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    6. 7.    
Regular City Council Meeting
Meeting Date: 01/09/2014  

Agenda Item
Public Hearing 6:30 p.m. – Planning: Consider a request for Zone Case 3199-B, a request of Marianne Moseley, PE, for Stephen Pitts, for a zoning change from C-3 and T to C-3 Specific Use on 24.815 acres of unplatted land out of Block E-2, Section 22, southeast corner of Quaker Avenue and 114th Street, and consider an ordinance.
Item Summary
General comments:
The request is to zone a tract of land to C-3 Specific Use for outside display and storage along with the configuration of a garden center.

Adjacent land uses:
N – R-1 (Residential) Specific Use Single Family housing & the corner C-3 (Stripes).
E – Transitional Vacant Land
S – Transitional Vacant Land
W– R-1 (Residential) Specific Use (Vintage) and Commercial along with CB-3

Planning and Zoning Commission (P&Z) Public Hearing Notes from December 10, 2013:
There were a number of property owners from Orchard Park and Vintage Township who expressed concerns with Wal-Mart practices. Noise, lights, and size of the development were some issues cited by citizens who spoke in opposition. There was no one who spoke in favor of the request except the proponent along with the architect and attorney.

Staff explained the impact on the Comprehensive Land Use Plan (CLUP) and that from a zoning and land use standpoint there is no difference between Wal-mart, United, Best Buy, Albertson’s or any other big box retailer that is allowed in C-3.

There were comments on effects to the storm water system and flood maps, to which staff answered that the maps were in constant change, but no major impacts were foreseen. Water runoff and flood areas would be analyzed by the Flood Administration Department and any developer either commercial or residential would need to follow all they City guidelines prior to construction.

The property is a minor change to the CLUP, because it is an expansion of the commercial area recommended by policy at the intersection of thoroughfares. There are many different factors that play a part in these variations such as economy, geography and market, different intersections of major thoroughfares have varying sizes of commercial development. The CLUP is a guideline and our most valuable tool to our zoning practices, but is able to be flexible due to different factors and specific circumstances in each case. The CLUP allows flexibility to the standard development guidelines based on factors within a development to be viewed in a case by case scenario. The request is to expand a property from the current 18.4 acres of C-3 zoning towards the south and west from to about 24.85 acres being a difference of approximately 6.4 acres. Existing 62 acres of Commercial. Proposed is 68.4, make it a quality development. The representatives from Wal-Mart are also requesting the ability to have outside/outdoor display along the front of the store, and a garden center, which is the trigger for a specific use zone case.

Impact on the CLUP:
Property owners have a vested interest, but were aware that C-3 zoning was in place since February of 2013. Staff is recommending a landscaping buffer to the north to mitigate many of the concerns from the adjacent property owners.

Based on the approval of the previous zoning, and the inclusion of a requirement for a landscaping buffer to the north, staff feels that the minor deviation from the CLUP is acceptable.

Zoning Policy:

A portion of this property, approximately 16 acres, was zoned C-3 in January, 2013. This case, for a big box retailer, was brought to the Planning and Zoning Commission (P&Z) in September, 2013 for approximately 24 acres, including the 16 acres, to be rezoned to C-3 Specific Use. The case was denied in September. After meeting with the adjacent neighborhoods, Wal-Mart’s consultant felt they had grounds to bring the case back to the P&Z and sought permission in October. Through meeting with the Orchard Park and Vintage Township neighborhoods, Wal-Mart has modified the design to meet their requests. It has been staffs understanding that with these requests met, both neighborhoods were offering support of the case. As a policy, staff and the P&Z try to take into account the existing developed areas.

Effect on the adjacent street and thoroughfare system:
The parcel, located along two major thoroughfares and should not have a detrimental effect on adjacent streets or the thoroughfare system.

P&Z Recommendation:
The P&Z recommended the request with a unanimous vote, with the following conditions:
Sign package will be reviewed per the ordinance at the time of permitting.
Staff is recommending a set of conditions for the zone case based on the discussions between the proponent and the two Homeowner's Associations within proximity.

Staff has condensed them to read as follows:
1. Tied to the proposed site plan and elevations including:
a. A 12 foot high dividing barrier (combination of berm and double masonry fence) along the north property line extending from Norwood Avenue to the east property line. Minimum 6 foot high fence to match the Orchard Park masonry fence across 114th Street to the north.
b. Landscaping will be required to be maintained with mature trees with a combination of 4 to 6 inch diameter trunks (minimum) spaced a minimum of 25 foot on center and be combined with other live landscaping. No xeriscaping will be allowed.
c. A 6 foot tall masonry (stamped concrete panel) screening fence along the south and east property line is required. The fence will be continuous and uninterrupted.
d. The Pharmacy will be located on the north end of the store while the garden center, automotive center and loading docks will be located at the south end of the store.
e. No additional driveways will be allowed at any future period in addition to the two proposed along 114th Street and the two proposed along Quaker Avenue for the development. Access to the outparcels created will not allow additional curb cuts and must be accessed through the proposed means of egress.
f. The combination of any of the four outparcels along the west property line to create a larger parcel is not permitted.
g. Main freight and delivery entrance by trucks will be limited to the south most curb cut approach along Quaker Avenue.
h. There shall be no overnight parking on any portion of the proposed parcel by anyone. Signs must be posted and meet the City standard for signs.
i. Wal-Mart will comply with all City Codes and Ordinances regarding storage containers.
j. Sign size, elevations, and locations.
Fiscal Impact
Staff/Board Recommending
Quincy White, Assistant City Manager
P&Z Commission

Ordinance - Zone Case 3199-B
Zone Case 3199-B

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