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HomeMy WebLinkAboutZ-8373 Staff AnalysisJ U LY 28, 2008 ITEM NO_- 8 File No.: Z-8373 Owner: Melvin Magnet Revocable Living Trust Applicant: Stephen R. Giles Address: 8101 Geyer Springs Road Description: West side of Geyer Springs Road, North of Nova Lane Zoned: C-3 Variance Requested: A variance is requested from the buffer provisions of Section 36- 522 to allow a reduced land use buffer adjacent to a residential zoning. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant and Parking Proposed Use of Property: Restaurant and Parking STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: Site plan must comply with the City's minimal landscape and buffer ordinance requirements. - The zoning buffer ordinance requires a six foot nine inch wide (6-9") land use buffer along the eastern perimeter of the site (in the parking lot area located along Nova Lane) next to the residentially zoned property. The landscape ordinance requires a six foot nine inch wide (6-9") landscape strip along the eastern perimeter of the site (in the parking lot area located along Nova Lane) next to the residentially zoned property. A variance from this JULY 28, 2008 ITEM NO.: 8 (CON'T. minimal amount must be obtained from the City Buffer Commission prior to the issuance of a building permit. This site is located within the mature area of the city; therefore, these calculations take into account this factor and the minimal amounts are reflected as such. A six foot high (6) opaque fence good face side out is required along the eastern property line, next to the residentially zoned property. C. Staff Analysis: The C-3 zoned property at 8101 Geyer Springs Road is occupied by a one- story commercial building which houses a Taco Bell restaurant. A single driveway from Geyer Springs Road serves as access. to the property, with parking along the north and west sides of the building. The driveway leads to a second area of parking which also has access to Nova Lane to the south. The applicant is proposing to remove the existing restaurant building and replace it with a new building of similar size and location, as noted on the attached site plan. The existing paved parking and landscaped areas will be refurbished with the planned project. With the new building construction, the City's Zoning and Landscape Ordinances requires that the site be brought up to current ordinance standards with respect to landscape and buffer requirements. The applicant is requesting one (1) variance from the zoning ordinance requirements for the proposed redevelopment. On July 10, 2008 the City Beautiful Commission approved various variances from landscape ordinance requirements. Section 36-522(b)(3)a. of the City's Zoning Ordinance requires a land use buffer width of 6'-9" along the east side of the parking area accessed from Nova Lane. A land use buffer is required along this property line based on the fact that the adjacent property to the east (between this site and the Arby's restaurant) is zoned R-2 and contains a single family house. The applicant is proposing to maintain the existing two (2) foot buffer width along this east property line. Therefore, the applicant is requesting a variance from this ordinance standard. This is the only variance needed from the zoning ordinance with the proposed redevelopment of the property. Staff is supportive of the requested buffer variance. Staff views the request as reasonable. The applicant is proposing to maintain the same buffer width along the east property line, adjacent to the R-2 zoned property, as it currently exists. The applicant is proposing to plant additional landscaping within this buffer area. Additionally, the existing six (6) foot wood screening fence which exists along this property line will be required to be maintained. Staff feels that the JULY 28, 2008 ITEM NO.: 8 (CON'T. existing buffer width along the east property line has been sufficient. Although the property immediately to the east is zoned R-2, it is designated as "Commercial" on the City's Future Land Use plan, and will likely be redeveloped as commercial some time in the future. Staff believes the maintenance of the existing buffer width along the east property line will have no adverse impact on the adjacent property or the general area. D. Staff Recommendation: Staff recommends approval of the requested buffer variance, subject to the following conditions: 1. Compliance with the Landscape and Buffer requirements as noted in paragraph B. of the Agenda staff report. 2. Additional landscaping must be installed within the east buffer as shown on the landscape plan submitted by the applicant. BOARD OF ADJUSTMENT: (JULY 28, 2008) 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 by a vote of 5 ayes and 0 nays.