SUBJECT:     PDC00-09-085.  PLANNED DEVELOPMENT REZONING LOCATED AT THE SOUTHWEST CORNER OF SOUTH KING ROAD AND VIRGINIA PLACE.

 

COUNCIL DISTRICT:  5

 

 

RECOMMENDATION

 

The Planning Commission voted 7-0-0 to recommend that the City Council adopt an ordinance to approve the subject rezoning. 

 

BACKGROUND

 

On October 11, 2001, the Planning Commission held a public hearing to consider a Planned Development rezoning from CP Commercial Pedestrian Zoning District and R-1-8  Residence  Zoning District to A(PD) Planned Development to allow the construction of a 2,100 drive-through restaurant (including the demolition of an existing 1,210 square foot drive-through restaurant and a single family residence) and related site improvements on a 0.7-gross-acre site.

 

The Director of Planning recommended approval of the proposed rezoning.

 

The proposed project was considered as a regular calendar item.  The applicant’s representative briefly explained the project and indicated that the applicant had worked on many different designs before deciding on this site plan.  He indicated that the applicant had agreed to several measures recommended by staff and the community to minimize noise impacts to the adjacent residential uses.  These measures include a 10:00 p.m. limitation on the hours of operation, provision of a private security guard, the installation of speed bumps, and a taller concrete masonry wall.  He also indicated that the applicant would use a chain to close the parking lot driveways after the restaurant closes at 10:00 p.m.

 

There were no other members of the public who commented on the project.  The Planning Commission closed the public hearing.

 

Commissioner Zamora stated this project would be a great improvement to the area, and commended the applicant on the design and the implementation the improvements recommended by staff and the community to minimize noise.  He felt that the added security and the generous landscaping would be a big improvement and that it might encourage others to invest in this area.

 

Commissioner Chun Hoo agreed with Commissioner Zamora and indicated she was very impressed with the plans and appreciated all of the landscaping and the setbacks. 

 

Commissioner Levy also agreed and indicated he had originally been concerned about this use at this site, but after reading the staff report he felt like this would be a good improvement to the area. 

 

Commissioner Godbolt indicated that she was concerned about all of the exceptions to the policies, but after further review felt like this project was a good design and she appreciated all of the work on the project.

 

The Planning Commission then closed the public hearing and voted to approve the project.

 

PUBLIC OUTREACH

 

A community meeting was held on the project on September 26, 2001, which is discussed in greater detail in the staff report.  In addition, a public hearing notice was mailed to owners and occupants within 500 feet of the subject site, and staff has been available to respond to any questions regarding the project.

 

COORDINATION

 

As standard procedure in the development review process, this project was coordinated with the Department of Public Works, Fire Department, Police Department, Environmental Services Department and the City Attorney. 

 

JOSEPH HORWEDEL

Secretary, Planning Commission