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PLANNING COMMISSION REPORT Regular Public Hearing Item |
PC Staff Report
09/28/05
ITEM NO 18: USE PERMITTED UPON REVIEW FOR NEW HORIZONS TAE KWAN DO STUDIO; 3200 CLINTON PARKWAY (PGP)
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STAFF RECOMMENDATION: Planning Commission forward the Use Permit Upon Review to the City Commission with a recommendation for approval, based upon the findings of fact presented in the body of the Staff Report and subject to the following conditions:
1. Execution of a Site Plan Performance Agreement. 2. Provide the following revisions to the UPR site plan: a. Reflect the correct position of the 100 year floodplain on this property. b. Show the existing CATV cable line which continues east along the south property line and then north along the east property line. c. A shared cross access easement for the shared driveway with the property to the east needs to be obtained and graphically shown. Show the recorded book and page number for the cross access easement. d. For Site Summary, change “Lot 4” to “Lot 6B”. e. General Note referencing the FEMA FIRM Panel and date. f. General Note that “A revised site plan is required for review and approval prior to construction of future improvements.” g. Dimension of parking aisle, west of the existing 7 parking spaces. 3. An approved flood plain development permit will be required prior to any grading or fill placed on the property and prior to the issuance of a building permit.
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KEY POINTS · The southeastern portion of the property is within the 100 year floodplain. · A floodplain development permit will be required. |
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ASSOCIATED CASES/OTHER ACTION REQUIRED · Approval of UPR-08-04-05 by City Commission. |
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PUBLIC COMMENT RECEIVED PRIOR TO PRINTING, · No public comment has been received as of the writing of this report. |
Current Zoning and Land Use: RO-2 (Residence-Office) District; Vacant Lot.
Surrounding Zoning and Land Use: RO-2 (Residence-Office) District to north and west; Existing Child Care Facility to the north and Office Buildings to the west.
RS-2 (Single Family Residential) District to the east and south; City Property/Floodplain drainage to the east and Single family residential to the south.
Reason for Request: Proposed studio for the teaching of Tae Kwon Do.
I. ZONING AND USES OF PROPERTY NEARBY
Staff Finding – The surrounding area is zoned RO-2 (Residence-Office) and RS-2 (Single Family Residential) District with office buildings located to the west, child care facility to the north, vacant city owned floodplain property to the east, and single family homes to the southwest.
II. CHARACTER OF THE AREA
Staff Finding –The subject property is located at the end of a cul-de-sac. The cul-de-sac is located south of Clinton Parkway and contains eight office buildings and a child care facility. The southeastern portion of this lot is within the 100 year floodplain. The 100 year floodplain continues to the east on vacant property owned by the city.
III. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED
Staff Finding – The proposed use will not alter the base zoning district. The proposed use is permitted in the Residence-Office District subject to approval of a Use Permitted upon Review.
IV. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED
Staff Finding – The subject property is a vacant lot that was platted in 1981 as part of the Clinton Parkway Office Park.
V. EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY
Staff Finding – The proposed use will not alter the base zoning districts. The proposed use is located within an existing office park subdivision which is located along the south side of Clinton Parkway.
Anticipated impacts to nearby property by the Tae Kwon Do Studio will be an increase in traffic along the cul-de-sac. The traffic study identified 132 trip ends on an average week day and 16 trips in the PM peak hour.
VI. RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS
Staff Finding – Approval of the request will provide an infill development of a vacant lot with a Tae Kwon Do Studio. The hardship imposed upon the applicant is the southeastern portion of this lot is located within the 100 year floodplain, and a floodplain development permit will need to be approved prior to any grading or fill of the property and prior to the issuance of a building permit. If improvements are located within the 100 year floodplain, the site must comply with no more than 60% of the property within the 100 year floodplain allowed to be impervious per Section 20-9A04(e)(3)(ii).
VII. CONFORMANCE WITH THE COMPREHENSIVE PLAN
The comprehensive plan does not specifically address Use Permitted upon Reviews.
The plan identifies the importance of studios, schools and such facilities which provide an important cultural, recreational and social role in the community. The plan encourages a cooperative effort among jurisdictions in the decision making process that affects the community but which generally focuses on the location or expansion of new facilities.
The plan also provides recommendations regarding physical location, and encourages that community facilities designed to serve larger populations be located on arterial and collector streets in non-residential areas.
· Staff Finding – The proposal requests the placement of a new Tae Kwon Do Studio on the last remaining vacant lot on a cul-de-sac that serves 8 existing office buildings and a child care facility. The proposed request is consistent with the surrounding area and is in conformance with Horizon 2020.
STAFF REVIEW
Section 20-1608 of the City Code requires that a UPR application be accompanied with a site plan meeting the contents of the Site Plan provision of the Code (Section 20-1431). The accompanying site plan has been reviewed by staff and appropriate revisions have been made or conditions applied to the UPR.
The site plan is for a 50’ x 80’ = 4,000 gross square foot (2,800 net square foot) one-story building to be used as a Tae Kwon Do Studio. Site improvements include a new parking lot with 12 parking spaces north of the building and improvements to 7 existing parking spaces on the west side of the building.
The site plan shows the potential for a future parking lot expansion at the east end. A revised site plan would be required for review and approval prior to construction of future improvements.