This is a proposed Conditional Use Permit (CUP) for a new retail building. The property is located along Eldridge Road just north of West Airport Road and next to the existing Walmart Neighborhood Market. The site is further identified as Reserve B-2C on the plat titled Airridge Center Replat No. 2. (F.B.C.O.P.R. 20160084). The CUP is required due to the proximity of the new building to the adjacent residential subdivision located directly behind the subject parcel. In August 2016, City Council approved Ordinance No. 2063 amending the Development Code, which stated that any new use located immediately adjacent to a rear property line of an existing single family lot require a CUP be approved as a residential proximity provision. The primary purpose of the ordinance is to allow the Commission and Council to examine physical characteristics of site layout and building design to assess impacts and any mitigation needed.

The proposed project consists of a 16,400 square foot one-story building with multiple tenant suites. All proposed uses for the retail building will comply with the Neighborhood Business District (B-1) zoning district requirements as to the permitted land uses. As the site abuts a residential single-family neighborhood at the rear of the property, compatibility of the building and potential mitigation measures should be closely examined by the Council

The Planning and Zoning Commission held a public hearing on the proposed CUP on September 28, 2017. One member of the public spoke with concerns regarding lighting, noise, and the ability for commercial to be located at this site. During the meeting, the Commission held discussion on the item and was able to provide overall feedback for the applicant to consider. Several key areas of feedback included:

• Provide more information regarding the rear service doors and maximum number of tenants possible in the retail building using color elevations, instead of black and white renderings.
• Provide more detail on options for proposed screening between the retail building and residential homes.
• Provide an alternate location for the refuse container so that it is not so close to the residential homes.
  
  

The applicant addressed the Commission’s suggestions and on November 14, 2017 the Commission unanimously recommended approval of the proposed CUP with conditions. The attached ordinance represents all Commission requested revisions and details of the proposed CUP. Discussions from these meetings are covered within the report.

Planning Staff and the Planning and Zoning Commission recommend approval of the proposed Conditional Use Permit to establish a new retail building with the nine following conditions:

1. The site is developed in accordance with the site plan as shown (Exhibit A).
2. The landscaping is developed in accordance with the landscaping plan as shown (Exhibit B).
3. All site or building lighting will be full cut-off and will be inspected prior to issuance of the Certificate of Occupancy (Exhibit C).
4. The building is constructed in accordance with the building and site elevations as shown (Exhibit D, E).
5. The applicant will work with the residential property owners at the rear of the site in regards to the fence and how it will be maintained.
6. The fence will face with the pickets towards the commercial property (South) in order to create easier maintenance opportunities for the commercial property owners.

Per Chapter 2 of the Development Code, screening fence installation and maintenance is the responsibility of the commercial property owner. The fencing will be required to be in place prior to a Certificate of Occupancy for the commercial building site.