PZ 04/12/2023 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes April 12, 2023 Page 2 4. Disclosure of Ex Parte Communications No disclosures of ex parte communications were made. 5. Conditional Use Applications — None No items were presented on this agenda. 6. Future Land Use Change and Rezoning Application A. ZB 22-09 Official Zoning Map Amendment for 380 SR 436 Vice Chairman Bakalla advised that he would not be participating in the discussion or any potential vote on this matter due to a conflict of interest, and provided a properly executed Form 813, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, to the Board Secretary, a copy of which is attached to and made a part of these minutes. Staff Presentation: Planner II Antonia DeJesus stated that ZB 22-09 is a request to amend the Planned Unit Development (PUD) Agreement and Concept Plan for the Icon Commons PUD established via Ordinance 21-1553 for one parcel totaling approximately 1.04 acres located at 380 State Road (SR) 436. The subject property is generally located northwest of the intersection of SR 436 and Lamplite Way and falls within both the Community Redevelopment District (CRD) and the Oxford Park Overlay District (OPOD) and has a Major Thoroughfare Mixed -Use (MTMU) Future Land Use Map (FLUM) designation. The current zoning of the subject property is PMX-MID (Planned Mixed -Use: Medium Rise) and the request is not for re -zoning of site, but for amendment of the existing PUD Agreement and Concept Plan to provide for the development of a single -story drive-through coffee establishment. Ms. DeJesus then gave a brief overview of the item, explaining that the original approved concept plan for the ICON Commons PUD was for a six story multi -use building which included a residential component. However, that project was never initiated, and the site remains vacant, so the applicant now wishes to substantially modify the existing PUD Agreement to develop a single -story drive-through coffee establishment known as 7 Brew Coffee. Changes are usually anticipated between PUD approval and the concept plan and site plan review; however, significant modifications such as a change of use or a significant increase or decrease in impervious area are considered significant modifications to PUD Agreements and would require approval of a revised PUD Agreement and associated concept plan per the City's Unified Land Development Regulations (ULDR) Article XX. The proposed amendment PUD Agreement and revised concept plan is consistent with the City's Comprehensive Plan and conforms to the requirements in ULDR Article XX which outlines all the requirements for PUD's and their applicability. Staff is recommending approval of this item to the City Commission based on the staff report and the evidence presented that the request meets the applicable provisions of the ULDR and is consistent with the City's Comprehensive Plan. Discussion: Discussion ensued regarding the proposed intensity of the concept; previous plans and discussions of more intense projects proposed on the subject property; concerns related to whether the proposed project would be an underutilization of the site; the potential impact of the project on traffic and surrounding residential areas; and the substantial length of time the subject property has remained vacant. John Rogers, P.E., Crafton & Tull, 928 Airport Road, Hot Springs, Arkansas, was present representing the applicant 7 Brew Coffee, and gave a brief overview of the concept for 7 Brew Coffee and how the business