PLANNING COMMISSION REPORT

Regular Agenda -Public Hearing Item

 

PC Staff Report

10/22/07

ITEM NO. 4:        PRELIMINARY DEVELOPMENT PLAN FOR PINE RIDGE PLAZA; 3215 OUSDAHL (SLD)

 

PDP-09-04-07: Preliminary Development Plan for Pine Ridge Plaza located at 3215 Ousdahl Road. The plan proposes the construction of a 13,500 s.f. commercial business in multiple phases. Submitted by Grob Engineering Services, LLC, for Chavez II Development, LLC, Property owner of record.

 

STAFF RECOMMENDATION: Planning staff recommends approval of the Preliminary Development Plan based upon the findings of fact presented in the body of the Staff Report and forwarding it to the City Commission with a recommendation for approval subject to the following conditions:

 

1.      Approval of the following waivers and reductions

a.      Yard reductions along the north side to a minimum of 10’ side yard/peripheral yard setback;

b.      Yard reductions along the west side to 12 feet rear yard setback;

c.      Yard reductions along the east side to 15 feet front/peripheral yard setback;

d.      Off-street parking from 68 spaces to 23 spaces.

 

2.      Provision of a revised Final Development Plan to show the building entry to Building 1 & 2 oriented to the street either with direct access or an angled front entry to the buildings.

3.      Removal of the first stalls along the east property line on either side of the drive entrance and extension of that area as green space.

4.      Provision of a revised Preliminary Development Plan to include the following changes:

a.      Pursuant to City Code a minimum elevation for building opening (MEBO) for the lot shall be shown;

b.      Provision of a note that states that land uses shall be restricted for Lot 1A to contractor office/shop uses or those uses that have a parking ratio of 1 space per 400 NSF or larger. Retail uses that have a parking ratio between 1 space per 100 NSF to 1 space per 300 NSF has been excluded unless a revised Preliminary Development Plan is approved;

c.      Provision of a revised drawing to show a strike thru the listed uses on the face of the Preliminary Development Plan that do not meet the recommend parking standard of 1 space per 400 NSF or larger;

d.      Revision to the note stating “These proposed setbacks are in conformance with the base district requirements” to “These proposed setbacks are in conformance with the setbacks for the adjacent CS zoning district”.

5.      Provision of a revised Preliminary Development Plan to add the following notes:

a.      “Per City code Chapter IX Article 09-903 (B), a stormwater pollution prevention plan (SWP3) must be provided for this project. This project will not be released for building permits until an approved SWP3 has been obtained. Construction activity, including soil disturbance or removal of vegetation shall not commence until an approved SWP3 has been obtained.

b.      Add the following notes to the “General Notes”:

                                                   i.      The drainage easement will be privately-owned and maintained. The developer is responsible for establishing ownership and maintenance of same via individual owner maintenance.”

                                                  ii.      “No construction or maintenance of natural or non-natural structures or vegetative barriers (including but not limited to trees, shrubbery, berms, fence and walls) will be allowed within the drainage easements.

 

Reason for Request:

Proposed development of Lot1 A; Phase 4 of the Pine Ridge Plaza PCD.

KEY POINT

·         Existing commercial development with multiple buildings.

·         Proposed development is part of last phase for commercial development.

·         Staff anticipates submission of an additional PDP in the next few months for Lot 1B.

 

FACTORS TO CONSIDER

·         Compliance with existing development plan and code prior to July 2006

·         Request includes reduction in peripheral and yard setback requirements

·         Request includes reduction in off-street parking requirements

 

ASSOCIATED CASES/OTHER ACTION REQUIRED

·         Z-08-26-03:  Revision of PCD use restrictions

·         Final Development Plan approval required

·         Public improvements required for sanitary sewer main extension to serve this property.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         None received to date

 

General information

 


Current Zoning and Land Use:

PCD-[Pine Ridge Plaza]; existing commercial development (former K-Mart/redevelopment). Application excludes Lot 1B of Pine Ridge Plaza.

Surrounding Zoning:

CS (Commercial Strip) District and GPI (General Public and Institutional Use) District to the northeast; existing commercial uses and post office.

 

RS10 (Single-Dwelling Residence) District to the northeast of W. 31st Street and Ousdahl Road; existing manufactured housing park on the north side of 31st Street; existing crop land on the south side of 31st Street.

 

 

PCD-[Home Depot] to the north side of W. 31st Street; existing commercial development.

 

CS (Commercial Strip) District and PCD-[Target] to the west; existing commercial development.

 

CS (Commercial Strip) District and RS7 (Single-Dwelling Residence) District to the south; existing commercial and Wal-Mart development.

 

A (Agricultural) District to the west of Ousdahl Road. Existing crop land. Proposed annexation and development requests for multi-family residential development [The Exchange]

 

 

 

Development Request:

 

The proposed Preliminary Development Plan includes all of the Pine Ridge Plaza PCD, but the focus of the development is on Lot 1A located along Ousdahl Road north of 33rd Street. The proposed project is for the development of two buildings and a central parking lot with one building capable of a future expansion all on Lot 1A.  The subject property is part of the Pine Ridge Plaza PCD and located in the last phase of the development. The proposed Preliminary Development Plan includes the entire PCD to show the context of the proposed development to the balance of the center as well as a large scale detail of the immediately proposed development of Lot 1A. The subject property is platted and Lot 1 has been further subdivided via a lot split in April 2006. The following table provides a brief historical summary of the commercial development for the entire Pine Ridge Plaza center by platted lot.

 

Table 1: Development History

Platted Lot

Development Activity Description

Lot 1 Pine Ridge Plaza Addition: [Lot split in 2006 to Lot 1A and Lot 1B]

Undeveloped pad sites located on the northwest corner of 33rd and Ousdahl Road (Original Phase 3, later revised to Phase 4);

 

Original PDP-1996 included office uses along Ousdahl Road. Subsequent submittals dropped this area excluding any development detail.

Lot 2 Pine Ridge Plaza Addition:

 

No additional lot splits for this portion of the development.

K-Mart Remodel (Phase 1)

 

Reduction in gross square footage of the original Phase 1 (K-Mart building) and reconfiguration of the building into four separate tenant spaces in 2003. This became World Market, T.J. Maxx,  Bed Bath & Beyond and Michael’s

 

Developed Kohl’s (Phase 2A), Old Navy and Famous Footwear (Phase 2B), and Jason’s Deli (Phase 2C) in 2001.

 

World Market revised uses in 2003 to allow retail liquor sales and expanded use for Lot 1 (now Lot 1A and Lot 1B).

 

Lot 3 Pine Ridge Plaza Addition:

IHOP restaurant (Phase 3); FDP approved by the Planning Commission 4/21/99 (no plan number). This was one of the first buildings completed in the PCD.

 

Over a period of time various revisions to the approved Preliminary and Final Development Plans were made. The following table provides a summary of changes in square footage allocated to particular phases over time. The currently proposed Preliminary Development Plan modifies use and development to Lot 1A of the overall PCD. The developed phases are not altered by this proposed Preliminary Development Plan other than the total summary numbers. A requirement of a Preliminary Development Plan is to include all of the original area initially approved.

 

Table 2: Area Summary by Phase

PHASE

Original PDP 1/17/96

PDP 1996

PDP 1999 Revised

Revised Phasing
Existing Development

(as K-Mart)

Revised

FDP 2003

PDP 2006 Revised

PDP 2007

Revised

Phase 1

 

K-Mart

123,011

117,478

Phase 1

117,580

95,754

95,754

No changes

Bookstore/pad site north of Earl May[1] [Jason’s Deli]

22,750

20,000

Moved to Phase 2

22,000

See below

See below

No changes

Phase 2

 

Department Store (Kohl’s)

152,833

84,300

Phase 2A

 

81,025

81,025

81,025

No changes

Pad sites:

Old Navy

Famous Footwear

Pad Site[2]

24,000

 

Phase 2B

 

 

35,187

(22,681)

(12,506)

35,187

(22,681)

(12,506)

42560

(22,681)

(12,506)

7,373

No changes

Jason’s Deli Retail

22,750

17,500

 

Phase 2C

0

22,000

22,000

No changes

Retail Pad (IHOP)[3]

7,200

6,750

Phase 3

4,115

4,115

4,115

No changes

Phase 3[4]

 

Office (N. Bldg.)

Lot 1A

64,673

60,000

Phase 4

Uses amended to allow commercial uses

 

0

0

0

13,500 GSF

Office (S. Bldg.)

Lot 1B

0

0

No proposals for this PDP

TOTAL

 

393,217

330,028

 

259,907

238,081

245,454

258,954

Site Summary for Lot 1A

Parking Provided

11 spaces including 3 garage spaces [phase 1]

13 spaces shown in future development phase

Parking Required

47 spaces required based on 1966 Zoning code (1/200 SF)

Parking reduction requested to allow provision at 1 per 500 SF of building area [Similar to requirement of conventional industrial use district]

Gross Area

46,630

ROW

No new right of way proposed

Easements

Existing drainage easement located on south side

Access easement located on north side through Colt Subdivision to north property line.

Open Space Required

9,3278 SF@ 20% of 46639

Open Space Provided

20,396 SF Majority of this area is the dedicated drainage easement located along the south property line.

 

 

STAFF ANALYSIS

The subject property is located adjacent to Ousdahl Road and is the north portion of the original Lot 1 of the Pine Ridge Plaza Addition. The area along Ousdahl Road represents the last phase of development of the total PCD. The existing PCD property is developed commercially with the exception of Phase 4 (Lot 1A and 1B) which was originally designated as an office site on early versions of the development approvals. Commercial uses in Phases 2 and 4 were expanded via a zoning change (Z-08-26-03). The proposed Preliminary Development Plan does not seek to alter any of the existing phases of the PCD. These areas are shown for context of the total development.  It is proposed as a two phase development and includes requests for reductions in the minimum required off-street parking and the minimum required setbacks.

 

1)     In what respects the plan is or is not in general conformity with the provisions of the Comprehensive Plan of the City.

 

An evaluation of the conformance of this Preliminary Development Plan with the City's Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020. The Plan identifies the area of S. Iowa Street between 23rd Street and K-10 as an existing regional commercial center. The subject property is a small portion of that overall designated commercial area.

 

Staff FindingThe existing commercial development is part of the S. Iowa Street regional commercial center. The proposed buildings are consistent with the land use and development pattern of the area at 31st and Iowa Street.

 

2)     In what respects the plan is or is not consistent with the Statement of Objectives of Planned Unit Development. [The statement of objectives of planned unit developments is found in Section 20-1002 of the pre 2006 Zoning Ordinance]

 

(1)  To promote and permit flexibility that will encourage innovative and imaginative approaches in residential, commercial, and industrial development which will result in a more efficient, aesthetic, desirable and economic use of the land while maintaining density and intensity of use consistent with the adopted Comprehensive Plan for the City;

(2)  To promote development within the City that can be conveniently, efficiently and economically served by existing municipal utilities and services or by their logical extension;

(3)  To promote design flexibility including placement of buildings, and use of open space, pedestrian and vehicular circulation facilities to and through the site, and off-street parking areas in a manner that will best utilize potential on-site characteristics such as topography, geology, geography, size or proximity;

(4)  To provide for the preservation of historic or natural features where they are shown to be in the public's best interest including but not limited to such features as:  drainageways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures.

 

Staff FindingThe above statements address the physical arrangement of the development and the relationship of the improvements to the surrounding environment. Early Preliminary Development Plans for this PCD included a building arrangement for this phase but building footprints were dropped in later versions as land uses for the phase were reconsidered. The existing drainage easement divided the lot physically and ultimately became the boundary line in the lot split division in April 2006. The lot is irregularly shaped and is encumbered by platted easements along the perimeter of the property and abuts conventional commercial zoning on the north side.

 

3)     The nature and extent of the common open space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the common open space in terms of the densities and dwelling types proposed in the plan.

 

This commercial development did not originally include a common open space element other then what is found along the peripheral boundaries. This provision seeks to assure that any common open space will be maintained and that adequate area is provided when residential elements are included in the project.

 

Staff FindingThere is no common open space associated with this development that is shared with the overall commercial tenants.  This PCD has developed as intended, as a commercial development. There are no other land uses such as residential or office uses that would require accessible open space. Open spaces for this development provide amenities such as setbacks, parking lot circulation and direction, and minimum aesthetic improvements to the development. There is no common maintenance agreement for common open space among the multiple property owners within the commercial development.

 

4)     Whether the plan does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

 

Staff FindingLot 1A is completely separated from the surrounding PCD in terms of access circulation or shared parking and drive aisles because of the location of certain utilities. Single access to the site is provided via approved driveway cut onto Ousdahl Road. Customer parking is anticipated to be located in the front portion of the property with business vehicles located in the rear area. Vehicular circulation is accommodated on site.

 

5)     Whether the plan will or will not have a substantial adverse effect on adjacent property and the development or conservation of the neighborhood area.

 

Staff FindingThe surrounding area is commercial in nature. The proposed request will allow for expanded uses in the undeveloped portion of the commercial development. Future residential uses are proposed to the east of the subject property. Staff has been coordinating review of both applications to assess driveway locations. The physical design of the development is consistent with planned land use for the area. Site design elements, including some pedestrian orientation of buildings along Ousdahl Road, are recommended.

 

6)     In what respects the plan is or is not in conformance with the development standards and criteria of this article. [The general standards are found in Section 20-1006 and Preliminary Development Plan requirements are listed in Section 20-1010]

 

The general development standards pertaining to all planned unit developments are found in:

Section 20-1006, "General Development Standards - Planned Unit Developments,"

Section 20-1008, "Development Standards - Planned Commercial Developments,"

Section 20-1010, "The Preliminary Development Plan."

 

The proposed Preliminary Development Plan includes requested reductions in the required open space and setback requirements as well as a reduction in the minimum required off-street parking provided. Otherwise the content of the development plan conforms to the applicable code sections. This section of the report therefore focuses on the proposed waivers associated with the proposed development.

 

Reductions Requested:

 

1.       Parking Reduction – Minimum required parking for a PCD is based upon one space per 200 NSF. This equates to approximately 47 total parking spaces to support the building sizes as proposed. The applicant suggests that the parking ratio be applied at a rate of one space per 500 NSF consistent with the type of commercial tenant (contractor office/shop) likely to occupy this space and based on parking requirements conventional zoning in the old code. At full development a total of 19 parking spaces are shown on the site.

 

The following table was prepared to compare the off-street parking requirement to what is required by code, what is proposed by the applicant and what would be required if based on the Land Development Code.

 

 

Parking Summary

Use Space

GSF

GSF @ 70% GSF

Gross Parking

 @ 1/200

Net Parking

@ 1/200

Parking @ 1/500

Parking at mixed

Building 1

5000

3500

25

18

7

8 @ mixed ratio

   Office

1250

875

6

4

2

4 @ 1/200

   Garage

1200

840

6

4

2

0 @ 0/000

   Shop

2550

1785

13

9

4

4 @ 1/500

Storage yard

3000

2100

15

11

4

0 @ 0/000

expansion

2000

1400

10

7

3

3 @ 1/500 (shop expansion)

Building 2

3500

2450

18

12

5

12 @ 1/200

Total

13500

9450

68

47

19

23

Storage yard shown in initial phase will be replaced with structure in future phase for a total 5,000 building addition which includes the 2,000 SF listed in this table.

Parking Provided

14 surface spaces and 3 garage spaces for company vehicles [Phase 1]

26 surface spaces and 3 garage spaces at full build

Parking Required

 

 

 

47 spaces required based on 1966 Zoning code

 

Parking reduction requested to allow provision at 1 per 500 SF of building area similar to requirement of conventional industrial use district.

 

2.       Setback Reduction – A peripheral setback is required along the north and east property lines of 30’ for PCDs. These are allowed to be reduced when adjacent to another PCD or with approval from the Planning Commission. Building setback requirements applicable to the subject property are as follows: 15’ front building setback from public and private streets, 20’ side setback for detached buildings and 35’ rear setback for commercial development (peripheral setback may exceed these setbacks in some instances). Setbacks are measured from the platted lot line.

 

The requested reductions are as follows:

North property line

(side lot line/side yard)

 

·          Side yard from 20 feet to 10 feet

·          Peripheral yard from 30 feet to 10 feet

 

West property line

(rear lot line/rear yard)

 

·         Rear yard setback from 35 feet to 12 feet

·         Peripheral yard is not applicable along west property line

 

South property line

(side lot line/side yard)

 

·          None requested. This area is encumbered by a 30’ drainage easement

East property line

(front lot line/front yard)

 

·              Peripheral yard from 30 feet to 15 feet.

 

 

Staff Comment on Waivers

Interior setback reductions from lot lines either within the planned unit development or from immediately abutting commercial developments have been granted in the past to provide more flexibility and continuity in development patterns. This situation is commonly found in planned residential development where the setback from a platted lot line is double that of a conventional district in comparison. Additionally, commercial buildings in a conventional zoning district are allowed to utilize a zero setback for interior lot lines. The open space building setback and peripheral requirements are extremely useful in mixed commercial/residential developments to provide a usable buffer for residents of the development, connection to the commercial development, and walkable areas for employees. Reductions should be considered carefully.

 

The Pine Ridge Plaza PCD was originally initiated as a redevelopment of the old K-Mart building with pedestrian connections built into the project in terms of sidewalks along building fronts and significant changes to the parking layout. Lot 1A is a unique piece of land within the PCD. Because of the location of the drainage easement, it is disconnected from the remainder of the PCD. The proposed layout of the lot functions similar to conventional commercial zoning.

 

Recommendation: With regard to the setback reduction on the north and west side, these interior lot setbacks will not result in harm to the abutting properties and allow for greater desing flexibility of the site. Staff supports the proposed reductions:

 

Along the north side:

o        Side yard from 20 feet to 10 feet,

o        Peripheral yard from 30 feet to 10 feet, and

 

Along the west Side:

o        Rear yard setback from 35 feet to 12 feet,

o        Peripheral yard is not applicable along west property line.

 

The commercial design guidelines address building location from the perspective of bringing structures closer to the street, providing pedestrian scale and moving parking to the rear of the buildings. These standards were adopted in July 2006. The first phases of the Pine Ridge Plaza were not required to comply with these standards. The applicant’s request to reduce the setback along the street frontage is consistent with this provision and aligns the building with the existing development to the north which is a side yard for that development.

 

With regard to the front yard setback reduction, approval should be tied to compliance with commercial design standards and providing a pedestrian appearance to the building. Parking could be pulled back an additional space to extend the green space into the site.

 

Because of the unique nature and physical isolation of the subject property within the PCD, the subject property lacks the ability to share parking within the development and utilize excess parking located in other phases. However, the subject property is zoned for commercial uses.  While the proposed tenant of the property may functional adequately with limited parking, a future commercial tenant with a higher customer count would be severely restricted as a result of the lack of parking. The isolated nature of lot and the inability to share parking further complicate the situation. Options include the reduction of the total square footage or revising the use restrictions for this lot to prohibit future commercial uses that have a higher parking demand. Construction of the full parking lot for the initial phase would provide the required parking for the site for first 5,000 SF building in Phase 1.

Recommendation: With regard to required off-street parking staff recommends that the entire parking lot be constructed initially (estimates 28 spaces with staff changes) to provide compliance for Phase I, the first 5,000 SF. Staff further recommends that uses be restricted to those that are less than 1/400 NSF such as retail uses. Specific use group restrictions shall be listed on the face of the development plan. Changes in use that require higher parking requirements shall require a new Preliminary Development Plan.

 

Staff FindingAs conditioned, the proposed Preliminary Development Plan adheres to Sections 20-1006, 20-1008, and 20-1010 of the Zoning Ordinance with the exception of the requested reductionsStaff supports the proposed reductions as described above.  

 

7)     In what respects the plan is or is not in compliance with the requirements for application for tentative approval of the Planned Unit Development. [This finding refers to Section 20-1005 of the Zoning Ordinance.]

 

Staff FindingThe subject property is a developed commercial center that has been previously approved.  The property is a vacant site within the approved PCD and has been developed in phases. Zoning was originally approved for a PCD in the mid 1990’s and was revised in 2001 to expand in allowable uses within the PCD. There is no separate rezoning request that accompanies this proposed Preliminary Development Plan.

 

8)     The sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the Planned Unit Development in the case of a plan that proposes development over a period of years.

 

Staff FindingThere is no residential element within the development. The proposed development includes phases. Staff recommends that the initial phase include all of the off-street parking lot to assure that parking is accommodated as part of the development. Additional phase of development are expected to occur as revised final development plans in the future.  Commercial developments do not typically include any kind of covenants or maintenance agreements. This subject property within the overall PCD is isolated and will not likely share other access or parking facilities within the development.

 

9)     Stormwater detention calculations and storage of excess stormwater drainage as per City Policy.

 

Staff FindingThe City Stormwater Engineer reviewed this plan and recommended notes be added to the drawing that will address construction improvements when the lot is actually developed. These notes are reflected as conditions of approval.  

 

Summary Conclusion

The proposed revised Preliminary Development Plan adds initially 5,000 SF of building with an additional 5,000 SF in the future as a building addition. A second freestanding building with 3,500 SF is also proposed as a future phase. This will likely result in three future Final Development Plans for this subject property.

 

The subject property is a special purpose district as described in the Land Development Code 20-221 to provide a suitable classification for land included in a Planned Development approved prior to the effective date (July 1, 2006). Land uses within the PD are restricted to only those for which specific approval was granted originally. Any changes to the allowable uses will be subject to Article 7 of the Development Code. None are proposed with this Preliminary Development Plan.



[1] This pad site was later constructed as part of Phase 2 Jason’s Deli and retail center

[2] 2006 submittal for pad site west of Famous Footwear

[3] IHOP was constructed as Phase 3 of commercial development

[4] The office buildings on this submittal, these lots become Phase 4