HomeMy WebLinkAboutZ-6957-M Staff AnalysisJANUARY 26, 2009
ITEM NO.: 2
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Z -6957-M
PB AGRI Holdings, LLC
Pat McGetrick
West side of Talley Road, approximately 1,000 feet south of
Colonel Glenn Road
Lot 21, Colonel Glenn Centre Addition
C-4
Variance Requested: A variance is requested from the development criteria of Section
36-302 to allow unscreened outdoor display of merchandise.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Lawn and Garden Center
STAFF REPORT
A. Public Works Issues:
1. Since the western driveway is a shared access easement and/or the main
entrance to the development, vehicles are not allowed to back into the
shared access easement and/or main entrance in the parking lot of the
development. Please revise parking lot plans.
B. Landscape and Buffer Issues:
Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
The landscape ordinance requires a nine foot wide (9') landscape strip around
the site's entirety. A variance from the minimal requirement must be obtained
from the City Beautiful Commission prior to the issuance of a building permit.
Currently, there is parking, curb, and gutter shown on a different piece of
property; not allowed; revise.
JANUARY 26, 2009
ITEM NO.: 2 (CONT.
The landscape ordinance requires a minimum of eight percent (8%) of the
interior parking area be green space. Currently, the areas appear deficient.
The areas next to the trailer parking can easily be additional green space and
is currently, dead space.
An automatic irrigation system is required.
The parking aisle along the eastern property line is located on adjoining
property which is not allowed. This site requires twenty-six (26) parking
spaces and reflects sixty-seven (67) spaces; therefore, this entire aisle can
easily be eliminated.
Recommend the redesign of the parking lot; including the required landscape
perimeter strips; which will also help with the traffic circulation and safety.
Prior to the issuance of a building permit, it will be necessary to provide an
approved landscape plan stamped with the seal of a Registered Landscape
Architect.
C. Staff Analysis:
The C-4 zoned property located along the west side of Talley Road,
approximately 1,000 feet south of Colonel Glenn Road is currently
undeveloped. The property is Lot 21 of the Colonel Glenn Centre Addition.
The subdivision extends north, south and west of this lot, with a stormwater
detention area (separate tract) immediately to the east along Talley Road. The
lot is oriented front to back running north to south and has frontage on an
interior subdivision private access road along the north (front) property line.
The applicant is proposing to develop the lot for a lawn and garden center type
use. A one-story commercial building is proposed within the south half of the
lot as noted on the attached site plan. The proposed building will include an
outdoor garden center area along its east side. Access drives will be located
along the north property line from the subdivision access road. Paved parking
will be located between the proposed building and the subdivision access road
(north side of building). An asphalt service drive will be located on the west
and south sides of the proposed building. The building is proposed to be set
back approximately 260 feet from the front (north) property line, 87 feet from
the rear (south) property line and 25 feet from the east side property line. The
building is proposed to have no setback from the west side property line. On
November 24, 2008 the Board of Adjustment approved a variance for a
reduced building setback along the west property line.
In conjunction with the proposed project, the applicant has identified three (3)
areas on the site plan where outdoor display of merchandise is proposed. The
first, and largest, area of outdoor display is located along the east side of the
proposed building. This area is approximately 18,000 square feet in area and
will be enclosed with a coated chain link fence. The second area will be along
JANUARY 26, 2009
ITEM NO.: 2 (CON'T.
the sidewalk area in front (north side) of the store building. The final area will
be located near the front property line, along the north end of the parking area.
This area will be for larger items (equipment, tractor attachments, etc.).
Section 36-302(b)(4) of the City's Zoning Ordinance reads as follows:
(4) No article or material stored or offered for sale in connection with the
permitted or conditional uses listed herein shall be stored or displayed
outside the confines of a building unless it is so screened by a
permanent opaque screening fence or wall so that it cannot be seen
from an adjoining lot. The following screening and display criteria shall
apply to uses located in the C-4 open display district:
a. Automobile, truck, tractor, mobile home, boat or motorcycle sales
areas are not required to screen fully assembled merchandise
which is ready for sale.
b. No permanent open display will be permitted on sidewalks or public
right-of-way.
c. Automobile service stations shall be permitted open display of
merchandise commonly sold by such operations as long as the
area of said display is not taller than the building nor larger than an
area equal to one-half of the facade area of the front of the building.
d. Automobile service stations may be used for the storage of rental
trucks or trailers, provided however, the storage space shall be
paved, shall not exceed four thousand (4,000) square feet in area
and the above screening requirements are met.
Therefore, the applicant is requesting a variance from this ordinance
requirement to allow the area of outdoor display of merchandise with no
opaque screening.
Staff is supportive of the requested variance for unscreened display of
merchandise. Staff views the request as reasonable. Although the
"development criteria" section of 36-302 does require screening around
outdoor display of certain merchandise, the "purpose and intent" section (36-
302(a)) notes that "The C-4 district is also intended to provide a location for the
limited amount of merchandise, equipment and material being offered for retail
sale that, because of the type of material or transportation requirements, is
suitable for display and storage outside the confines of an enclosed building."
Staff believes that the type of merchandise that will be offered by this business
falls under this category and is suitable for display without screening.
Additionally, there are other C-4 uses in the area which offer open display.
There is undeveloped C-4 zoned property immediately to the west, with the
undeveloped property immediately east across Talley Road being designated
JANUARY 26, 2009
ITEM NO.: 2 {CON'T.
as Light Industrial on the City's future Land Use Plan. Staff believes that the
proposed area of unscreened outdoor display will have no adverse impact on
the adjacent properties or the general area, as long as the display areas are
maintained in a neat and orderly fashion.
D. Staff Recommendation:
Staff recommends approval of the requested variance to allow unscreened
outdoor display of merchandise, subject to the following conditions:
1. Compliance with the Landscape and Buffer requirements as noted
paragraph B. of the staff report. The site plan and landscape plan
submitted for building permit must reflect these requirements.
2. The areas of outdoor display must be maintained in a neat and orderly
fashion.
3. Compliance with the Public Works requirement as noted in paragraph
A. of the staff report.
BOARD OF ADJUSTMENT:
(JANUARY 26, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff with a vote of 5 ayes and 0 nays.