Zone Change #932: This is a zone change from Residential 7,000 (R-70) to Community Commercial (CC) on the north 36,000 square feet of Lots 2 & 3, Pierce Subdivision. The total area of the property includes lots 1 and 2 of Block 2, in Robbins Subdivision and is a total of 1.72 acres. Only the northern 36,000 square feet is proposed for this zone change. The property is located at 808 Grand Avenue. A pre-application neighborhood meeting was held at 805 Alderson Avenue on December 18, 2014.

The Planning Division recommends approval and adoption of the findings of the 10 criteria for this zone change.

OWNER: 808 Grand, LLC (Max Griffin)
AGENT: David Mitchell
LEGAL DESCRIPTION: Lots 2 and 3 of Pierce Subdivision
ADDRESS: 808 Grand Avenue
CURRENT ZONING: R-70
EXISTING LAND USE: Vacant
PROPOSED USE: Commercial and retail service
SIZE OF PARCEL: 36,000 square feet

None

The subject property has been zoned R-70 since the current city zoning was adopted in May 1972. The surrounding subdivisions and lots have submitted zone changes from residential zoning to commercial zoning several times in the past 43 years but primarily during the late 1970s when Grand Avenue was developing retail and service businesses west of 8th Street West. Five of the 6 zone changes in the area were submitted during that time. Two were approved, 2 were withdrawn and 1 was denied by the City Council. The denied zone change was for the northeast corner of Broadwater Avenue and 8th Street West from R-70 to Neighborhood Commercial (NC) for a proposed new convenience store.

NORTH:	Zoning: CC Land Use: Professional offices, Off the Leaf Café
SOUTH:	Zoning: R-70 Land Use: Church and school
EAST:	Zoning: NC Land Use: Billboards, service businesses on Grand Avenue
WEST:	Zoning: R-70 Land Use: Single family residence

The applicant is proposing to re-zone the northern 36,000 square feet of Lots 2 and 3 of Pierce Subdivision on the south west corner of the Grand Avenue and 8th Street West. The property includes additional land to the south where an existing church and school building are in the process of re-use as a Montessori School. The northern portion of the property has the vacant parsonage home that is slated for demolition. In addition, there is a private access easement from 8th Street West to Lot 4 of Pierce Subdivision (residence of Fred Pierce). The proposed zone change will not extinguish this access easement. There is commercial zoning on the north side of Grand Avenue and on the east side of 8th Street West from Grand Avenue to the alley. There is residential zoning to the west and south. If the zone change is approved, and commercial development occurs, special development criteria will apply to ensure screening, buffering and protection of those adjacent properties. These criteria and standards include lighting, signage, and screening of mechanical equipment to reduce noise.

The adjacent streets, Grand Avenue and 8th Street West, are classified as a principal arterial and collector street, respectively. Grand Avenue carries about 16,000 vehicles per day and 8th Street West carries about 6,000 vehicles (2014 Traffic Count). The traffic counts at this location have remained stable for the past 10 years. Any new access to the property other than the existing approach from 8th Street West will be controlled by the City Engineering Division. The owners do not have a proposed development or buyer for the property at this time. The proposed CC zone could allow a variety of commercial ventures such as retail services, restaurants, gas station, car wash, bar or casinos as well grocery stores and mixed residential and commercial uses. Any on-premise liquor service with gaming would require a special review approval. Any drive through food service would also require special review approval.

The applicant conducted a pre-application meeting on December 18, 2014. The meeting notes and attendance sheet are attached to this report. One of the issues discussed was the existence of an underground spring that possibly runs parallel to Grand Avenue then south and east through properties on Alderson Avenue and Burlington Avenue. The Planning staff is working to verify the location and existence of this spring. Any development of the property will need to ensure the spring or groundwater is accounted for during planning for foundations and storm water control. No surrounding property owners contacted Planning staff after the mailed notices were sent for the Zoning Commission hearing.

Planning staff is recommending approval of the zone change and adoption of the findings of the 10 criteria for this zone change. The property is situated at the intersection of an arterial street and a collector street where over 22,000 vehicles pass by each day. The property is primarily vacant with one unused structure and the driveway to the adjacent residence at 824 Grand Avenue. The applicant is proposing to retain the residential zoning on the south to prevent encroachment of intense commercial uses on the neighborhood on Alderson Avenue. The proposed zoning is compatible with the zoning to the north and east. Special criteria are in place (Section 27-612.e) to ensure adjacent residential zones to the south and west are protected from noise, lighting, traffic and other typical commercial site characteristics that may infringe on the quiet enjoyment of those residential properties. The location is within the city limits and is underutilized and the proposed re-zoning supports the city's Infill Policy.