PD157-CS 960709 (4)REASON FOR RECOMMENDING APPROVAL OF PD
WITH REDUCED LANDSCAPING
VALLEY RANCH PLAZA
Within the previous 2 years, City Council had approved Special Use Permits for a Schlotzsky's,
Arby's and SpeeDee Oil Change on the property. The plan submitted for the 19,200 square-foot
building for retail and restaurant use, plus the 3,278 square-foot l~l[Donalds, provides a more
unified and, therefore, better design solution.
The Planned Development District stipuhtes that landscaping shall comply with Section 34 of
the Zoning Ordinance. However, because granting the applicant's request requires an ordinance
amendment, Council can amend the ordinance as it sees fit, provided that the legal requirements
for hearings and notices are met.
Staff was willing to recommend reduction of the area of landscaping required, ff the
landscaping within the area provided exceeded current requirements. The reason is that the
property had been platted in 1987 and replatted in 1992, prior to enactment of the landscaping
requirements of May, 1993. Under vested rights statutes, the applicant could contend that for
any retail or industrial use not requiting a special use permit, only the landscaping requirements
in place in 1992 would apply. Also, by rezoning to a PD, a great number of less desirable uses
are eliminated in exchange for the landscape area concessions.