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<br />RELATIONSHIP TO SURROUNDING AREA <br /> <br />The site is surrounded by CD Commercial Downtown properties to the northwest, south and west. <br />P Professional Office and P (PD) Professional Office (Planned Development) are found to the <br />northeast and east of the site. Uses along E. 14th Street are downtown commercial uses and uses <br />along Juana Avenue are primarily medical office. Uses along Dolores Avenue include an office use <br />immediately adjacent to the site, with single family residential uses beyond. <br /> <br />BACKGROUND <br /> <br />The subject property is the closed Albertsons site, and is one of the opportunity sites identified in <br />the Downtown Transit-Oriented Development (TOD) Strategy. Albertsons closed at this location <br />on September 8, 2005. Norcal AI, LLC submitted a plan for a mixed-use project built around the <br />grocery store in February of 2006. This application was withdrawn on May 10, 2006. An <br />application for a Grocery Outlet was submitted on July 11, 2006. Prior to this application being <br />deemed complete, an urgency ordinance was passed which placed a moratorium on discretionary <br />actions for any opportunity site within the Downtown TOD Strategy Area. The moratorium is in <br />effect until November 6, 2007, or when the Strategy has been adopted and new zoning and general <br />plan amendments are in place, whichever occurs first. <br /> <br />On March 19, 2007, Grocery Outlet submitted a letter to the Planning Manager, stating their <br />Grocery Outlet application should be considered a neighborhood grocery store, not a supermarket. <br />On April 16, 2007, Planning Manager Debbie Pollart responded that the City has consistently <br />treated stores similar in size and product mix to the Project as supermarkets, rather than as <br />neighborhood stores. On April 24, 2007, Red Mountain Retail Group appealed the determination of <br />Planning Manager Pollart. On May 1, 2007, Zoning Enforcement Official William Shock <br />confirmed Planning Manager Pollart's determination that Grocery Outlet would be considered a <br />supermarket. On May 3, 2007, Grocery Outlet and Norcal AI, LLC filed an appeal of the <br />administrative decision of the Zoning Enforcement Official. Appeals of the Zoning Enforcement <br />Official, under Article 28, may be referred to either the Planning Commission or the Board of <br />Zoning Adjustments. As the Board of Zoning Adjustments would hold a public hearing on a <br />Conditional Use Permit application, it was determined that the Board of Zoning Adjustments would <br />be the appropriate body to hear the appeal. <br /> <br />DETAILS OF THE PROPOSAL <br /> <br />The applicants are proposing that their application for a Grocery Outlet of 25,620 square feet at <br />1550 E. 14th Street is a neighborhood grocery store and a permitted use in the CD Commercial <br />Downtown District. <br /> <br />ST AFF ANALYSIS <br /> <br />Grocery Outlet has proposed locating a 25,620 square foot store at 1550 E. 14th Street which is <br />located in the City's CD Commercial Downtown District. Grocery Outlet contends that their <br />application is small vis-a-vis the current industry standard for supermarkets and is therefore more <br />akin to a neighborhood grocery store than a supermarket. To this end Grocery Outlet reasons that <br /> <br />BZA Staff Report <br />PLN2007 -00029 <br /> <br />June 7, 2007 <br />Page 20f4 <br />