HomeMy WebLinkAbout7-ELEVEN @ COLLEGE & MAGNOLIA - PDP/APU - PDP120026 - REPORTS - PETITIONT
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(4) Delivery and loading zones are located on the interior of the site where there is ample buffering to
College Avenue and Magnolia Street and the adjoining uses.
(5) The intensity and hours of the site lighting is in accordance with the Land Use Code requirements.
(6) No outside vending machines are currently proposed with the project.
(7) The number and location of off-street parking spaces proposed is in compliance with the Land Use
Code.
The request for addition of a Convenient Retail Store without Fuel to the D zoning district is specific to the
site of the proposed PDP. The Applicant does not desire that the addition of this use be considered for a text
amendment to the D zone. Such use is not specifically listed as a "Prohibited Use" in the D zone district.
(See Section 4.19(C) of the Land Use Code.)
(C) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone
district in accordance with subsection (A) above, such use shall be promptly considered for an amendment to the text
of this Land Use Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be
permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the
published text of this Land Use Code at the first convenient opportunity, by ordinance of City Council pursuant to
Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone
district, except that such use shall continue to be deemed a permitted use in such zone district for only the
development proposal for which it was originally approved under subsection (A) above.
The addition of such use is specific to the proposed site. The Applicant reiterates that the request for a
Convenience Retail Store without Fuel to be added as a permitted use to the D zoning district is specifically
for the proposed site and is the subject of the PDP submittal. The Applicant does not request consideration
for a text amendment to the Land Use Code to permanently add the use to the D zone district.
(D) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with
this Section, the Director (or the Planning and Zoning Board, if applicable) may impose such conditions and
requirements on such use as are necessary or desirable to accomplish the purposes and intent of this Land Use
Code, to ensure consistency with City Plan and its adopted components and associated sub -area plans, to prevent or
minimize adverse effects and impacts upon the public and neighborhoods, and to ensure compatibility of uses.
The Applicant believes the addition of a Convenience Retail Store without Fuel use is compatible with the
permitted uses in the D zoning district. Furthermore, the PDP submittal has been designed to ensure
compatibility and consistency with the Land Use Code and City Plan in order to prevent and/or minimize
potential adverse impacts upon the public and neighborhoods in the vicinity.
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3.5.1(F) Building Color.
The 7-Eleven building will consist of varying shades of brown and tan bricks with inlayed pattems to emphasize the
divide between the first and second stories and ground level details to keep a pedestrian scale to the building.
(Please reference the architectural elevations submitted within the PDP application.)
3.5.1(G) Building Height Review.
The building does not exceed 40 feet in height.
3.5.1 (H) Land Use Transition.
The 7-Eleven building is located in a mixed use area and is surrounded by office buildings, grocery stores, a large
sports retail uses and a bank. Although the Applicant has collaborated extensively with City Staff to develop a
carefully planned site and building layout, quality architecture and internal and perimeter landscaping, the building is
a significant addition to the surrounding developments and complements the architectural transitions and links that
currently exists in the area.
3.5.1 (1) Outdoor Storage Area / Mechanical Equipment
Trash collection will occur within enclosed trash enclosures. All other store related products (palettes, delivery totes
and containers) will be kept within the building.
(1) Loading/unloading will occur in the parking lot and storage has been integrated within the architecture of the
building. Perimeter and interior landscaping has been designed to provide a visual buffer from adjacent
developments.
(2) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical
equipment from view. Per the Code Section 3.5.1(1)(3) the utilities attached to the building will be painted to
match the surrounding building surface.
(3) Conduits, meters, etc. are proposed to be painted to match the adjacent building materials.
(4) There will be no temporary or seasonal outside storage.
(5) There will be no temporary or seasonal outside storage.
(6) The proposed roof line has been designed to include a varying parapet to screen the rooftop mechanical
equipment from view.
(7) There are no satellite dishes proposed with this project.
3.5.1 (J) Operational / Physical Compatibility Standards.
The PDP for the 7-Eleven use incorporates a number of features that will serve to ensure compatibility with the
existing neighborhoods and uses.
(1) It is proposed the 7-Eelven store will be open 24-hours a day, 7-days a week. The hours of operation are
consistent with other businesses in the downtown vicinity.
(2) The site is surrounded on three sides by public roadways and the parking lot will be located behind the
building. In addition, a significant amount of landscaping will be installed to screen the use from adjoining
uses. There will be no significant noise generated from the convenience store activities which will migrate
along the College Avenue or Magnolia Street or into the adjoining property.
(3) Trash receptacles are located in accordance with the Land Use Code requirements.
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not be considered for a text amendment under subsection (C) below and provided further that such use is not
specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located.
The addition of a Convenient Retail Stores without Fuel Facility this site would not be detrimental to the public good.
Potential negative impacts to the neighborhoods are mitigated by the carefully designed site and building layout,
building orientation and the superior quality of architecture, building materials and landscaping.
The PDP complies with the compatibility and transition standards contained in Section 3.5.1 of the Land Use Code as
follows:
3.5.1 (A) Purpose.
The Applicant has worked extensively with the City Staff as specifically relates to the site layout, architecture and
landscaping. Through a series of iterations the Application and City Staff were able to achieve a project compatibility
with the overall area development as well as sensitivity to adjacent land -uses. The site layout orients the building to
the street, contains a prominent comer entrance feature and superior architecture to replicate the old town feel in the
look of the building. Landscaping has been designed to complement the overall development and to enhance the
public street scape in order to finish off the corner in relation to the rest of the downtown area. Significant internal
landscape has been added to finish of the sides and rear of the building in order to create an attractive environment
360-degrees around the building and to provide screening from the adjoining uses.
3.5.1 (B) Architectural Character.
The architecture has been designed to complement the established architectural character of development within the
downtown area. Features including a two story structure, a variety of natural brick and other materials, building
projections, varying roof lines and glazing in order to make the building fit within the downtown look. (Please
reference the architectural elevations submitted within the PDP application.)
3.5.1 (C) Building Size, Height, Bulk, Mass, Scale.
The proposed building is similar in size and height to the buildings in the downtown area. The Applicant has work
with City Staff on the bulk, mass and scale of the building and the architecture has been designed to include building
projections, varying roof lines, building fagade articulation and varying overhangs to achieve the architectural intent,
massing and scale of similar structures found in the downtown area. (Please reference the architectural elevations
submitted within the PDP application.)
3.5.1 (D) Privacy Consideration.
The site layout was designed to keep the parking behind the building to minimizing exposure to surrounding
developments. The development will use existing access points for ingress/egress therefore traffic flow will be
improved throughout the area. The Applicant has worked with City Staff to develop a landscape plan utilizing
perimeter and internal landscaping to provide a visual buffer from adjacent developments and the street.
3.5.1 (E) Building Materials.
The architecture has been designed to complement the established architectural character of adjacent development
along College Avenue and Magnolia Street as well as to achieve the overall architectural intent of the downtown
area. Features including a two story structure, natural architectural materials, building projections, varying roof lines
and glazing". (Please reference the architectural elevations submitted within the PDP application.)
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locations. Given that the area surrounding the site is currently developed with a mix of uses (various retail
shopping, restaurants, bars and housing), a 7-Eleven convenience store use is appropriate for this property.
A 7-Eleven convenience store is a moderate intensity use and will provide convenient retail service
throughout the day and night for area residents and workers.
(2) Such use conforms to the basic characteristics of the zone district and the other permitted
uses in the zone district to which if is added;
The Applicant has collaborated with City Staff to develop a carefully planned site and building layout along
with quality architecture and landscaping that are sensitive to the surrounding developments. The proposed
building will define the comer in the tradition of the historic downtown area, will complement the existing
surrounding development and is consistent with the basic characteristics of the D zoning district and the
other permitted uses in the zone.
(3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other
objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public
health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally
resulting from the other permitted uses listed in the zone district to which it is added;
The 7-Eleven store will be a retail store only and will not contain a motor fuel facility. All waste generated by
the store will be contained within an enclosed dumpster area. There is no heat, smoke, odor, glare or other
objectionable impacts that will result from the use. Therefore, the convenience store use does not create
any offensive or objectionable influences or any adverse impacts, environmental or otherwise, than the
amount of impact that would normally result from other permitted uses in the D zoning district.
(4) Such use is compatible with the other listed permitted uses in the zone district to which it is added;
A 7-Eleven convenience store is compatible with the other permitted uses in the D zoning district and which
are commonly found in a downtown area (retail shops, restaurants bars, grocery stores, fast food
entertainment facilities large retail establishments).
(5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility;
The additional permitted use requested is not a medical marijuana dispensary or cultivation facility.
(B) Planning and Zoning Board Authority and Limitation. In conjunction with an application for approval of an overall
development plan, a project development plan, a final plan or any amendment of the foregoing, the Planning and
Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the
public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that
such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall
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January 21, 2013
Petition for Addition of Permitted Use
In conjunction with its application for approval of a 7-Eleven convenience store Preliminary Development Plan
("PDP) for a parcel of land location on the north-west corner of College Avenue and Magnolia Street, Verdad Real
Estate, Inc. ("Applicant") on behalf of 7-Eleven, petitions the Planning and Zoning Board pursuant to the Land Use
Code Section 1.3.4, to add a use (Convenience Retail Stores without Fuel Sales) to the permitted used in the
Downtown (D) zoning district. The Addition of a Permitted Use is specifically for the proposed site of the PDP and
not for consideration for a text amendment to the Land Use Code to permanently add the use to the D zone Canyons
Avenue Sub -district.
Back Ground
The site is currently owned by the Wells Fargo Bank and is being used as a parking lot. The site is undeveloped with
a gravel surface and a few mature trees. The history of the site's use has varied over the years. The last know use
on the site prior to it being used as a parking lot was a gas station. This is known due to recent environmental
remediation that has occurs for the removal of derelict underground storage tanks (UST) in order to bring the site
into compliance with current State environmental UST standards.
The Site is located in the Downtown (D) zoning district. The site is .45 acres in size and 7-Eleven proposed to build a
4,225 sf two tenant retail building with the 7-Eleven convenience store occupying approximately 3,000 St..
Compliance with Requirements of Section 1.3.4
1.3.4 Addition of Permitted Use
(A) Required Findings. In conjunction with an application for approval of an overall development plan, a project
development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the
Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in
subsection (B) below) may add to the uses specified in a particular zone district any other similar use which conforms
to all of the following conditions:
(1) Such use is appropriate in the zone district to which it is added;
The Downtown District (D) is intended to provide a concentration of retail, civic, office and cultural uses. The
development standards for the Downtown District are intended to encourage a mix of activity in the area
while providing for quality development that maintains a sense of history, human scale and pedestrian -
oriented character. In addition the Vision Statement in the Community and Neighborhood Livability
section of the 2010 City Plan, indicates a major focus of the Plan is to increase infill development to support
a mix of land uses (housing, retail, employment, etc.) and provides opportunities to grow and diversify the
economy throughout the community and for citizens to meet their retail and services needs in a variety of
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