File #: 23-0163B    Version: 1
Type: Ordinance Status: Passed
File created: 2/13/2023 In control: City Council
On agenda: 3/7/2023 Final action: 3/7/2023
Title: Pass the ordinance approving a major change to the Design Pointe PUD to permit deviations to allow for construction of a multi-tenant commercial building at 1336 N Route 59 - PZC 22-1-079
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - Preliminary-Final PUD, 4. Exhibit C - Standards, 5. Exhibit D - Site Plan, 6. Exhibit E - Landscape Plan, 7. Exhibit F - Elevations, 8. Development Petition, 9. Plat of Survey, 10. Pre-Final PUD Plat, 11. Final Engineering, 12. Photometric Plan, 13. Parking Study, 14. PZC Meeting Minutes 2-15-23 DRAFT
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance approving a major change to the Design Pointe PUD to permit deviations to allow for construction of a multi-tenant commercial building at 1336 N Route 59 - PZC 22-1-079
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Gabrielle Mattingly, AICP

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 22-1-079 on February 15, 2023. No members of the public provided testimony on the request. The PZC closed the public hearing and provided a positive recommendation on the request (approved 9,0). Staff concurs.

BACKGROUND:
The Design Pointe PUD is located at the southeast corner of Route 59 and Brookdale Road and is zoned B2 (Community Shopping Center District). The Design Pointe PUD was approved in November 2005 (Ordinance #05-207) to include nearly 170,000 square feet of retail space within two principal buildings and seven outlots. At this time, one of the principal retail buildings and four of the outlots along the Route 59 frontage have been developed. The remaining space is vacant.

The subject property is outlot D of the Design Pointe PUD. Outlot D is located in the vacant land between the existing Jimmy John's building and the Grand Appliance & TV building. This outlot was created to allow for future retail commercial development within the shopping center. A parking variance was processed for the shopping center in 2011 (Ordinance #11-176). This parking variance included a provision that allowed future commercial tenants with a parking requirement up to 5 parking spaces per 1,000 square feet of gross floor area or less to occupy any vacant space within the shopping center without needing to seek future deviations to the parking requirements.

DISCUSSION:
The Petitioner, Param Vijay, on behalf of the property owner, Nita Estates, LLC is proposing to construct an 8,899 square foot multi-tenant commercial building with an outdoor patio and 38 pa...

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