HomeMy WebLinkAbout00073189-ommissioner Kaiser asked who originally put the fence up? Mr. Young said that Pebble Creek
Development Company put the fence up, but it was put between City property and the right-of-way.
Commissioner Floyd asked if the Pebble Creek property owners were aware that this property is the
City's? Mr. Young said that this property is designated City property on the plat. He did not know of
any owners that had a misconception as to the ownership of this property.
Chairman Rife closed the public hearing.
Commissioner Floyd moved to recommend approval of the rezoning request. Commissioner Horlen
seconded the motion, which passed 5-1; Commissioner Parker voted in opposition to the motion.
AGENDA ITEM NO. 5: Public hearing and consideration of a C-N Neighborhood Business site
plan and use, for a convenience store/gas station, Exxon @ Dartmouth Crossing, to be located at
2500 Dartmouth Drive. (!1!U-46)
Staff Planner Anderson presented the staff report and stated that the applicant is proposing to construct
a 5,605 square foot convenience store and an four (4) pump gas station at the southwest corner of
Dartmouth Drive and Southwest Parkway. The site is proposed to house a carryout food store,
convenience store, dry cleaners and gas station. The property is currently zoned C-N Neighborhood
Business. Convenience stores, dry cleaners, and gas stations are not expressly permitted in a C-N
district, but may be allowed under the provision listed "other uses to be determined by the
Commission." All uses in the C-N district must have their use, location and site plan approved by the
Planning & Zoning Commission. On February 17, 2000, the Planning & Zoning Commission denied by
a vote of 3-3 the applicant's request for a convenience store and gas station at this location. Opposing
Commissioners were concerned with traffic generation and they felt that the proposed site and use
would adversely affect the surrounding property owners. She explained that by using the ITE (Institute
of Traffic Engineers) Trip Generation Manual, staff estimated the trip generation for the proposed site
to along the order of 2,500 to 5,000 trips per day. However, this should not be interpreted to mean that
this many trips would be added to the surrounding street system because a large percentage of these
trips are from "pass-by" traffic. Based on case studies provided in the manual, staff estimated that
approximately 40 to 60 percent of the traffic generated to the site would be from pass-by traffic and not
additional traffic being added to Southwest Parkway or Dartmouth. Thus the actual amount of traffic
added to these streets is more along the lines of 1,000 to 3,000 trips per day. Staff believed that there is
remaining capacity available in Dartmouth and Southwest Parkway to absorb the additional traffic being
generated by this site. Ms. Anderson said that the applicant has since modified the original site plan to
help address some of the concerns stated in the February 17th hearing. The applicant is requesting
approval of the site plan and use of this modified plan. The proposed plan includes the removal of five
parking spaces in order to provide the following features: additional and larger landscaped islands,
sidewalks, and bike racks. The applicant also added two stamped concrete walks to help provide
pedestrian access from adjacent properties. The revised plan does meet parking requirements. In
addition, the applicant intends to use more subdued lighting that would be oriented in such a way as to
have minimal impact to the single family development that exists across Southwest Parkway.
Ms. Anderson explained that Neighborhood Business uses must meet the intent of the C-N district. The
Zoning Ordinance defines the purpose of this district as, providing small commercial sites for
residential convenience goods and personal service businesses. No use shall be allowed which would
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adversely affect the health, safety, welfare, or residential character of the neighborhood. The use shall
be a low traffic generator and shall not create any noise, light, or odors abnormal to the neighborhood."
The use must be compatible with the surrounding area that it serves. Staff recommended approval with
conditions as stated on the Staff Review Comments No. 2 (included with the staff report). She did
specify that review comment number 3 (Waiting for approval from the Fire Marshal about proposed
"lay of hose" configuration) was denied by the Fire Marshal - the hydrant will need to be on Dartmouth.
The manager of Heritage at Dartmouth Apartments is in favor of the request.
Chairman Rife opened the public hearing.
Mr. Greg Taggart (Municipal Development Group) representing the applicant said that the three major
concerns expressed by the Commission at the last review relating to parking, lighting, and landscaping
have be addressed and reflected in the new proposal. He said that the majority of the traffic for this site
will be pass-by traffic.
Commissioner Floyd asked if Mr. Taggart was aware of the amount of traffic generated by a
convenience store with gas pumps opposed to a convenience store without gas pumps. Mr. Taggart did
not know, but he said that the Dartmouth study showed a similar development at the same intersection
on the opposite corner.
Some Commissioners wanted to know the height of the sign and canopy. Ms. Anderson said that there
were no sign height requirements specified in the C-N district. Senior Planner Kuenzel said that the
Commission could add a condition to the height of the canopy.
Mr. Akber Dosani, the owner, said that the canopy would be an average size to allow larger vehicles to
use the pumps. He clarified that there would be 4 pumps on each side of the island (8 total). He told
the Commissioners that he was not sure as to which type of gas supplier he would use (Exxon, Texaco,
etc), but there were only standards on colors and canopies normally, they do not usually regulate the
size of the building.
Ms. Marianne Oprisko, 14125 Renee Lane, said that there were other convenience stores with gas
stations that "fit" into the surrounding areas such as the store at Welsh and Holleman. She was glad to
see that there was adequate access to the site for the handicapped.
Chairman Rife closed the public hearing.
Commissioner Parker moved to approve the request. Commissioner Warren seconded the motion.
Commissioner Warren stressed that ramps were an important issue since there would be sidewalk access
from the apartments.
Chairman Rife called for the vote, and the motion to approve the request failed 3-3 (in favor: Chairman
Rife, Commissioners Parker and Warren; opposed: Commissioners Kaiser, Floyd, and Horlen).
AGENDA ITEM NO. 6: Consideration of a Preliminary Plat for Legacy Addition, consisting of
approximately 7.165 acres on the northwest corner of Holleman and Harvey Mitchell. (99-184)
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