At 11:25 PM there was unanimous consent to extend the meeting for 20 minutes.
PC minutes 11/16/05
ITEM NO. 23A: PCD-2 (WITH RESTRICTIONS) TO PCD-2; 1.53 ACRES; SOUTHEAST CORNER OF N. IOWA STREET & RIVERRIDGE ROAD (SLD)
Z-09-65-05: A request to rezone a tract of land approximately 1.53 acres from PCD-2 (with restrictions) to PCD-2 (with expanded allowable uses). The property is generally described as being located at the southeast corner of N. Iowa Street and Riverridge Road [Riverridge PCD]. Submitted by Landplan Engineering, P.A. for BJ Mellmanor Townhouse Apartments, LLC, property owner of record.
ITEM NO. 23B: REVISED PRELIMINARY DEVELOPMENT PLAN FOR RIVERRIDGE PCD; SOUTHEAST CORNER OF N. IOWA STREET & RIVERRIDGE ROAD (SLD)
PDP-09-09-05: Revised Preliminary Development Plan for Riverridge PCD to add a package liquor store in a portion of the existing building, which previously was used for office space. This Planned Commercial Development contains 1.53 acres and is located at the southeast corner of N. Iowa Street and Riverridge Road. Submitted by Landplan Engineering, P.A. for BJ Mellmanor Townhouse Apartments, LLC, property owner of record.
Items 23A & 23B were discussed together.
STAFF PRESENTATION
Sandra Day introduced the requests and explained that the new owner had asked to expand commercial uses that had previously been restricted when an elementary school was located across the street. The applicant specifically proposed to remodel a former office space adjacent to the existing convenience store into a liquor store. Minimal changes to the site were necessary. The former Riverside Elementary School has been purchased and remodeled into office space for a local construction company.
APPLICANT PRESENTATION
Tim Herndon, Landplan Engineering was available for questions.
PUBLIC HEARING
No members of the public spoke on these items.
COMMISSION DISCUSSION
Comm. Lawson asked if the uses had originally been restricted just because of the school site. Staff indicated that was correct.
Comm. Burress asked why this location was not listed in Horizon 2020 as a commercial node. Staff indicated that not every commercial location was identified, but the plan clearly supported redevelopment of existing commercial areas. This site is appropriately located at the intersection of an arterial and collector streets. Ms. Finger noted that the plan recognizes that commercial areas do exist throughout the community and policies allow for redevelopment.
Motioned by Comm. Harris, seconded by Comm. Ermeling to recommend approval of PCD-2 with restrictions to PCD-2 (Planned Commercial District) for Lot 2 Chip’s Addition with revised restrictions and forward it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report and with the following permitted uses:
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The following uses are permitted (lines have been drawn through the non-permitted uses): |
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USE GROUP
1. AGRICULTURAL-ANIMAL HUSBANDRY
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USE GROUP
2. AGRICULTURAL-FIELD CROPS
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USE GROUP 3. RESIDENTIAL SINGLE-FAMILY DETACHED Low density single-family detached residential uses, and accessory uses. 1. Residential Uses Single-family detached dwelling 2. Group homes of 10 or fewer individuals 3. Residential design manufactured homes 4. Accessory Uses
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USE GROUP 3A. RESIDENTIAL-DUPLEX 1. Residential Uses. Single family dwelling or duplex 2. Accessory Uses (Ord. 4247, Sec. 3)
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USE GROUP 4. RESIDENTIAL - MULTI-FAMILY. Medium and high-density multi-family residences. 1. Residential Uses Multi-family dwelling, including duplex Rooming and/or boarding house Single-family attached dwelling (row house or Townhouse) Bed & Breakfast establishment, except in the RM districts it is not permitted in RM-D and RM-1 2. Accessory Uses (Ord. 6048, Sec. 1; Ord. 6382)
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USE GROUP 5. RESIDENTIAL-DORMITORY. High-density residential uses other than those multi-family uses permitted in Use Group 4. 1. Residential Uses Apartment hotel Dormitory-type residence hall Fraternity Sorority 2. Accessory Uses
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USE GROUP 6. RESIDENTIAL - MOBILE HOME PARK
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USE GROUP 7. COMMUNITY FACILITIES - PUBLIC UTILITIES (a) may appropriately be located in residential areas to provide education, recreation, health, and other essential services and, (b) do not create significant objectionable influences in residential areas.
1. Community Facilities Adaptive reuse of properties listed as a landmark on the Lawrence, State or National Registers of Historic Places or included in the Lawrence or National Register of Historic Districts Art gallery or museum Cemetery, columbarium, or mausoleum Child care center Child care home - occupant primary provider Child care home - non-occupant primary provider Church or other place of worship, including student center Club or lodge, private, except those whose chief activity is carried on as a business Communication Towers Community building, public Golf course, but not including commercially operated driving range, pitch and putt course or miniature golf course Halfway house or service-oriented rehabilitation center or residence Health center, government operated Hospital, general, not including animal Institution for children and aged, nonprofit Library or museum: public or private, open to public without charge Monastery, convent or similar institution of religious training Mortuary, funeral parlor, or undertaking establishment Nursing home or rest home Parish house, nunnery, rectory, etc. Park, playground, or playfield, public Private recreation facility (exclusive of family swimming pools and swimming pools that are accessory uses to hotels, motels and apartments) Rehabilitation center for persons with disabilities Sanitarium School, public, parochial, or private, non-profit: (a) Grades nine and below including kindergarten (b) Grades ten and above Studio for professional work or for teaching of any form of fine arts e.g. photography, music, dancing, drama, etc. Swimming pool, accessory Theatre, live (if indoors) 2. Public Utilities Electrical substation Gas regulator station Radio or television transmitter or tower Sewage disposal plant, private Telephone exchange, but not including garage, shop, or service Water filtration plant, pumping station, elevated storage or reservoir 3. Similar Uses All other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses and (2) are not included in any other use group. 4. Accessory Uses (Ord. 6359; Ord. 6382; Ord. 6489)
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USE GROUP 8. TEMPORARY USES
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USE GROUP 9. PROFESSIONAL OFFICES. Offices for medical, professional and governmental purposes and accessory use, not including retail sales to the public, that are of a nature that may be located adjacent to or combined with residential uses without harmful effects to said residential uses. 1. Medical and Related Offices Chiropody, chiropractic, dental, electrology, medical, optical, optometric, osteopathic, including a clinic 2. Ambulatory (Outpatient) Surgery Center 3. Professional and Governmental Offices Accounting, architecture, engineering, governmental, insurance sales, law, real estate and sales and brokerage, motion picture studios (enclosed) 4. Veterinarian Office and incidental boarding, with no open kennel or yard where animals are confined or exercised 5. Financial Institutions 6. Studio for professional work or for teaching of any form of fine arts e.g. photography, music, dancing, drama, etc. 7. Other Offices All other offices which (1) are similar to the listed uses in function, traffic-generating capacity, effects on other land uses, and (2) are not included in any other use group. 8. Accessory Uses. (Ord. 6287; Ord. 6770; Ord. 7047 rev.)
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USE GROUP 9A. LIMITED SERVICES. These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods. 1. Bank, savings & loan, and trust company Dry cleaning outlet store Freestanding automated banking or dispensing facility Funeral home, mortuary or undertaking establishment Laboratory, medical or dental Loan office Personnel services Photographic studio Post Office branch facility Professional cleaning services Radio and television studio Recording studio School, commercial or trade, when not involving any danger of fire or explosion, nor of offensive odor, noise, dust, glare, heat, vibration or other objectionable factors Secretarial service Studio for professional work or for teaching of any form of fine arts i.e. photograph, music, dancing, drama, etc. Telephone answering service 2. Accessory Uses
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USE GROUP 11. INNER NEIGHBORHOOD COMMERCIAL USES. These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods. 1. Bicycle sales, rental or repair Book store, new or used Dry cleaning outlet store Food store, not including 24 hr. convenience store Hair care establishment Laundry, self-serve Professional Offices (excluding medical and veterinarian offices and clinics) Quick copy center Restaurant, not including one with drive-up facilities or service to automobiles Retail bakery Reverse vending machines (recycling) Shoe repair service Small collection facilities (recycling) Studio for professional work or for teaching of any form of fine arts i.e. photography, music, dancing, drama, etc. 2. Accessory Uses (Ord. 6578; Ord. 6777)
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USE GROUP 12. RETAIL STORES - PERSONAL SERVICES. Certain types of retail stores and service establishments which: (a) Provide for a wide variety of local consumer and transient needs, and (b) Have a small service area and are, therefore, not distributed widely throughout the city. (1) Retail Stores and Service Establishments Altering, pressing, repairing of wearing apparel
Art supply sales
Bank, savings & loan and trust company Barber or beauty shop Bicycle sales, rental, repair Book sales
Camera or photographic supply sales
Computer store; sales, service and equipment Confectionery store
Eating place, enclosed, without dancing or entertainment and not providing service in automobiles Florist shop and greenhouse Food convenience store, including gasoline sales and single-bay auto wash (Ord. 6205) Food store, including retail bakery
Garden supply sales Gift, novelty, souvenir sales
Hobby supply sales Ice vending machine
Laundry, self-service only
Liquor, wine and beer sales, for consumption off the premises Loan office Locksmith, key shop
Music, musical instrument and phonographic record sales
Optical goods, sales Orthopedic or medical appliance sales
Photographic studio
Quick copy or duplicating center
Sewing machine sales and repair Shoe repair and sales
Video store, sale or rental of video equipment, movies and games parlor 2. Similar Uses Other uses which (1) are similar to the listed uses in function, traffic- generating capacity, and effects on other land uses, and (2) are not included in any other use group. 3. Accessory Uses (Ord. 6578)
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USE GROUP 13. AUTOMOTIVE SERVICES; RETAIL SALES; OTHER. Primarily automotive service establishments and accessory uses, including consumer and non-consumer retail goods and services not appropriate for the neighborhood shopping district, including certain goods and services for agricultural, industrial, commercial, or institutional use. 1. Automotive Services and Retail Sales
Barber and beauty equipment sales
Business machine rental, repair, sales Car or truck wash
Caterer
Food convenience store, including gasoline sales
Free standing automated banking or dispensing facility
Glass sales and cutting shop
Laboratory, medical or dental Leather goods, sales and repair Linen supply, diaper service, uniform supply
Office equipment and supplies, sales and service, rental and repair
Quick copy or duplicating center
Secretarial service
Studio for professional work or for the teaching of any form of fine arts, photography, music, drama, etc.
Telephone answering service
2. Similar Uses Other business services which (1) are similar to the listed uses in function, traffic-generating capacity, and effects upon other land uses, and (2) are not included in any other use group. 3. Manufacturing Uses Baked goods, candy, delicatessen, and ice cream, all for retail sales on the premises only Clothing: custom manufacturing or altering for retail, including custom dressmaking, millinery, or tailoring 4. Accessory Uses (Ord. 6578)
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USE GROUP
14. RETAIL - WHOLESALE SALES AND SERVICES.
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USE GROUP
15. AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES
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Motion carried unanimously, 10-0.
Motioned by Comm. Lawson, seconded by Comm. Ermeling to recommend approval of the revised Preliminary Development Plan based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Provision of a revised Preliminary Development Plan to provide corrected and updated site summary notes as applicable to the current conditions of the site per staff approval;
2. Provision of a revised Preliminary Development to list the approved use restrictions for Lot 2, Chip’s Addition.
Motion carried unanimously, 10-0.