Board of Zoning Appeals - Regular Meeting

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Provided over a total of 10 minutes to present objections. Courses are yours in support. 10 minutes to present any comments in support. Any individual should be allowed a maximum of 30 minutes. The person representing the group or organization should be allowed a maximum of five minutes. The petitioner shall only be given five minutes or more. Thank you for your assistance in facilitating

I move we accept the July 21st meeting minutes

We have none. Okay.

We have public comment.

Is there anyone who wishes to address the board? Board, we want to We have no other members who would like to do this. This is SD 26-027 Rochelle.

Thank you Mr. Turner, members of the board. SD 2602 is a request for special exception to allow for a drive-thru facility within tier 1 of the US 36 zoning overlay. Can we just go to the next slide for a minute?

Nope.

There we go. How about the next one, Anthony?

Next one. Got it.

How about the next one, Anthony? This property is located at the northwest corner of US 36 and Shiloh Crossley Drive in lot 7B in Shiloh Crossley. It's just over a half day. So you can see a kind of, it's a little blurry. If you prefer to look behind the markets, I can point you up there. But properties here, as I said, Northwest Orange, I went across in the U36. You have Mount Maureen up here to the east.

You have a commercial strip center just west of this vacant site. And then you have the Avon Rain that comes in flowing northwest to southeast, right behind.

north of where this first development would occur. And that waterway actually would be relocated just a little bit to the north to better allow for development of the site. This is an overview of the comprehensive plan and different focus areas in the plan. So this red area is what's called revitalization. But this is just a revitalization district of the comp plan. And I'm going to refer over to the screen behind Marcus, just because it's a lot easier to distinguish between the red and the orange. So the site here, again, at 36th and Shiloh-Crossman, the red area designates commercial Basically, retail office development areas. The orange are mixed use, the yellow are residential. This is in the commercial designation area. This area, the whole Charlotte-Frossing development area was planted back in 9600 County. This subject site was originally part of Lot 7. As I alluded to, the Avon Drain stream that abuts the site to the north was a subject of a development plan review approval last year to slightly relocate that stream to allow a better, larger, developable area for the site. And there was a special exception that was filed last year, very similar to what you have before you today. We did not have to carry that because it was withdrawn. And then as I mentioned there was a minor flat which reconfigured lot seven and the common area into two lots and a common area. So basically if you're looking at the screen here, the subject site is outlined in blue as well as this strip center was all lot seven and this is a common area here. So the flat broke this apart to make the strip center Law 7A. Don't ask me why there's a parcel line through the middle of Law 7A. I don't have a good answer for that. Probably something that happened when it was under county jurisdiction. But this vacant parcel here is now Law 7B, which is the subject of the proposal before evening tonight. Drive-thru facilities are, as you know, are only permitted in Tier 1 in the U.S. 36 overlay after a grant of special exception by this board this drive-thru facility would be for a coffee shop seven brew is the um the user that would occupy that site at this time the site received access um from either shallow crossing or us-36 via a private street that's to the northern side and then access easement this private street here and then the drive that goes through lot 17 to get to this side or you can come around this side right now it's currently posted that you're supposed to only enter on the left side of the building and exit on the I'm not sure why they set it up that way. The width of the drive aisle there appears to meet standards for two-way traffic. They're going to modify that so that this is posted for two-way traffic. Traffic doesn't have to come around this way to get over here. This is a view of the site facing west from Shiloh Crossing Drive. So this vacant ground is where the Tri-Center Coffee Shop would be developed and then there's the strip center in the background.

This is just looking back the other way facing east from the parking lot.

So this is basically where traffic would come in and essentially go around the building and come back out this way. That's just facing north from the site. That's a look at the Avon Green that There is work to be done there to shift that a little bit to the north so that there's enough space to develop the site. Again, that all has been approved by the Planning Commission. That's just a look at the access he's meant through Block 7A. So that's facing north towards the private street. And we have been told that that's going to be re-striped to allow two-way traffic. This is the site plan. So again, kind of backing out. This is that access easement through lot 7A that then goes to the private street back here that you know you didn't shadow across the drive. Or you can wrap around to the west over US 36 that way. So traffic would come in here, actually access lot 7B here, go around the building with the two drive-through lanes. have a pickup area here and then you can back out so for a special exception you have four required findings in the udo and then you have three other optional findings that you're also allowed to consider running through those the first is generally that it not be detrimental to the public the second is not injurious to use of properties in the vicinity or substantially diminish their property values. The third, that the site be adequately served by public facilities. The fourth, that it not create additional expenses for public facilities and detrimental economic welfare or result in structural loss or damage of natural scenic or historic features. And the three optional findings are to try to ensure that it meets the standards of the UDO and that it's have a compatible relationship with adjacent properties and neighborhoods that it may get adequate provisions for public services and protect open spaces and further the amenities of light air recreation visual enjoyment and finally that it aligned with the objectives of the comprehensive plan so running through those the first one again the proposed use would not be detrimental to public's health Just sharing again, it will be used by the parcel. It's staff's opinion that this proposed drive-thru would not be likely to negatively impact the public. They meet the requirements for staffing space.

They have additional space on site beyond what is required.

It should not have an impact, you know, to negative impact to the public. The second finding that the proposed use would not be injurious to use and enjoyment of other property in the immediate vicinity or substantially diminishing their property value in the specific zoning district. Just in case it will increase property values. We have no, we don't know if it will increase property value. It would not be likely to negatively impact the adjacent properties in any way or impair property values. The third required finding that be adequately served by central public facilities and services such as highways, streets, police and fire protection, drainage structures, requisition of water and sewer in schools. The petitioner indicates that that is true. It's also staff's opinion that the existing public facilities and services are adequate to serve this proposed development. fourth require finding that not create additional excessive additional requirements of public expense for public facilities and services or be detrimental to economic welfare of the community or result in destruction loss or damage to a natural state or historic feature of major importance petitioner does not believe it would have any such impacts um staff agrees don't believe that it would be harmful to that welfare of the community and although our pedestrian plan does propose that there be a trail along the avon train we don't believe the development of this site would impair the ability to have that future trail construction on the other side of the waterway from the development through the common area that exists there. So we believe that finding is met. Moving on to the three optional findings. The proposed special exception would meet the requirements and standards of its ordinance and its relationship and compatibility with adjacent properties and neighborhoods would be appropriate.

While a full technical review of compliance with all the standards in the UDO happens

Our initial review of the conceptual site plan submitted with this special exception indicates that it appears to be compliant with the UDO. And we also believe it would be compatible with surrounding nearby uses, which are generally commercial retail, automobile oriented type development. Second, optional findings that make adequate provision for public services, provide added control over vehicular traffic, provide support and protect us in a common open space further than anything like an air recreation and visual enjoyment, which is quite a lot. Again, I talked about how it means access from a public street network via both first through an easement, now through easement through the apartment block and then private street. So it does provide additional human space beyond the required sagging spaces. So we would anticipate that it can accommodate peak business times and adequately control traffic and not have a problem there for public services. there is a designated common area or open space across the waterway to the north which will remain so that would be protected we don't feel like this would have any real negative impact on life or air or recreation and additional enjoyment so we do believe that findings met and then finally that brings us to the requirement in the line of the general objectives and comprehensive plans And as I touched on, the site is located within what the new comprehensive plan labels as the revitalization district focus area. And the focus area does encourage overall transformation of the corridor into a collection of mixed use districts. And if I can kind of just go back and elaborate on that just a little bit. so the whole reason this was created as a focus district was i'd say two reasons there so for the although the us-36 commercial area most of it is occupied um we don't have a lot of vacant spaces as far as empty storefronts and such the first thing is the recognition that with the shift to online commerce, it's likely that we may not have as much need for all of these larger retail spaces in the future. So we want to plan for what might come in the future. And then additionally, even with all those spaces being occupied, you see that there are a lot of sort of underutilized spaces. Like for example, if you're looking at the map and you see this orange rectangle south of 36. This is basically all the excess parking area in front of the strip that has Target in it. So that's why some of these areas were recommended on the plan specifically for mixed use, such as that area that's already underutilized, whereas others are just kind of outlined for commercial development because there's opportunities already for some of those spaces that could fill in and be used more intensely. All of that is to kind of say that the plan isn't that everything along this corridor would turn into a mixed-use, walkable, pedestrian-oriented type area, as opposed to the last time you were looking at a special exception in what we call the Gateway District, we're looking at that area actually Redefining as a cohesive one cohesive pedestrian friendly work compact mixed use district in this revitalization revitalization district area we anticipate that there will be certain places in the future, whether that's that excess parking area in front of Target where maybe a mixed-use development would occur, or maybe it would be another commercial building that at some point goes vacant and there'd be a mixed-use development that would go there. But it's not that every single site would necessarily be expected to be a compact, mixed-use, pedestrian-oriented type of development. So just kind of wanted to distinguish that a little bit from the last special exception that occurred. And so for that reason, with this particular site being recommended for commercial slash office development, we do think that the proposed drive-thru coffee shop would align with the objectives of the comprehensive plan so we do find that seven findings would also be met and so we do find that all seven findings would be met and therefore we do recommend approval of the special exception just uh just subject to substantial compliance with the site plan

I do like the, from a safety standpoint, a lot of the times when we're talking about these coffee shops and smaller retail type of place, one of the things that are going to be busy, one of the things that comes up is traffic and the safety issue. The fact that this is, even though it's on a main intersection or on a main corridor, the access to it is on a private road that and the structure of the location encourages safer driving i get it i don't know if that makes sense but because of where it's located and how you get into it um i think that that's i do wonder um if that intersection at shiloh crossing and what's the name of that part of the group

I, Shiloh. Something. Yeah, something.

I mean, I look at that and I wonder if eventually that's not going to be a good place for a roundabout. That's not something we need to decide or talk about here. But, you know, everybody dreams properly, so I think it's a good location. And I agree with the staff's recommendation, but thank you for your advice.

Yeah

There's a use, I mean, I don't know what was there on the east end of the building. There's clearly a remnant of what was the drive-thru at some point. Right now it's a veterinary office, so I'm not sure what was there in the past. Yeah, it's the Pet Wellness Clinic, but you can't really see very well in this picture, but there was some type of drive-thru.

it would have to it would have to exactly match the previous protocol and because they're changing the drive lanes for this development so we would require a new specialist

military engineers one zero five zero five um Now we've been dealing with the white river that it will go up by going to the court. So I think everybody will be partnering together in their office. I just want to kind of hear about the situation. I don't think I had much to learn. We already got a 7-brew in town, so you kind of know what the shift is for 7-brews. three o'clock there's the second shift you'll get your next round of uh people getting coffee um i stopped and got one but published it other than that this has been an ongoing situation keith has been very difficult it's nice to be supposed to have that wall built like three months ago so we've been in accomplished back back back back so um Other than that, if there's any other questions about this open room or the site, we'd be happy to get any questions.

Well, this location, the east, you're calling it east? Yes. East and west?

That's number two.

Nahuatlaca?

There is a slider where like the one out front. So there's a slider. I would say 99.9% of faculty don't use that. Maybe it goes to the drive-thru. it's not like that close where you do have a lot of fun dedicated but that required more parking it was it requires more parking thank you

So yes to the log out, right?

Yes, there is a door there. It's on the non-graphic science supplier. Take it over if you want to get a copy or a lot more.

And that's what our case goes on, right? Yes.

Because we have a whole conference in the basement. So I think we have something on our site. It's on the description. Hopefully, we bring clientele through the description. That's the plan.

Is it? Is it?

I worked with him in 91 and . I'll just say I'm 100% . We won't break ground .

groundwater what we've been hearing as we go out on the back of it and all the roads in that back will hold like a second so there's a lot of groundwater so there's no more discussion i move that we approve sc26427 ruchino a special inception to allow for a drive-through facility in the tier one the u.s highway 36 avoid district because it will meet all the requirements for a special exception under state law subject to be adopted is do you have any other business or anything else you could cause any investments your next meeting on september 15th uh we have not had anything so it will very likely be canceled we're looking for emails from being posted today to verify that thank you