HomeMy WebLinkAboutMinutesZBA MINUTES
July 18, 2000
AGENDA ITEM NO. 6: Consideration of a parking variance at 2300 Earl
Rudder Freeway, lot 2, block 1, Sutton Place Subdivision. Applicant is Tom Bevans,
Jr.
Staff Planner Laauwe stepped before the Board and presented the staff report. Ms.
Laauwe told the Board that the variance is to allow for redevelopment of a site in
compliance with the Wolf Pen Creek Plan. Nightclubs are required to have one parking
space for every 50 square feet. The proposed nightclub has a total of 13,171 square feet,
for a total requirement of 264 parking spaces. The applicant is proposing to provide
parking for cars, motorcycles and bicycles. The Zoning Ordinance, however does not
consider motorcycle and bicycle parking towards the off-street parking requirement. The
applicant has proposed the following parking:
183 spaces for cars 1 for every 72 sq. ft. (31% variance)
33 spaces for motorcycles
10 spaces for bicycles
226 total spaces proposed 1 for every 58.27 sq. ft. (14.4% variance)
While the Board may take in consideration the proposed motorcycle and bicycle parking,
the variance must be based on the number of spaces for automobiles. Thus, the applicant
is seeking a variance to the off-street parking regulations by the amount of 81 parking
spaces (31%).
The applicant is proposing to redevelop the existing Wolfe Nursery site with a nightclub
that will feature dining, a sand volleyball court, bar and stage. Due to the increase in
intensity of the use, the parking requirement for the site has risen substantially. The
Wolf Pen Creek Corridor Design Review Board (DRB) has met regarding the Roosters'
plan and has given strong opinions that they favor a parking variance that would allow
for more landscape vegetation rather than the placement of additional parking spaces.
The Planning & Zoning Commission will be the approving body of the final site plan.
The DRB wishes to limit the amount of surface parking in favor of landscaping and trails
that will eventually connect the various entertainment and restaurants along the corridor.
The City has hired a Code Consultant and is in the process of reviewing several sections
of the Zoning Ordinance. Parking requirements within the zoning district is one area that
may be revised.
The owner also owns the abutting properties, making it possible to reconfigure the lots to
add the required parking and landscaping. The Board may also grant a variance less than
the requested amount (0-81 spaces).
Ms. Laauwe ended her staff report by showing the Board pictures of the property.
Mr. Lewis asked what is the parking ratio for a restaurant. Ms. Laauwe replied that it is 1
for 100 sq. ft. because a drive through is being proposed.
Ms. Kuenzel stepped before the Board and offered clarification to the parking. Ms.
Kuenzel told the Board that she had been working with the applicant since the beginning
and she would be glad to answer any questions. Ms. Kuenzel told the Board that parking
for retail is 1 per 250, which is one fifth of a nightclub -parking requirement. The parking
requirement for a nightclub is 1-50. It is half that for a restaurant with a drive through.
Chairman Bond opened the Public Hearing.
Clint Schroff, representative for the applicant, stepped before the Board and was sworn in
by Chairman Bond. Mr. Schroff told the Board that both the applicant and landowner
where in attendance and he encouraged the Board to ask them any questions.
Mr. Hill asked what the allowed occupancy of the building will be. Mr. Schroff that he
could not answer that at this time. They are going specifically on square footages for
parking.
Paul Clarke, the landowner, stepped before the Board and was sworn in by Chairman
Bond. Mr. Clarke explained to the Board that when the application was turned into for
ZBA consideration, it was prior to the DRB meeting. Since that time the site plan has
changed. The phase 2 parking lot was for the adjacent property. The DRB asked that the
phase 2 parking be shown now. The existing site plan shows the phase 2 parking to the
west. Since then an alternative parking lot to the south side was planned which would
bring the parking up to a night club ratio. The DRB asked them not to put that parking in
but instead landscape it. Mr. Clarke told the Board that as a developer they did not want
a "sea of concrete" at the focal intersection of Wolf Pen Creek Mr. Clarke ended by
telling the Board that the surrounding property owners that were notified, are different
partnerships but essentially they are the same partners. So it would be very easy to come
up with a parking agreement that all concerned parties would agree to.
Mr. Richards asked how many automobile parking spaces are there in phase 2. Mr.
Clarke replied that it was an additional 30 spaces to the west.
There were continued discussions with the Board and Mr. Clarke concerning the parking
and the hours of operation.
Mr. Hill made the motion to authorize a variance to the parking requirements from the
terms of this ordinance as it will not be contrary to the public interest, due to the
following special conditions: granting this variance will allow maximum flexibility to the
Wolf Pen Creek Corridor Design Review Board to develop the area in the manner that
they prefer; and because a strict enforcement of the provisions of this ordinance would
result in unnecessary hardship to this applicant being: more surface parking would be
required which would reduce the area available for landscaping and trails which is
desired by the city; and such that the spirit of this ordinance shall be observed and
substantial justice done subject to the following limitations: a variance of 81 parking
spaces will be granted allowing a requirement of 183 parking spaces for the proposed
13,171 square foot nightclub. Mr. Sheffy seconded the motion.
Mr. Richards asked what all was planned in the 13,171 square feet of the building. Ms.
Kuenzel referred to the site plan and told the Board that it would include anything
enclosed in the building i.e. meeting rooms, restrooms, any kitchen space and outside
serving areas. It does not include the volleyball courts.
Board voted (4-0-1). Chairman Bond abstaining from voting.