PETITION NO. 2006ZM-0034 NFC

2006VC-0135 NFC

 

Project:                                  Kroger Fuel Center

 

Location:                                Old Alabama Road/ Haynes Bridge Road

                            

Applicant's Intent:                To modify condition 2.a. to revise the site plan and a 7-part concurrent variance as follows:

 

                                                            Part 1 - Allow changeable copy signs on 2 walls (street facing wall & parking pedestrian wall).  (Article 33.5.F.5)

 

                                                            Part 2 - Reduce number of required parking spaces from 672 to 641. (Article 18)

 

                                                            Part 3 - Allow four (4) wall signs for gasoline island. (Article 12E.6.F)

 

                                                            Part 4 - Allow signage to exceed 5% of applicable wall area for Kroger Gasoline island by increasing sign square footage on wall (1) as shown on submitted site plan from 4 square feet to 49.72 square feet. (Article 12.E.6.I)

 

                                                            Part 5 - Allow signage to exceed 5% of applicable wall area for Kroger Gasoline island by increasing sign square footage on wall (2) as shown on submitted site plan from 4 square feet to 49.72 square feet. (Article 12.E.6.I)

 

                                                            Part 6 - Allow signage to exceed 5% of applicable wall area for Kroger Gasoline island by increasing sign square footage on wall (3) as shown on submitted site plan from 7 square feet to 10.7 square feet. (Article 12.E.6.I)

 

                                                            Part 7 - Allow signage to exceed 5% of applicable wall area for Kroger Gasoline island by increasing sign square footage on wall (4) as shown on submitted site plan from 7 square feet to 10.7 square feet. (Article 12.E.6.I)

                                                                                                                       

Existing Petition No.:  Z86 -0163 NFC

 

Existing Zoning:          C-1 (Community Business)

                                                 

Owner:                                   CH Realty III/ Haynes Bridge, L.L.C.

                                     

Applicant:                              CH Realty III/ Haynes Bridge, L.L.C.

                                     

Representative:                    Mark Trego

 

Department of Environment and Community Development

Recommendation

 

WITHDRAWAL: 2006ZM-0034 NFC

WITHDRAWAL: 2006VC-0135 NFC ALL PARTS

 

 

Board of Commissioners Meeting

October 4, 2006

 

DEFERRED FOR 30 DAYS

 

The Board of Commissioners deferred this petition for 30 days to allow the applicant to amend the petition to additional concurrent variances for signage for the proposed fuel island.

 

THIS WILL BE THE SECOND PUBLIC HEARING BEFORE THE BOARD OF

COMMISSIONERS.

 

 

 

Conditions To Be Modified:

 

2.         To the owner's agreement to abide by the following:       

 

            a.         To the Site Plan received by the Zoning Department on December 12, 1986 and to submit to the Director of Public Works for his approval, prior to the approval of a Land Disturbance Permit, a revised Site Plan based on a certified boundary survey of the property and incorporating the stipulations of these conditions of zoning approval and meeting or exceeding the requirements of the Zoning Resolution.

 

Planning Analysis:

 

The subject site is the existing Kroger Shopping Center located at the intersection of Old Alabama Road and Haynes Bridge Road.  It is zoned C-1 (Community Business) pursuant to Z86 -163 NFC for retail, service commercial, office and accessory uses at a maximum density of 9,000 gross square feet of floor area per acre zoned for an approximate total of 157,293 square feet of floor area.   

 

Condition 2.a.

 

The applicant is proposing to revise the site plan by adding a Kroger Fuel Island in front of the shopping center within the parking lot along Old Alabama Road.  Staff notes that the fuel island will occupy space that is currently developed with parking spaces and three tree islands.  The revised site plan indicates that the tree islands will be relocated behind the fuel center.  

 

Concurrent Variance 2006VC-0135 NFC

 

The applicant is requesting a 7-part concurrent variance to reduce the number of required parking spaces; allow a changeable copy sign; and to increase the sign square footage on the gasoline island.

 

Parts - 1& 3 through 7 (requests for additional signage including a changeable copy sign, and increase in sign square footage)

 

The applicant indicates in the revised Letter-of-Intent submitted to the Department of Environment and Community Development on October 6, 2006, that the current signage requirements does not allow for adequate advertising for the price of gasoline.  Located within the Northeast Overlay District, signage for the gasoline island is dictated by Article 12.E.6.I which states that wall signs shall not exceed 100 square feet or 5% of the applicable wall area, whichever is less. 

 

The applicant is also requesting a concurrent variance to Article 33.5.F.5 to allow changeable copy on a wall sign to reflect changes in gas prices.  The applicant has also applied for a concurrent variance to Article 12E.6.F to increase the number of wall signs per business from (2) two to (4) wall signs.

 

 Part -2 (Reduction of parking spaces)

 

The applicant is also requesting a reduction in parking spaces from 672 to 641 to accommodate the gasoline island. This results in a decrease of 31 spaces.    

 

CONCLUSION:

 

On October 25, 2006, Staff received a letter from the applicant requesting withdrawal of the modification and concurrent variance requests.  Therefore, Staff recommends WITHDRAWAL of the modification to condition 2.a. and all (7) seven parts of the concurrent variance.

 

However, should the Board of Commissioners approve this petition as recommended by the applicant; the Conditions should be revised to read as follows:

 

2.         To the owner's agreement to abide by the following:

 

a.         To the Site Plan received by the Zoning Department on December 12, 1986 and to submit to the Director of Public Works for his approval, prior to the approval of a Land Disturbance Permit, a revised Site Plan based on a certified boundary survey of the property and incorporating the stipulations of these conditions of zoning approval and meeting or exceeding the requirements of the Zoning Resolution. To the revised site plan received by the Department of Environment and Community Development on August 24, 2006.  Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. The applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.(2006ZM-0034 NFC)

 

3.         To the owner's agreement to the following site development considerations:

 

     n.         Allow changeable copy sign to reflect fluctuating gas prices. (2006VC-0136 NFC, Part 1)

 

            o.         Provide 641 parking spaces. (2006VC-0136 NFC, Part 2)

 

            p.         Allow four (4) wall signs for gasoline island. (2006VC-0136 NFC, Part 3)

 

            q.         Increase total sign square footage on wall (1) as shown on the submitted site plan to 49.72 square feet. (2006VC-0136 NFC, Part 4)

 

            r.          Increase total sign square footage on wall (2) as shown on the submitted site plan to 49.72 square feet. (2006VC-0136 NFC, Part 5)

 

            s.         Increase total sign square footage on wall (3) as shown on the submitted site plan to 10.7 square feet. (2006VC-0136 NFC, Part 6)

 

            t.          Increase total sign square footage on wall (4) as shown on the submitted site plan to 10.7 square feet. (2006VC-0136 NFC, Part 7)