June 23, 2004 Planning Commission Meeting

 

 

ITEM NO. 8:              RS-2 & PCD-2 TO C-5; 2.63 ACRES; 3300 IOWA STREET (BPD/SLD)

 

Z-05-21-04:  A request to rezone a tract of land approximately 2.63 acres from RS-2 (Single-Family Residential) District and PCD-2 (Planned Commercial Development) District to C-5 (Limited Commercial) District.  The property is described as being located at 3300 Iowa Street.  Submitted by Landplan Engineering for Wal-Mart Real Estate Business Trust and Lawrence Cashways, LLC, are property owners of record.

 

This Item is closely related to Items 9A & 9B.

 

STAFF PRSENTATION

Ms. Day introduced the Item, explaining the Staff Report was prepared by Mr. Dyer who was no longer with the department but had briefed Staff on the status of the various applications involving this intersection. A series of applications involving the Wal-Mart property were all being timed to go simultaneously to the City Commission.

 

This application dealt with two pieces of ground that would be added to the subject property in a “trade” between adjacent property owners Wal-Mart (applicant) and Crown Automotive (agenda Items 9A & 9B).  Much of the area to the west and south was developed commercially with a variety of zonings, and there were agricultural uses to the east.

 

Ms. Day said the Staff Report addressed conformance with the Comprehensive Plan and the proposed change would not affect Staff’s land use recommendations. 

 

Staff had recommended a PCD for the overall development, but conventional zoning would work for the subject property without a number of variances.  Other parts of the development project (replat, rezoning and development plan) would also be on future Commission agendas.

 

It was established that access onto Iowa Street would continue to be controlled with the existing stop lights at 33rd and 34th Streets.

 

Staff recommended approval subject to the conditions listed in the Staff Report.  It was noted that agenda Items 9A & 9B were closely associated with this application but were more complicated than this request.

 

The Commission expressed a concern about their ability to “backtrack” – go back and consider previous actions if they changed their mind later in the process.  Staff said this depended on what changes they wanted to make and when they wanted to make them.

 

Comm. Johnson asked what guidelines would be included in the Site Plan review to ensure the development fit as a gateway to the city.  Ms. Day explained the Comprehensive Plan was specific about gateway criteria.  The City Commission was clear about the importance of appearance and the developers were working to meet those standards.

 

APPLICANT PRESENTATION

Todd Thompson, attorney for the applicant, showed the subject areas and explained the associated request for rezoning of the area proposed for a new recycling center and a truck turnaround area the Wal-Mart property.

 

Mr. Thompson stated that this application was necessarily tied to Items 9A & 9B, and all Items needed to be approved or the overall proposal would not work.

 

PUBLIC HEARING

No member of the public spoke on this Item.

 

CLOSING

There were no closing comments from the applicant or Staff.

 

COMMISSION DISCUSSION

It was established that a specific use had not yet been chosen for the area designated on the site plan as an “out lot”, but the traffic impact study had considered it as a gas station - a use of the highest possible intensity. 

 

It was noted that the Commercial Design Standards Committee would like the developer to look at removing the curb cut that would carry traffic directly in front of the Wal-Mart entrance.

 

ACTION TAKEN

Motioned by Comm. Burress, seconded by Comm. Angino to approve the rezoning of 2.63 acres from RS-2 and PCD-2 to C-5 and forward it to the City Commission with a recommendation for approval, based on the findings of fact presented in the body of the Staff Report and subject to the following conditions:

 

  1. Approval of a replat of the property and the adjacent Crown Chevrolet/Toyota and Payless Cashways properties; and
  2. Approval of a site plan for the expansion of the existing Wal-Mart site.

 

Motion carried unanimously, 9-0, with Student Commissioner Brown also voting in favor.