Title
AN ORDINANCE APPROVING THE COMMONS AT 104TH 2ND AMENDMENT PUD ZONE DOCUMENT AMENDMENT TO ALLOW ADDITIONAL LAND USES, INCLUDING SIT DOWN RESTAURANTS WITH A DRIVE THRU, EV CHARGING STATIONS, AND RETAIL STORES FOR PLANNING AREA A CONSISTING OF 6.97 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF EAST 104TH AVENUE AND POTOMAC STREET
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Summary & Background
The original Commons at 104th PUD Zone Document was approved by City Council in 2008. In 2022, City Council approved an amendment to the zone document to allow multi-family residential in the southern planning area. A condition was added by the City Council as part of the approval in 2022. The condition states that no more than 50% of the multi-family residential units in Planning Area B can be occupied until at least 25% of the commercial frontage along 104th is under vertical construction. This condition can be found as a note on Sheet 5 of the PUD Zone Document and will remain in place as part of this amendment.
The proposed amendment will allow retail stores less than 25,000 square feet by right and retail stores greater than 25,000 square feet with a Conditional Use Permit. This amendment will also define and distinguish fast food restaurants from sit down restaurants. A fast food restaurant is defined as having the ability to order food in a drive thru lane. A sit down restaurant would only allow the ability to order food inside the restaurant. However, a drive thru may be utilized to pick up a call-in/mobile order. Sit down restaurants with a drive thru are permitted by right but fast food with a drive thru is a Conditional Use Permit. EV Charging Stations are also being proposed as a requirement for a fuel sales use.
PUD Zone Document approval criteria - Land Development Code Section 21-3251(3)
A PUD zone document may be approved only if:
(a) The PUD zone document is consistent with the policies and goals of the comprehensive plan, any applicable adopted ar...
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