HomeMy WebLinkAboutZ-5926 Staff Analysis_ - - ,_December -27, 1994
Item No.: 5
File No.:
Owner
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Proyerty:
Proposed Use of Property:
Staff Rexaort
A. Engineering Issues:
Z-5926
Bailey Corporation; Pavilion
in the Park
8201 Cantrell Road
Part of the NW 1/4, SE 1/4, Section
26, T -2-N, R -13-W
C-3
A variance is requested from the
off-street parking requirements of
Section 36-502 to permit a
reduction in the number of required
on-site parking spaces. A 64,328
square foot shopping center
requires 285 parking spaces; 201
spaces are provided.
The use mixture of businesses
within Pavilion in the park has
changed so that less parking spaces
are required.
Three story, office/commercial
center
Same
None, related to this issue.
B. Staff Analysis:
At the time Pavilion in the Park was developed, it was
envisioned to be an upper -scale development containing a
mixture of exclusive retail shops and restaurants. That
vision was never fully realized and for a time the center
had a substantial vacancy rate.
Under the new owners, the occupancy of the center has
changed to a mixed use development containing 49% office,
39% retail, 10% restaurant and 2% storage. This mixed use
concept has proved very successful, resulting in near
complete occupancy.
"December 27, 1994 -
Item No.: 5(Cont.)
To meet the parking requirement at the time Pavilion in the
Park was constructed, a detached parking lot was constructed
across Andover Court, to the east. A new, commercial
development is currently under construction at the site of
this detached parking lot. The loss of this detached lot
leaves Pavilion in the Park with only the 201 on-site
parking spaces which encircle the building.
It is the applicant's contention that the change in the use
mix of the occupants of Pavilion in the Park has
substantially reduced the parking requirement. Indeed, by
calculating the parking requirement based upon the occupancy
percentages presented by the applicant, a total of 229 on-
site spaces are required. This number is considerably
closer to the 201 spaces actually provided on-site.
Staff feels that this proposed 28 space variance is
reasonable and supports the request with the understanding
that the percentages of retail and restaurant occupancies
are not to exceed those presented by the applicant.
C. Staff Recommendation:
Staff recommends approval subject to the square footage of
leasable retail space not exceeding 39% of the gross floor
area or 25,087 square feet; and the square footage of
leasable restaurant space not exceeding 10% of the gross
floor area or 6,432,square feet.
BOARD OF ADJJSTMENT.: (DECEMBER 27, 1994)
Susan Tinker was present representing the Bailey Corporation.
There were no objectors present. Staff presented the item and a
recommendation of approval subject to the square footage of
leasable retail space not exceeding 39% of the gross floor area
or 25,087 square feet; and the square footage of leasable
restaurant space not exceeding 10% of the gross floor area or
6,432 square feet.
Ms. Tinker stated that she understood the conditions and offered
no additional comments.
Chairman Borchert asked Kenny Scott, of the Zoning Code
Enforcement Office, if these conditions would present an
enforcement problem. Mr. Scott responded that enforcement would
not be a problem as long as the conditions are in the minute
record.
A motion was made to approve the parking variance with the
conditions as recommended by staff. The motion was approved by a
vote of 7 ayes, 0 noes, 1 absent and 1 open position.
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