PC staff report

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)

 

SUMMARY

 

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. 

 

STAFF RECOMMENDATION:  Staff recommends approval of PCD-2 with restrictions to PCD-2 (Planned Commercial District) for Lot 2 Chip’s Addition with revised restrictions and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

 

Reason for Request:

To allow the existing PCD to include additional uses, particularly that of a proposed liquor store. This request is applicable only to Lot 2 Chips Addition .79 acres. The request adds uses found in both Use Group 12 and 13.

 

KEY POINT The development plan covers both Lots 1 and 2 of Chip’s Addition. Subject property (Lot 2) is developed commercial property. An elementary school located to the southwest of the subject property has been closed and is used for office/industrial related uses.

GOLDEN FACTORS TO CONSIDER CHARACTER OF THE AREA ·         Area includes residential uses on the east side of N. Iowa Street and industrial uses on the west side.   SUITABILITY OF SUBJECT PROPERTY FOR USES TO WHICH IT HAS BEEN RESTRICTED ·         The property is zoned for a variety of commercial uses as an existing PCD the expansion of commercial uses is consistent with the location and the removal of an elementary school within the immediate vicinity.    CONFORMANCE WITH THE COMPREHENSIVE PLAN ·         The proposed request conforms with the Comprehensive Plan

ASSOCIATED CASES/OTHER ACTION REQUIRED Z-11-24-92; RS-1 (Single-Family Residence) District to PCD-2 (Planned Commercial District). PDP-09-09-05; Revised preliminary development plan for Riverridge PCD.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING None received.

 

GENERAL INFORMATION
Current Zoning and Land Use:	PCD-2 (Planned Commercial District); existing gas convenience store (Lot 2) and apartment use (Lot 1). Proposed request affects only Lot 2.
Surrounding Zoning and Land Use:	A and RM-D Residential Duplex) District to the north, developing residential lots.   A-1 (Suburban Home Residential) District to the northeast; existing residential homes.   RS-2 (Single-Family Residence) District to the east; existing residential homes.   PCD-2 (Planned Commercial District) to the south; existing commercial use.   M-2 (Limited Industrial District) to the west; existing manufacturing and warehousing uses.

 

BACKGROUND

The PCD was approved by the City Commission in 1993 (Ordinance 6516).  The approved develop plan includes a note that states: “Site restriction include prohibiting the sale of cereal malt beverages and other alcohol, the sale of pornographic material, and the use of in house video games or amusements as long as Riverside School operates as a school in U.S.D. #497.”   Per the approved zoning, land uses were specifically restricted as follows:

 

Current land use Restrictions for the Riverridge PCD-2 Development ·          Residential dwelling units (attached, detached or mixed) ·          Any use in:               Use Group 7 Community Facilities-Public Utilities ·          Any use in:               Use Group 9 Professional Offices ·          Any use in:               Use Group 11 Inner Neighborhood Commercial ·          The only use permitted in Use Group 12:  Food Convenience Store including gasoline sales and single bay auto wash. ·          No sales of alcohol or cereal malt beverages be allowed; and ·          No sales of pornographic materials be allowed.

 

The PCD-2 district, unrestricted, allows all of the following uses:

 

Uses allowed by right in the PCD-1  and PCD-2 Districts ·          Residential dwelling units (attached, detached, or mixed). ·          Any use permitted in: ·          Use Group 7 - Community Facilities-Public Utilities; ·          Use Group 8 -Temporary Uses; ·          Use Group 9 - Professional Offices; ·          Use Group 9A - Limited Services; ·          Use Group 11 - Inner Neighborhood Commercial Uses; ·          Use Group 12 - Retail Stores - Personal Services. ·          Use Group 13 - Automotive Services; Retail Sales; Other; (Not included in a PCD-1) ·          Use Group 14 - Retail-Wholesale Sales and Services; and (Not included in a PCD-1) ·          Use Group 15 - Amusement, Recreational and Cultural Facilities (Not included in a PCD-1)

The ability to provide for any one use is dependant on the size of the property to provide adequate setback, off-street parking, access, screening and other site development requirements. The specific use of liquor sales is listed in Use Group 12 but also uses found in Use Group 13.

 

I.         ZONING AND USES OF PROPERTY NEARBY

 

Staff Finding –The subject property (Lot 2 Chip’s Addition) is surrounded by a variety of land uses and is located at the intersection of arterial and collector streets.

 

II.       CHARACTER OF THE AREA

 

The subject property is part of North Iowa Street/Riverridge Neighborhood. East of N. Iowa Street is an established industrial area. The west side of N. Iowa Street is residential.  Much of the surrounding area is developed. Small areas of infill development are occurring as remaining properties are annexed into the city limits. The original neighborhood included an elementary school that was closed and has been redeveloped for an office use.

 

Staff Finding –The character of the area includes a wide range of land uses including single-family residential, duplex (developing), apartment, as well as limited commercial and extensive industrial uses located to the west.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The suitability of the commercial portion of the PCD assesses the existing and intended conditions related to the subject property. The subject property currently is zoned for a variety of commercial uses. The proposed request seeks to expand that list of permitted uses since the closing of the Riverridge Elementary School. The removal of the elementary school decreases the need for stringent separation requirements associated with the original approval. The property is zoned for PCD-2 (Planned Commercial District) but does not include any of the uses allowed by right in that district. As noted above, some uses are self restricting because of the necessary size and off-street parking requirements.

 

Staff Finding –The proposed zoning change is consistent with commercial development similarly situated outside of elementary school environs.  The allowance of additional commercial uses in this PCD-2 is suitable to the surrounding area. Approval of the request does not alter the applicable requirements as they related to the plan review requirements for proposed or future site improvements.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding – The subject property as part of a larger PCD is developed with commercially. The PCD was approved by the City Commission in May 1993 (Ordinance 6516/ Z-11-24-92).

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

Staff Finding – There are no anticipated impacts that would result from the change in zoning that would expand the allowable uses. The property is developed. Site improvements are interior to the existing building.

 

VI.       RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

 

Staff Finding – The property has been zoned and developed for commercial/residential uses. The proposed request would expand the allowable uses and convenience to the area residents and workers in the area.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

The appropriateness for this area to be used and continue to be used as a commercial/residential development will not be altered by this request. Planned commercial developments are typically tailored to address specific land use considerations unique to a parcel or area. The subject property and abutting PCD-2 (Planned Commercial District) to the south are not listed in Horizon 2020 as a neighborhood commercial center but do share some of the same locational characteristics. The surrounding residential density including apartment uses in the area is approximately 3 dwelling units per acre. The subject property combined with the abutting PCD to the south represent only 2.3 acres total (which is also the minimum area required for a PCD).

 

Staff Finding – The proposed request is consistent with Horizon 2020.

 

CONCLUSION:

The applicant included a list of uses that would include the ability to sell package liquor, but voluntarily would restrict other specific uses in Use Groups 12 and 13 and all uses in Use Group 14 and 15 (See Attached List).  As noted the size of the property is a significantly limiting element to the ability to add other uses to the site.