliance with floodproofing requirements will be determined by future design review and construction inspection. The "Staff Recommendation" on the part of Public Works continues to be approval of the PCD rezoning, but subject to new conditions noted above." The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. 7