Sponsor
Lori Johnson, Associate Planner
Title
Public Hearing Case File No. 16-0029 // Ryan Companies US, Inc. // 11633 Ulysses Lane NE
The applicant is requesting the following:
a) Preliminary Plat to subdivide 5.30 acres into two (2) commercial lots to be known as Central Avenue Acres 5th Addition.
b) Conditional Use Permit to allow for a zero lot line for parking and building setbacks and for shared parking between two new lots.
Background
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Zoning: |
PBD (Planned Business District) |
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Land Use: |
CC (Community Commercial) |
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Area: |
5.30 acres |
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Applicable Regulations: |
Chapter 74 of the Subdivision Ordinance |
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Section 31.30 of the Zoning Ordinance |
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Attachments: |
Zoning and Location Map |
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Preliminary Plat |
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Schedule: |
Planning Commission Public Hearing: 06/14/16 |
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City Council: 06/16/16 |
Earlier this year Ryan Companies received a conditional use permit that allowed for the construction of a multi-tenant retail building (Marshal’s/Petco) and shared parking on one of the lots to the east of the existing Lowes store at 117th and Highway 65. The site is zoned PBD (Planned Business District) so a conditional use permit is required for all uses. Construction on the multi-tenant building has begun. If you remember, the Developer indicated at that time that an addition could be added to the east side of that building for another tenant space. While there are no users yet for a potential addition to the building, Ryan Companies would like to create a separate lot for that addition to prepare for the future when a tenant is known. Therefore preliminary plat approval is being requested at this time that creates two lots. The applicant has also requested a conditional use permit amendment that acknowledges the new lot line with a zero lot line and shared parking and access request according to PBD zoning district requirements.
Preliminary Plat
The preliminary plat contains two new lots. The building under construction (Marshal’s/Petco) will be located on Lot 1 and the future building addition would occur on Lot 2. The parking lot is also divided by the new proposed lot line.
Park dedication has already been paid for this parcel as this land was platted with the original subdivision that occurred prior to the construction of Lowe’s. No other payment is necessary.
Conditional Use Permit
Because a future addition could be added to the building and the proposed lot line would run through the middle of the potential new three tenant building, a zero lot line conditional use permit is required. In addition, there will be a new lot line in the proposed parking lot and a new shared parking and access conditional use permit is necessary.
Since the overall development was approved with the conditional use permit for the Marshal’s/Petco building, there are no specific requirements for this condtional use permit other than that a new shared parking and access agreement will be required that takes into account the new lot line.
When the building addition comes in, a conditional use permit amendment will be required. That request will go directly to the City Council.
Recommendation
In Planning Case File No. 16-0029 it is recommended that the Planning Commission recommend approval of Preliminary Plat to subdivide 5.30 acres into two (2) commercial lots to be known as Central Avenue Acres 5th Addition at 11633 Ulysses Lane NE based on the following conditions:
1. The Mayor, City Manager and City Clerk are hereby authorized to execute
any and all necessary documents, agreements, and releases related to the approval, recording, or administration of Central Avenue Acres Fifth Addition.
In Planning Case File No. 16-0029 it is recommended that the Planning Commission recommend approval of a Conditional Use Permit to allow a zero lot line for parking and building setbacks and for shared parking between two new lots at 11633 Ulysses Lane NE based on the following conditions:
1. A shared parking and access agreement must be submitted to the City prior to issuance of a building permit for Lot 2, Block 1.
2. A conditional use permit amendment, which can be presented directly to City Council, will be required prior to issuance of a building permit for Lot 2, Block 1.