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HomeMy WebLinkAboutZ-5258-F Staff AnalysisFILE NO.: Z -5258-F NAME: Service King Revised Short -form PD -C LOCATION: Located at 12208 West Markham Street DEVELOPER: Electric Guard Dog, LLC 121 Executive Center Drive, Suite 230 Columbia, SC 29210 SURVEYOR: Landon Christopherson 2950 N. Green Valley Parkway #213 Henderson, NV 89014 AREA: 1.36 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING PROPOSED USE VARIANCEIWAIVERS BACKGROUND: NUMBER OF LOTS: 1 P D -C Auto body repair Revised PD -C FT. NEW STREET: 0 LF Allow the placement of an electric fence around the perimeter of the site. None requested. In January of 1995 (January 16, 1995) a Short -form PD -C was approved for a one-story retail building containing approximately 7,553 square feet by the adoption of Ordinance No. 17,084. The approved tenant for the site was ABRA Auto Body and Glass Shop. Access to Lot 1 was from West Markham Street via a 25 -foot drive through Lot 2. FILE NO.: Z -5258-F (Cont. 01 PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting to amend the previously approved PD -C, Planned Development Commercial, to allow the placement of an electric fence along the sites northern, eastern and western perimeters. The applicant has stated there is adequate lighting on the site but since the business sits so far off the main road and is surrounded by heavy vegetation and trees crime continues to be a problem. According to the applicant for the past year the business has been getting victimized by crime nearly every weekend. In addition a new restaurant is being constructed in front of this business which will further obstruct the view from West Markham Street. Presently the Zoning Ordinance allows electric fences to be installed, operated or maintained only on industrially zoned properties with approved areas of outdoor storage or display. The business, Service King, is an auto repair service center with highly desirable supplies, inventory and equipment that has been experiencing an explosion in crime. The applicant has indicated the electric fence will be installed to comply with all the requirements of the Zoning Ordinance as allowed in industrial zones. EXISTING CONDITIONS: The site is occupied by an automotive repair business. The northern boundary of the site is the Rock Creek and the western boundary includes a large electrical transmission line. The former automobile sales building has been converted to a retail building with multiple tenants. A restaurant is currently under construction directly in front of the auto repair business. Other uses in the area include shopping centers to the east and south. West of the site is Home Depot and Target, a convenience store and a tire shop. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received an informational phone call from an area property owner. All property owners located within 200 -feet of the site along with the Birchwood Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (December 9, 2015) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. Staff stated the applicant was seeking to place an electric fence around the perimeter of the site. Staff stated this type fencing was allowed within the industrial zones but not within commercial zones. Staff stated the amendment to the PD -C would only involve the allowance of the electric fencing. There was no further discussion. The Committee then forwarded the item to the full Commission for final action. 2 FILE NO.: Z -5258-F (Cont_ E. ANALYSIS: There were no outstanding technical issues in need of addressing related to the site plan from the December 9, 2015, Subdivision Committee meeting. The applicant is requesting approval of a revision to the PD -C, Planned Development Commercial, to allow the placement of electrified fencing on this property. There are no other modifications proposed for the previously approved PD -C zoning. Section 36-516 outlines the specifications for placement of electric fences on a site. The ordinance states No electric fence shall be installed, operated or maintained except as provided as follows: a. Electric fences shall be constructed, maintained and operated in conformance with the specifications set forth in International Electrotechnical Commission Standard [No.] 60335-2-76. b. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No. 60335-2-76. c. Electric fences shall be completely surrounded on the side facing the property exterior by a nonelectrified fence or wall that is not less than six (6) feet in height and at least six (6) inches from the electric fence. d. Electric fences may be installed, operated or maintained only on industrial zoned properties with approved areas of outdoor storage or display. e. Electric fences shall be clearly identified with warning signs that read "Warning—Electric Fence" or similar terms and which are posted at intervals of not more than fifty (50) feet with at least one (1) sign on each exterior perimeter side of the fence. f. Each electric fence must have a switch or other approved device on the outside in the gate area to disarm the entire electric fence (for police and fire department access). g. No electric fence shall be installed until after certification from the planning and development department that the plans for the fence meet the requirements of this subsection and a permit is obtained for the fence. The applicant is seeking approval to allow the placement of the fence as allowed in industrial zones. The applicant has indicated the fencing is necessary to deter theft. The auto repair business cannot keep all the damaged vehicles inside the building and the placement of the additional fencing will deter the criminal activities currently taking place. 3 NO.: Z -5258-F (Cont. Staff is supportive of the applicant's request. The fencing will be installed as allowed within the industrial zones of the City. Within the industrial zoning district this type fencing is allowed for areas of outdoor storage or display. Staff does not feel the fencing as proposed will have any adverse impact on this development or of abutting properties. F. STAFF RECOMMENDATION - Staff recommends approval of the requests to amend the previously approved PD -C to allow the placement of electric fencing as allowed per Section 36-516. PLANNING COMMISSION ACTION: (JANUARY 7, 2016) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requests to amend the previously approved PD -C to allow the placement of electric fencing as allowed per Section 36-516. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. 4 ITEM NO.: 11. Z -5258-F NAME: Service King Revised Short -form PCD LOCATION: located at 12208 West Markham Street Planning Staff Comments: 1. Provide notification of the property owners located within 200 -feet of the development including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than December 23, 2015. The Office of Planning and Development must receive the proof of notice no later than December 31, 2015. — Provided. 2. The fence will comply with the minimum ordinance standards as established allowing fencing within the industrial zones. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, December 16, 2015.