CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT NOVEMBER 18, 2015 AGENDA BUCKY S CONVENIENCE STORES SPECIAL USE PERMIT SUP

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1 I. GENERAL INFORMATION A. APPLICANT: Jeffery Guyette 7315 Mercy Road Omaha, NE CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT NOVEMBER 18, 2015 AGENDA BUCKY S CONVENIENCE STORES SPECIAL USE PERMIT SUP B. PROPERTY OWNER(S): Michael J. Hogan, 818 Tara Plaza, and Tara Hills Villas, Inc. C. LOCATION: Generally located at the NE Corner of 84 th Street and Hogan Drive. D. LEGAL DESCRIPTION: SW portion of Tax Lots A1B1A, A1B1C, and A1B1D, and all of Tax Lot A1B1B, Section 23, T14N, R12E. E. REQUESTED ACTION: Approval of a Special Use Permit to allow Food Sales (Convenience). F. EXISTING ZONING AND LAND USE: The site is zoned as a CC, Community Commercial District and has already been developed for commercial use. G. SIZE OF SITE: Approximately 1.81 acres. II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Comprehensive Plan and the pending update to the Comprehensive Plan designate the area as Commercial. B. EXISTING CONDITION OF SITE: The site currently includes two preexisting commercial-use buildings. The westerly building was previously occupied by a Radio Shack and an insurance company. The easterly building is currently occupied by a tailoring business and a dentistry office. C. GENERAL VICINITY AND LAND USE:

2 2 The proposed site, which is generally located at the northeast corner of 84 th Street and Hogan Drive, would occupy a corner of a larger commercial area already zoned CC (Community Commercial) and known as Tara Heights. The portion of Tara Heights to the north of the proposed site is already developed with a mix of commercial uses. The area directly to the west of the proposed site on the opposite side of N. Washington Street (84 th Street) is also zoned CC (Community Commercial) and includes the Papillion Target along with other developed commercial uses. The adjacent property located to the south on the opposite side of Hogan Drive is zoned R-2 (Single-Family Residential (Medium Density)) and is developed as a neighborhood consisting of single-family residences. The property to the east of the proposed site is also part of the Tara Heights commercial development and includes a mix of commercial uses. The property further east beyond the Tara Heights commercial development is zoned R-4 (Multiple-Family Residential) and includes multi-family housing. D. RELEVANT CASE HISTORY: A final plat subdividing Lot 439, Tara Heights, located in Section 23, Township 14 North, Range 12 East, Sarpy County, Nebraska was approved by the Papillion City Council on January 18, The applicant for that request was Mike Hogan Realty Company, 818 Tara Plaza, Papillion, NE E. APPLICABLE ORDINANCES AND REGULATIONS: Papillion Zoning Regulations and the Comprehensive Plan. Additional regulations are also cited in the staff comments below. III. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. This is a request for approval of a Special Use Permit to allow Food Sales (Convenience) as a permitted use in a previously developed commercial area zoned CC (Community Commercial). The proposal includes a convenience store, gasoline pumps, and a carwash. If the requested Special Use Permit is approved, applicant intends to demolish two existing commercial buildings to construct the proposal shown in the attached Conceptual Site Plan. B. LAND USE/COMPREHENSIVE PLAN: 1. The proposal is in conformance with the Future Land Use designation of Commercial. C. GENERAL COMMENTS: 1. Applicant s Special Use Permit ( SUP ) application includes a Conceptual Site Plan as an attachment. Because the attachment is conceptual in nature, the City of Papillion ( City ) requires that a full, detailed site plan and elevations be submitted to City as part of the November 18, 2015 Planning Commission SUP

3 3 building permit review process in the event applicant s SUP is approved. 2. Applicant s proposed project area includes more than one existing tax lot. Current assessor data indicates that Tax Lots A1B1A, A1B1C, and A1B1D, Section 23, T14N, R12E are owned by Tara Hills Villas, Inc., whereas Tax Lot A1B1B, Section 23, T14N, R12E is owned by Michael J. Hogan. Accordingly, applicant must update the SUP application to reflect the property owner information for both of the aforementioned owners and applicant must also obtain and submit to City signed Letters of Acknowledgement from both owners which authorize applicant to submit the SUP application at issue. 3. The aforementioned tax lots must be platted. Although the SUP application only pertains to a portion of the tax lots, the plat needs to include all of the Tara Heights tax lot area to ensure that no remainder pieces are left over. While the platting process does not need to be completed before the SUP is presented at City Council, it must to be completed prior to the issuance of a building permit. Ingress/egress easements will need to be addressed as part of the platting process to ensure that Bucky's and Tara Plaza have the access and connectivity needed for the sites to function. 4. The setbacks are shown incorrectly on the Conceptual Site Plan. When the lot is platted, Hogan Drive will be the shorter frontage, which will make it the front yard, and 84th Street will be the street side yard. (The proposed site plan is compliant with the corrected setbacks.) 5. Applicant s project, as proposed, will require the demolition of existing buildings. The applicant will need to obtain the appropriate demolition permits from the Building Department. 6. The proposal includes reconstruction of the access drive, a new right turn lane at Hogan Drive, and sidewalk improvements along N. Washington Street, all of which will require permit approval by the Nebraska Department of Roads ( NDOR ) which has jurisdiction because N. Washington Street is also N-85 Highway. 7. The right turn lane at Hogan Drive appears to conflict with the pole base and mast arm for existing north bound traffic signal heads. Relocation of the north bound signal heads must be coordinated with NDOR, proper permits must be obtained, and relocation costs shall be the responsibility of applicant. 8. Existing ADA ramp and sidewalk configuration along 84th Street shall be the responsibility of the applicant. Timing of construction and sidewalk closures should be considerate of fact that that the proposed site includes a heavily traversed school/pedestrian route. 9. An ADA accessible sidewalk route needs to be provided from the main building ingress/egress doors to public right-of-way (ROW). The ADA sidewalk route must not exceed 2% cross slope or 5% running slope without the use of ramps with railings and landings. 10. Based on the Conceptual Site Plan, the proposed drive connection to Hogan Drive seems excessively wide. Papillion follows the City of Omaha Driveway Design Guidelines which indicates commercial drives connecting to local streets should not exceed 30.0 ft. in throat width. Additionally, the drive returns should be limited to a 20.0 ft. radius. If the applicant has concerns regarding semi-trailer turning movement, November 18, 2015 Planning Commission SUP

4 4 those concerns should be indicated and discussed with City for any potential allowances. 11. Applicant must coordinate with the Omaha Public Power District ( OPPD ) to determine whether OPPD would have any concerns with the proposed landscaping and its proximity to existing overhead electrical. In most new development/redevelopment areas, City has been requiring power to be relocated underground. Additionally, City requires confirmation that the mandatory landscaping along 84 th Street will be provided by applicant. Based on the Conceptual Site Plan, the proposed landscaping seems insufficient. A minimum 15.0 ft. landscape buffer is also required along the Hogan Drive lot line. The buffer is shown on the site plan and is reduced from 30.0 ft. because Hogan Drive separates the two zoning districts. 12. Although headlight screening is not strictly required between the residential district and the commercial district in this instance because the two districts are separated by Hogan Drive, said screening should be provided in this particular situation given the close proximity of neighboring residential houses and the elevation changes between the properties. 13. The open ditch along N. Washington Street has been problematic and unmaintained by the current property owners. Storm sewer piping or additional open channel repairs will be required at the time of the building permit application to resolve the over-lot runoff, at least to the extent of the new lot frontage. 14. Based on the Conceptual Site Plan, it appears that the parking field for the remaining building east of the proposed Bucky s will need revisions to adequately provide access and parking along Hogan Drive. 15. Applicant must identify the proposed dumpster pad location and proposed screening. The location of vacuums, air pumps, the car wash exit and dryers, etc. must also be identified to ensure that they are located interior to the commercial district rather than by the residential district. 16. The proposed location for Automated Teller Machine ( ATM ) should be identified on all site plans. 17. It should be noted that the Civic, Office, and Commercial Design Guidelines and the Highway Overlay Design Guidelines apply to this location. Additionally, applicant must agree to be bound by the following convenience store canopy design criteria, which is consistent with the standard criteria included in Mixed Use Development Agreements. 1. Canopy Design. The Convenience Store Canopy must be designed to be in harmony with the main store in form, use of materials and coloring. 2. Canopy Roof. a) The roof may be pitched, flat or be a combination of pitched and flat depending on the architectural elements of the main store. b) Pitched roofs shall be between 4:12 and 8:12 with roofing materials that match the main store s sloped roofing materials. c) An architectural detail shall be applied to the horizontal edges of flat roofed canopies. November 18, 2015 Planning Commission SUP

5 5 d) Canopy coloring shall be neutral in appearance and consistent with the main store. Bright attention grabbing colors are not permitted. 3. Columns. Masonry consistent with the main store shall be utilized, at minimum, on the bottom eight (8) feet of canopy columns. 4. All under canopy lighting shall be recessed to the extent that any light fixture and lens shall not extend beyond the underside of the canopy. The fixture, bulb, and lens must be flush or recessed. 18. Per (B), it should be noted that auto-washing facilities must abide by the following regulations: a. Each conveyor-operated auto-washing facility shall provide 100 feet of stacking capacity per washing lane on the approach side of the washing structure and stacking space for two vehicles on the exit side. b. Each self-service auto-washing facility shall provide stacking space for three automobiles per bay on the approach side and one space per bay on the exit side of the building. 19. If the SUP is approved, applicant must abide by City s sign regulations, as set out in Papillion Mun. Code, ch. 205, art. XXXVII. 20. Applicant indicated in his SUP application that he does not object to a renewal period. However, given the significant financial investment contemplated by the proposed project, staff recommends that the SUP, if approved, be granted on a permanent basis and not subject to a renewal period requirement. D. FINAL COMMENTS: 1. As already discussed, applicant seeks an SUP to allow Food Sales (Convenience) as a permitted use in a previously developed commercial area zoned CC (Community Commercial). The proposal includes a convenience store, gasoline pumps, and a carwash. According to City s Municipal Code, the stated purpose of the Community Commercial District ( CC District ) is intended for commercial facilities that serve the needs of markets ranging from several neighborhoods to the overall region. (Papillion Mun. Code, ch. 205, art. XIV, ). The proposed Convenience Store would seemingly fits these criteria. However, Papillion Mun. Code also identifies that [w]hile permitted commercial and office uses are generally compatible with nearby residential areas, traffic and operating characteristics may have... negative effects on residential neighborhoods... Given the close proximity of the Tara Heights neighborhood to the proposed Bucky s convenience store, special attention should be given to the possible impact the proposal would have on traffic in the vicinity and the neighborhood s expectations regarding light and sound. However, many of these concerns can be mitigated with appropriate access control, traffic signaling, lighting restrictions, and landscaping. Additionally, when considering the neighborhood s expectations, the preexisting high-traffic commercial component of the area should also be taken into account. November 18, 2015 Planning Commission SUP

6 6 2. Staff recommends approval of the SUP contingent upon applicant agreeing to the following conditions: a. Applicant shall provide written responses to the Planning Commission Staff Report Comments, #1-20, prior to the issuance of the SUP. b. Applicant shall obtain Letters of Acknowledgment from the owners of the tax lots included in the proposed SUP development area. c. Approval of the SUP does not constitute approval of construction. Applicant shall obtain the appropriate permits through the Building Department and Planning Department prior to construction. d. Applicant shall submit a full, detailed site plan and elevations to City as part of the building permit review process. e. Applicant shall agree, to adhere to the specific convenience store canopy design criteria and headlight screening identified above. f. Any deviation from the site plan and/or building elevations approved with this SUP, and determined to be a major amendment by the Planning Director, will require resubmittal and re-approval of the SUP. g. Applicant shall coordinate with NDOR and OPPD and obtain all necessary approvals prior to the issuance of a building permit. h. Tax Lots A1B1A, A1B1B, A1B1C, and A1B1D, Section 23, T14N, R12E must be platted prior to the issuance of a building permit. i. The SUP shall not contain a renewal period requirement or a transfer restriction. j. The SUP shall expire two years after issuance if applicant has not started the building permit process within that timeframe. IV. RECOMMENDATION Approval based on: 1. The proposed land use is consistent with the zoning, and 2. The proposed land use is compatible with the surrounding uses. The recommendation for approval is contingent upon the applicant agreeing to comply with the conditions set out under Section (III)(D)(2) of this staff report. V. COPIES OF REPORT TO: Applicant Public upon request VI. ATTACHMENTS: Special Use Permit Application Conceptual Site Plan Bucky s SUP Exhibits Report prepared by: Mark Stursma, AICP Planning Director City of Papillion November 18, 2015 Planning Commission SUP

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14 drawn by: checked by: approved by: QA/QC by: project no.: drawing no.: date: DNF SHEET BUCKY'S TARRA PLAZA CONCEPTUAL SITE PLAN PAPILLION, NEBRASKA 2015 REV. NO. DATE REVISIONS DESCRIPTION REVISIONS 2111 South 67th Street, Suite 200 Omaha, NE TEL FAX R