File #: 19-3194    Version: 1 Name: Ordinance - Public Hearing and First Reading of an Ordinance Approving a Change of Zoning from PD Planned Development District to PD Planned Development District for Retail, Restaurant, and Other Commercial Uses, to also Include an Auto Repair Garage on A
Type: Ordinance Status: Failed
File created: 6/26/2019 In control: City Council
On agenda: 7/8/2019 Final action:
Title: Ordinance - Public Hearing and First Reading of an Ordinance Approving a Change of Zoning from PD Planned Development District to PD Planned Development District for Retail, Restaurant, and Other Commercial Uses, to also Include an Auto Repair Garage on Approximately 0.71 Acres Located at 3121 E. Broad Street; John Davis of Brakes Plus on Behalf of Will Tolliver of LG Broad Cannon LLC (ZC#19-007)
Sponsors: Joe Smolinski, Lisa Sudbury
Attachments: 1. Ordinance, 2. Exhibit A, 3. Exhibits B - E, 4. Previously Approved PD, 5. Maps and Supporting Information
Title
Ordinance - Public Hearing and First Reading of an Ordinance Approving a Change of Zoning from PD Planned Development District to PD Planned Development District for Retail, Restaurant, and Other Commercial Uses, to also Include an Auto Repair Garage on Approximately 0.71 Acres Located at 3121 E. Broad Street; John Davis of Brakes Plus on Behalf of Will Tolliver of LG Broad Cannon LLC (ZC#19-007)

Requested Action
To consider the subject zoning change request.

Recommendation
The Planning & Zoning Commission held a public hearing on June 17, 2019, and voted 5-1 (Weydeck voting no; Knight absent) to recommend approval with the condition that the applicant remove the topographical and utility information from the Site Plan, correct the Landscape Plan to provide for a 10’ landscape buffer with appropriate plantings adjacent to the west property line and a 20’ landscape setback adjacent to Broad Street, and correct the wall sign locations on Page 1 of the Sign Plan. Some of the commissioners expressed concerns about the proximity of the auto repair use adjacent to the existing Costa Vida restaurant and its outdoor patio, particularly as it relates to noise and visibility, but the applicant stated that Brakes Plus uses muffled tools and the developer has been in contact with Costa Vida and they did not have objections to the use. Furthermore, the property developer believed this to be the best use for this particular lot.

Description/History
The subject property consists of approximately 0.71 acres located at 3121 E. Broad St. on Lot 2 of the Broad Street Marketplace shopping center. The applicant is requesting to improve the lot with a Brakes Plus auto repair garage. An auto repair garage is not a permitted use in the approved planned development (PD) for this shopping center; as such, the PD will require a major modification to allow this use on this particular lot and the provided exhibits (site plan, elevations, landscape plan, and sign plan) will...

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