Summary This application is a request by Brian Cassidy, P.E., of CPH, Inc., applicant and agent for Wal-Mart Stores East, LP, property owner, for a Variance Permit from Section 6.8.3(E)(2) of the City’s Land Development Regulations (LDRs), to reduce the number of required pedestrian connections between the on-site pedestrian circulation system and the adjacent public sidewalk or greenway network, as required by Section 7.3.2(C).
The applicant has submitted a companion Site Plan application for the construction of a ±158,562 square foot large-scale retail establishment, with associated parking, stormwater management facilities, utility infrastructure, and supporting site improvements (the Site Plan and Staff Report for the Site Plan application are included within the materials attached to this item). The applicant has also submitted two (2) companion Special Exception Permit applications: (1) for a large-scale retail establishment greater than or equal to 80,000 square feet of gross floor area; and (2) for automobile repair and servicing. The Site Plan application and Special Exception Permit applications were submitted concurrent with and concurrently reviewed with this Variance Permit application.
Section 6.8.3(E)(2) of the City’s LDRs requires single-tenant retail sales and service uses greater than or equal to 20,000 square feet in area to comply with Section 7.3.2(C). Section 7.3.2(C) requires all multiple-family and nonresidential developments to provide at least one improved pedestrian connection between the on-site pedestrian circulation system and the adjacent public sidewalk or greenway network, with an additional connection required for each additional five acres of development area. For the proposed development, seven (7) connections would be required.
Section 6.8.3(E)(2) of the City’s LDRs states:
Section 6.8.3 Design standards for single tenant retail sales and service uses greater than or equal to 20,000 square feet.
(E) Pedestrian circulation.
(2) Pedestrian pathways. The on-site pedestrian circulation system shall comply with the standards in Subsection 6.1.10(A), Required improvements, and Subsection 7.3.2(C), Connection.
Section 7.3.2(C) of the City’s LDRs states:
7.3.2 Sidewalks.
(C) Connection. All multiple-family and nonresidential development shall provide at least one improved pedestrian connection between the on-site pedestrian circulation system and the adjacent public sidewalk or greenway network, with an additional connection required for each additional five acres of development area.
The applicant contends that the proposed development is incapable of compliance with the preceding due to the limitations of the site and the ability to provide connections to the public sidewalk system.
The proposed development would provide sidewalks from US Highway 441 to the subject property, along “Entrance Road”, “Seller Road 1”, and the extension of NW 151st Boulevard. Staff has proposed a condition (Proposed Condition #1, reference Exhibit "A" of the attached Staff Report) which would require additional pedestrian connections to be provided between the proposed development and the existing sidewalk system. Proposed Condition #1 would require the applicant to provide sidewalks along “Seller Road 2”, and to provide funding to the City for a sidewalk along the south side of NW 151st Boulevard from the existing terminus of the NW 151st Boulevard to the location of an existing sidewalk at the intersection of NW 151st Boulevard and NW 148th Drive. These connections would increase connectivity and enhance pedestrian access to the proposed development. Please reference the Staff Report for this application (attached hereto) for illustrations which depict the existing and proposed sidewalks, as well as the additional sidewalks and pedestrian connections that would be required by Proposed Condition #1.
Section 2.4.7(C)(4) of the City's LDRs establishes standards with which all zoning variance permits must be found to be compliant. These standards include:
- Extraordinary and exceptional conditions pertaining to the particular piece of land for which the variance is sought do not generally apply to other land or structures in the vicinity;
- The special circumstances are not the result of the actions of the applicant;
- The granting of the variance will not confer any special privilege on the applicant that is denied to other lands or structures in the same zone district;
- Strict application deprives use;
- The granting of the variance is the minimum action that will make possible the reasonable use of the land or structure which is not contrary to the public interest;
- The authorization of the variance will not result in substantial detriment to adjacent land; and,
- The granting of the variance will be generally consistent with the purposes and intent of these LDRs and the public interest.
The application has been reviewed for compliance with the standards of Section 2.4.7(C)(4). An evaluation and findings of the application's compliance with the standards of Section 2.4.7(C)(4) is provided in the Staff Report.
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