ZONING AMENDMENT, & SUBDIVISION STAFF REPORT Date: May 17, 2007 APPLICANT NAME SUBDIVISION NAME LOCATION Christopher J. Nix, Agent Mobile Central Subdivision 2570, 2590, & 2598 Government Boulevard (Northeast corner of Kreitner Street and Government Boulevard Service Road) CITY COUNCIL DISTRICT District 5 PRESENT ZONING PROPOSED ZONING AREA OF PROPERTY R-1, Single-Family Residence, B-2 Neighborhood Business & B-3, Community Business B-3, Community Business District 1-lot/14.6+ Acres CONTEMPLATED USE Retail Store It should be noted, however, that any use permitted in the proposed district would be allowed at this location if the zoning is changed. Furthermore, the Planning Commission may consider zoning classifications other than that sought by the applicant for this property. REASON FOR REZONING Applicant is requesting rezoning to eliminate split zoning to accommodate uses associated with retail sales. TIME SCHEDULE FOR DEVELOPMENT Within 6 months ENGINEERING On plat show minimum finished floor elevation of lot touched by x-shaded flood zone. Must comply with all storm water and flood control ordinances. Any work performed in the right of way will require a right of way permit. TRAFFIC ENGINEERING Driveway number, size, location, and design to be approved by Traffic Engineering ALDOT and conform to AASHTO standards. Any changes to Government Boulevard will require approval from Traffic Engineering and ALDOT. The developer submitted a traffic impact study and it was reviewed by ALDOT and Traffic Engineering. The developer has agreed to work with ALDOT and the City of Mobile in - 1 -
coordinating the new signal into a coordinated system from Pinehill Drive to Pleasant Valley Road. URBAN FORESTRY Property to be developed in compliance with state and local laws that pertain to tree preservation and protection on both city and private properties (State Act 61-929 and City Code Chapters 57 and 64). FIRE DEPARTMENT Building shall comply with 508.5 Fire Hydrant Systems & Appendices B, C & D of the 2003 IFC. REMARKS The applicant is requesting Rezoning and Subdivision Approvals to allow a big box retail store and to create one legal lot of record from five metes and bounds parcels. The 14.6+ acre site is currently developed with an 110,000 square foot (Old K-Mart) building, a 20,000 square foot hotel and a television repair shop on five metes and bounds parcels. Adjacent to the North is a strip of land approximately 65-feet wide zoned R-1, Single-Family Residential adjacent to Eslava Creek for possibly future improvement to the Eslava Creek, North of the site is an R-1, Single-Family Residential district; to the West of the site is the proposed Florida Street Extension, the proposed major street as illustrated on the Major Street Component of the Comprehensive Plan. Across Government Boulevard from the site is the location of the Greyhound Bus Lines terminal zoned B-3, Community Business, and across Kreitner Street are several existing businesses varying from a bar/lounge to warehousing. As stated in Section 64-9. of the Zoning Ordinance, the intent of the Ordinance and corresponding Zoning Map is to carry out the comprehensive planning objective of sound, stable and desirable development. While changes to the Ordinance are anticipated as the city grows, the established public policy is to amend the ordinance only when one or more of the following conditions prevail: 1) there is a manifest error in the Ordinance; 2) changing conditions in a particular area make a change in the Ordinance necessary and desirable; 3) there is a need to increase the number of sites available to business or industry; or 4) the subdivision of land into building sites makes reclassification of the land necessary and desirable. Subdivision review examines the site with regard to promoting orderly development, protecting general health, safety and welfare, and ensuring that development is correlated with adjacent developments and public utilities and services, and to ensure that the subdivision meets the minimum standards set forth in the Subdivision Regulations for lot size, road frontage, lot configuration, etc. The site is depicted as commercial on the General Land Use Component of the Comprehensive Plan, which is meant to serve as a general guide, not a detailed lot and district plan or mandate for development. Moreover, the General Land Use Component allows the Planning Commission and City Council to consider individual cases based on additional information such as the classification request, the surrounding development, the timing of the request, and the appropriateness and compatibility of the proposed use and zoning classification. - 2 -
Conditions are changing in the area. Several adjacent properties to the North and South of the site were+ approved by the Commission and adopted by the Council for rezoning from R-1 to B- 3 in 2002, and from R-1 to B-2 in 2005. However, a down zoning has also approved by the Commission and adopted by the Council from B-1 to R-1 across Eslava Creek in 2001. The site fronts Government Boulevard, the proposed unimproved Florida Street Extension, both major streets on the Major Street Plan component of the Comprehensive Plan, with an existing right-of-way of 250-feet along Government Boulevard and 100-feet along the proposed Florida Street Extension in compliance with the plan. The site also has approximately 490-feet frontage along Kreitner Street, a minor street with sufficient (50-feet) right-of-way. The proposed Subdivision will create one lot with approximately 780-feet of frontage onto Government Boulevard and approximately 490-feet along Kreitner Street. Due to the frontage and location of the development, it is recommended that the development be limited to two curbcuts onto Government Boulevard, with the size, design and location to be approved by Traffic Engineering and ALDOT and conform to AASHTO standards, and that the site be allowed one curb cut to Kreitner Street, with the size, design and location to be approved by Traffic Engineering. As illustrated on proposed site plan submitted with the application, use of the site, including the demolition of the existing structure, dumpster screening, buffer requirements, landscaping and tree planting requirements must comply with all applicable municipal codes and ordinances. RECOMMENDATION Rezoning: Based upon the preceding, the Rezoning request is recommended for Approval, subject to the following conditions: 1) completion of the Subdivision process; 2) the development is limited to two curb-cuts onto Government Boulevard, with the size, design and location to be approved by Traffic Engineering, and ALDOT, and conform to AASHTO standards, and limited to one curb cut to Kreitner Street; with the size, design and location to be approved by Traffic Engineering; 3) the denial of access to the future Florida Street; 4) the provision of screening the dumpster with a minimum 6-feet high solid wooden fence; 5) full compliance with the tree and landscaping requirements of Section 64-4.E. of the Zoning Ordinance; and 6) full compliance with all other municipal codes and ordinances. Subdivision: Based upon the preceding, the Subdivision request is recommended for Tentative Approval, subject to the following conditions: 1) placement of a note on the Final Plat stating that the development is limited to two curb-cuts onto Government Boulevard, with the size, design and location to be approved by Traffic Engineering, and conform to AASHTO standards and limited to one curb cut to Kreitner Street; with the size, design and location to be approved by Traffic Engineering, 2) the denial of access to the future Florida Street; and 3) full compliance with all other municipal codes and ordinances. - 3 -
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