Loading...
Item 10CCity of Southlake DeDartment of Planning PROJECT STAFF REPORT March 15, 2002 Wal -Mart- Variance Request to the Outdoor Stora(e Regulations REQUEST: Variance request to the outdoor storage regulations of Zoning Ordinance No. 480, Section 43 for Wal -Mart to allow for the outside storage of bagged goods, trampolines and swing sets, being 23.003 acres located at 200 N. Kimball Avenue. ACTION NEEDED: 1. Consider Variance Request ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background information Variance Request Letter Site Plan indicating storage areas Photos of storage area Photos of storage units Photo of vending machine STAFF CONTACT: Ken Baker (481 -2046) BACKGROUND INFORMATION — Attachment A OWNER/APPLICANT: Wal -Mart PURPOSE: Variance request to the outdoor storage regulations ofZoning Ordinance No. 480, Section 43 to allow the continuation of outdoor storage of bagged goods (mulch), swing sets, lawn furniture, bird baths and trampolines in front of the building and garden center. The applicant has indicated that the storage of these items will be removed from the front of the building no later than June 30, 2002. PROPERTY SITUATION: This property is located on the northwest corner of the North Kimball Avenue/FM 1709 intersection. To the east of the site are fast -food restaurants (McDonald's, Burger King and Kentucky Fried Chicken/Taco Bell/Pizza Hut). To the north is State Highway 114, to the south is FM 1709 and to the west is the Village Center shopping center. LEGAL DESCRIPTION: Lot 2, Block 1, Farrar Addition, and being 23.003 acres. LAND USE CATEGORY: Retail Commercial CURRENT ZONING: "C -3" General Commercial District STAFF COMMENTS: A representative from the Southlake Wal -Mart has requested that City Council grant a temporary variance (March 19, 2002 to June 30, 2002) to allow for the storage of bagged goods (mulch), play equipment (swing sets /trampolines), outdoor furniture, and outdoor artwork (birdbaths). These items are currently being stored outside without screening in front of the building and garden center. Section 43.9. 4 of the Zoning Ordinance requires that all uses with ancillary outdoor storage and display of any goods, materials, merchandise, equipment, parts, junk or vehicles (over -night parking) in non - residential districts shall not be permitted unless screened by an eight (8) foot masonry wall except for those items specifically excluded in the ordinance. Current Regulations ATTACHMENT A PAGE 1 Section 43.9(c)4.f.iv of the Zoning Ordinance reads: (a) Acceptable items, merchandise or activities to be stored and display outside without screening includes those items and similar types of items listed below: 1) living plant materials; 2) bundled firewood; 3) merchandise associated with the holidays; 4) hot dog and snow cone vendors; and 5) mechanical equipment associated with lawn and garden care and maintenance (all mechanical equipment display shall be in conjunction with a promotional event shall not be stored outside more than three (3) continuous days and merchandise must be removed and returned indoors at the end of each business day). Unacceptable items or merchandise to be stored outside without screening includes those items and similar types of items listed below: 1) appliances; 2) antiques; 3) artwork; 4) automotive supplies; 5) bicycles; 6) food and drink products; 7) jewelry; 8) sporting goods; 9) swimming pools; 10) swing sets; 11) motorcycles or scooters; 12) furniture; 13) clothes; 14) storage /shipping containers; and 15) tools; 16) bagged goods such as mulch, top soil, fertilizer, play sand; and 17) empty propane tanks (must conform to standards and regulations of the City of Southlake DPS). (b) No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the front of the building intended for the egress of pedestrians along the front of the building shall be used for storage, providing that the remaining pedestrian path, sidewalk or hard surface area shall contain no less than 5' in width. (c) The storage area shall not exceed 30% of the linear frontage of the primary building. Zoning Administrator's Opinion Based on the regulations above, it is the Zoning Administrator's opinion that in order for Wal -Mart to continue to store and display bagged goods, trampolines, lawn furniture and bird baths, the City Council must grant a variance that provides for the allowance of ATTACHMENT A PAGE 2 • bagged goods, trampolines, lawn furniture and bird baths to be stored without screening. • greater than 50% of the sidewalk located in front of the garden center to be used for the storage of trampolines and swing sets. • storage areas to exceed 3 0% of the linear frontage of the primary building. Provision for City Council to Grant a Variance The Zoning Ordinance provides a provision that allows City Council to grant a variance from the outdoor storage regulations. Section 43.9.b.1 of the Zoning Ordinance reads: In addition, to receive a variance from the outdoor storage regulations in this section, the applicant must demonstrate that the variance will not substantially impair the intent and purpose of the regulations of this ordinance and one of the following: (e) Compliance will result in the destruction of an existing masonry screening device; or (f) Compliance would present extraordinary difficulties in the use of the property; or (g) Compliance would substantially impair the architectural design of structures dedicated or related to the use. The applicant's letter fails to address which of the above criteria applies to the variance request. Vending Machines There a six (6) vending (soft drink) machines located in front (south end) of the building, which are clearly visible from FM 1709. Outdoor vending machines are allowed in a C -3 zoning district; however, the machines must not be clearly visible from the public right -of -way. Also, signage on the vending machines must not be readily identifiable by type or product name from the adjacent right -of -way. Section 3 4. 1 (dd) reads as follows: ATTACHMENT A PAGE 3 Outdoor display of prepackaged ice machines and vending CS, C -1, C -2, C- machines may be stored outdoors provided that the machine(s) are 3, C -4, S -P -1, S- not clearly visible from the public right -of -way or adjacent P-2, and PUD" residential property. Signage on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacent public streets. Zoning Administrator's Opinion Zoning Administrator's opinion is that the subject soft drink machines are in violation of the provision above. Section 34 requires the applicant to seek a variance from the Zoning Board of Adjustment. In absence of a variance, the applicant must screen the machines such that they are not clearly visible from the public R.O.W. This may be accomplished by utilizing container trees as a screening device. ATTACHMENT A PAGE 4 c �� s, la i4g s, r� G l.Gr C.IJA t +AC ^ I 0 � VGYi ► A we Q ©dtQ /Ua r d� RECD MAR 01 2002 ATTACHMENT B PAGE 1 Wal- M a rt-Va ri a nce Request to the outside Storage Regulation -N♦ . R i ir { a 4 t t % A t IF y� :.. o -M a Lar-atim f, Lin Furniture Location Bagged Goods Location Trampolines, Sw ing sets and birdbaths ATTACHMENT C PAGE 1 1.,1- Mart- Variance Request to the outside Storage Regulation Location of bagged goods F Location of bagged goods Section 4 3.9.4. iv. (a) l fists bagged goods items such as mulch. top soil, fertilizer and play sand and other similar items as unacceptable items or merchandise to be stored outside without screening. ATTACHMENT D PAGE 1 F L r r Location of bagged goods Section 4 3.9.4. iv. (a) l fists bagged goods items such as mulch. top soil, fertilizer and play sand and other similar items as unacceptable items or merchandise to be stored outside without screening. ATTACHMENT D PAGE 1 1,1 -Mart- Variance Request to the Outside Storage Regulation Ln TrampolineslSwing sets located in frort cf garden cerfter TrampolineslSwing sas located in frort of garden center - Section 43.9.4. iv. (a) lists swing sets, lawn furniture and artwork and other similar items as unacceptable items or merchandise to be stored outside without screening. - Section 43.9.4. iv. (b) states that no more than 60% of the sidewalk located parallel to the front of the building intended for the egress of pedestrians along the front of the building shall be used for storage, providing the remaining sidewalk contain no less than 5' in width. ATTACHMENT E PAGE 1 VVal-Mart-Variance Request to the outside Storage Regulation Section 34.1 dd. Outdoor display of vending machines may be stored outside provided that the machines chines are not clearly Visible from the right-of-way and shall not be readily identifiable From the public P.O.W. ATTACHMENT F PAGE 1