Title
Consider public testimony regarding, and an ordinance approving Amendment No. 1 to the Planned Unit Development (PUD) No. 45 zoning district, located on the northwest corner of Gattis School Road and Red Bud Lane. (First Reading)*
Body
Planned Unit Development (PUD) No. 45 was approved in December of 2000, allowing for C-1 (General Commercial) uses, with specific development standards. The majority of the area within the PUD is developed. A grocery store with connected retail buildings and the associated parking lot comprise approximately 75% of the site. There are also commercial pad sites along Gattis School Road and Red Bud Lane. A coffee shop with drive-thru service is proposed on the only vacant pad site along Gattis School Road, which is the subject of this application.
When the PUD was initially adopted, an earlier version of the zoning code applied that had less restrictive standards for drive-thru eating establishments. Specifically, there was no setback from residential required for the drive-thru lanes, only the speaker box and outdoor patio. After discussions between the applicant's attorney, Planning Director, and City Attorney, an accommodation was made in order to avoid a legal challenge. This accommodation required that the speaker box and outdoor patio be located more than 150 feet from any residential property line. In addition, other compatibility standards were agreed to by the developer, which included increased landscaping and fencing. However, the applicant was ultimately unable to comply with the outdoor patio restriction of the agreed upon legal accommodation. Therefore, a PUD amendment application was submitted to address the issue. Through this process, the applicant worked extensively with the two adjacent residents and HOA President to address their concerns and obtain their support. Staff has verified this support with direct communication with these three parties.
The site plan for the proposed coffee shop contains an outdoor patio within the 150-foot distance. To mitigate potential impacts, the developer has negotiated with the two adjacent residential property owners and with the Lake Forest HOA. Specific standards were agreed upon in writing between the applicant and two adjacent residents. These standards, which are included in the PUD amendment, include lighting, taller fencing, tree planting, and site design requirements.
The Planning and Zoning Commission voted 8-0 at their meeting on February 3, 2016 to recommend approval of the amendment to PUD No. 45. No public comment was provided.
Recommended Action
Staff recommends approval.