PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

4/25/11

ITEM NO. 4:              SPECIAL USE PERMIT FOR AN ACTIVE RECREATION FACILITY, 940 E. 28TH STREET (SLD)

 

SUP-2-1-11: Consider a Special Use Permit for the use of Active Recreation, located at 940 E 28th Street. Submitted by Barber Emerson, L.C., for JDS Kansas, L.C., property owner of record.

 

STAFF RECOMMENDATION: Planning Staff recommends approval of the Special Use Permit for an Active Recreation Use at 940 E. 28th Street and forwarding the request to the City Commission with a recommendation of approval and the ordinance for adoption on first reading, subject to the following conditions:

 

1.    Installation of landscape plantings per the approved landscape plan prior to release of the Special Use Permit for issuance of occupancy permits for the proposed use.

2.    Approval and publication of a text amendment TA-2-2-11; An amendment to Chapter 20, Article 4, Section 20-403 to allow Active Recreation as a Special Use in the IG (General Industrial) District.

3.    Provision of a revised site plan to show the following changes and notes:

a.    Provision of a landscape plan per section 20-1001 of the Development Code to include a total of 6 street trees along Haskell Avenue and 5 trees along E. 28th Street.

b.    Provision of a note on the face of the plan that states all required landscaping shall be installed prior to release of the Special Use Permit for occupancy of the building.

c.    Provision of a note on the face of the plan that states changes to exterior site lighting shall require submission and approval of a photometric plan per Section 20-1103 of the Development Code.

d.    Provision of a note on the face of the plan to state the date of approval and that approval is granted for a period of three years from the date of the City Commission approval. Any extension of the Special Use would require a new public hearing by the Planning Commission.

4.    Execution of a new Site Plan Performance Agreement.

5.    Publication of an ordinance per Section 20-1306(j).

 

Applicant’s Reason for Request:

“This is a generic SUP request by the property owner/landlord to permit the use of a vacant industrial building as a basketball training and instruction facility under the special use category of “Active Recreation.”

 

The applicant proposes that the SUP have a three-year term.”

 

KEY POINTS

·         Applicant is voluntarily proposing a limited approval of 3 years.

·         Proposed use depends on approval and publication of text amendment (TA-2-2-11).

·         Proposed use would occupy existing vacant industrial building.  

·         No exterior changes to the site are proposed.

 

FACTORS TO CONSIDER

CHARACTER OF THE AREA

·         The area is part of the Burroughs Creek Corridor including industrial land.

CONFORMANCE WITH HORIZON 2020

·         The proposed use conforms with several recommendations and policies of Horizon 2020.

 

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

·         None to date.

 

ATTACHMENTS

·         Area Map

·         Site plan

 

GENERAL INFORMATION

Current Zoning and Land Use:         

 

IG (Industrial General); existing vacant 10,000 SF building and surface parking lot.

Surrounding Zoning and Land Use:         

IG (Industrial General); to the north, west and south. Developed properties to the north and east. Vacant land to the south.

 

RM12 and RM24 (Multi-Dwelling Residential) Districts to the east. East side of Haskell Avenue is developed with detached and duplex residences.

Site Summary

 

Lot Size:

45,000 ( 1.033 ac)

Building:

10,000 (.229 ac)

Impervious Cover:

21,755 SF (.499 ac)

Pervious Cover:

23,245 SF (.534 ac)

 

Summary of Request

While not currently an allowed use in the IG district, this application presumes the approval and publication of a text amendment to allow “Active Recreation” as a Special Use in the IG district. This staff review separates the text amendment and the Special Use request and assumes the text amendment has been approved for review purposes. As such applicable Development Code provisions addressing site planning, landscaping, and parking have been assessed. There are no exterior physical changes proposed for this site.

 

This request is for the use of an existing building for a facility for basketball related coaching and training. Some general public access may also be allowed for this building, if approved.

 

Review and Decision-Making Criteria (Land Development Code Section 20-1306(i))

 

1.         WHETHER THE PROPOSED USE COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE

 

Applicant’s Response: “This application is submitted concurrently with a text amendment to permit Active Recreation as a special use in the IG zoning district.”

Based on parking standards, the proposed “Active Recreation” use has a higher off-street parking requirement than the previous use as a “Wholesale, Storage, Distribution” use. Additionally, the proposed use is expected to generate more passenger vehicle traffic rather than truck traffic.

 

The site does not comply with current parking lot design and landscape standards of the Development Code. Requirements to comply with these provisions of the Development Code are discussed in the review section of this report as it applies to the site plan elements of this request.

 

Staff Finding – The proposed use is not an allowed use in the IG District unless the text amendment is approved. The site, as developed, does not comply with current development standards with specific regard to landscaping and parking lot design and parking lot setback.  No exterior physical changes are proposed for this site.   

 

2.        WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT USES IN TERMS OF SCALE, SITE DESIGN, AND OPERATING CHARACTERISTICS, INCLUDING HOURS OF OPERATION, TRAFFIC GENERATION, LIGHTING, NOISE, ODOR, DUST AND OTHER EXTERNAL IMPACTS

 

Applicant’s Response: “Yes, the property is adjacent to other IG zoned properties. Hours of operation, traffic, light, noise, etc. will be compatible to adjacent properties. ”

 

Approval of this request will not change the base zoning district. Exterior elements of the site including the single-bay loading dock, overhead doors and building entrances are not proposed to be altered. The physical appearance of the building will remain consistent with the surrounding industrial development in the immediate area. There are no external impacts that will result from this use such as noise, odor, or dust. The applicant states the hours of operation will be compatible with the surrounding uses. All activity is proposed indoor.

 

Haskell Avenue, a major arterial street, separates the residential neighborhood from the industrial uses to the west. These land uses are currently developed in a back to back or back to side orientation with a 50’ setback for the existing industrial building. Activity sides of the building including doors and overhead doors located on the north and south sides of the building. This orientation provides a maximum separation of activity between the industrial uses to the west and the residential uses to the east.

 

The proposed use is associated with passenger vehicles rather than truck traffic. The overall impact anticipated is less intensive traffic to this site. This is considered by staff to be a transition use between the residential development to the east and the industrial uses to the west. The location of the property as a corner lot rather than an interior lot to the surrounding industrial development is seen as beneficial in encouraging separation of vehicular and truck traffic. It should be noted that employee and customer access to this larger industrial area is likely occurring in passenger vehicles so that there is not complete separation of these two forms of transportation.

 

Staff Finding – This use is intended as an indoor activity with no physical exterior changes to the building or property.  Depending on the success of the business passenger vehicle traffic may increase to this area but is restricted (because of destination) to the periphery of the industrial area. The physical development of the subject property together with the orientation of surrounding development results in an activity that will be compatible with the surrounding area. Hours of operation are expected to be compatible with the surrounding area and may provide evening opportunities for coaching and training that will not conflict with business traffic in the area during regular workday hours. As an indoor operation, external impacts should not exist. 

 

3.        WHETHER THE PROPOSED USE WILL CAUSE SUBSTANTIAL DIMINUTION IN VALUE OF OTHER PROPERTY IN THE NEIGHBORHOOD IN WHICH IT IS TO BE LOCATED

 

Applicant’s Response: “No. The proposed use will have no affect on other property in the vicinity.”

 

This property is located between the Prairie Park Neighborhood to the east and Haskell Indian Nations University to the west. The property is part of an industrial corridor know as the Burroughs Creek Corridor. The building is currently vacant. Occupancy of a building provides more stability to a surrounding area than vacant buildings. The proposed use has the potential to generate enough demand that other property improvements could be made in the future such as improved parking lot and interior landscaping.

 

Staff Finding – Approval of this request will allow for occupancy of a currently vacant building with little or no impact on the surrounding area. Occupancy of the building will result in more activity to the area and stabilization to the surrounding residential and industrial neighborhood. Substantial diminution of other property values in the area is not anticipated.

 

4.        WHETHER PUBLIC SAFETY, TRANSPORTATION AND UTLITY FACILITIES AND SERVICES WILL BE AVAILABLE TO SERVE THE SUBJECT PROPERTY WHILE MAINTAINING SUFFICIENT LEVELS OF SERVICE FOR EXISTING DEVELOPMENT

 

This area is developed with existing public and private utility services. The addition of a recreation use will not diminish public services and existing infrastructure. 

 

Staff Finding –Services are already available to this property. There is no anticipated change in service levels for the surrounding area.  

 

5.        WHETHER ADEQUATE ASSURANCES OF CONTINUING MAINTENANCE HAVE BEEN PROVIDED

The building is currently vacant. The proposed request would add occupancy to the area that does not currently exist. The activity is intended as an indoor use with no exterior storage commonly found in an industrial district. As a Special Use Permit, a site plan is also required to ensure minimum site design standards are addressed. This document, together with any conditions of approval, becomes the enforcement tool to ensure continued maintenance of the property. The applicant has voluntarily proposed a three year limit to this request. Any future extension then would require a new public hearing by the Planning Commission. The property and the land use could easily be evaluated for compliance with maintenance standards.

 

Staff Finding –The Development Code includes a mechanism for review of a Special Use that demonstrates a lack of compliance with any conditions of approval of the related site plan.  The short time limit makes any compliance review much easier. The fact that the activity is intended to be conducted indoors means that exterior activity is limited. There is no exterior storage associated with this use; a common compliance concern in industrial areas. Adequate assurances of continued maintenance are inherent in the use and the Special Use approval process.

 

6.       WHETHER THE USE WILL CAUSE SIGNIFICANT ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT

 

Applicant’s Response: “No. The SUP will not have any negative impact on the natural environment. The SUP is required to allow the use of the property for basketball-related coaching and training. There will be virtually no change or impact compared to the existing permitted industrial use of the property.”

 

Staff Finding – No new development is proposed with the subject application. Thus, the natural environment will not be impacted with renewal of this SUP.

 

7.         WHETHER IT IS APPROPRIATE TO PLACE A TIME LIMIT ON THE PERIOD OF TIME THE PROPOSED USE IS TO BE ALLOWED BY SPECIAL USE PEMRIT AND, IF SO, WHAT THAT TIME PERIOD SHOULD BE

 

This request has been made for a three year period. This time limit allows for a short term analysis of impacts. It also allows the community to evaluate the industrial inventory in three years to determine if this use should remain or if a more viable industrial use is appropriate for this location. 

 

Staff Finding – A time limit has been proposed for this use by the applicant limited to three years. Staff concurs that this is a reasonable amount of time to assess the success of the use in the IG District (at this location) and whether or not this use is impinging on the industrial land inventory.

 

STAFF REVIEW

 

Site Plan Review

This request is for a change of use from a vacant industrial building (formerly a Federal Express office/warehouse/distribution center). The building and parking lot are existing improvements with no changes proposed. A specific parking calculation is not provided of this use (per schedule D). The applicant has used a similar category for estimation.

 

Parking Summary

Use

Parking Requirements

Spaces Required

Spaces Provided

Active Recreation

Schedule D

Per Director determination

19

Surrogate use: Participant Sports and Recreation Indoor

1 space per 500 SF

15

19

 

Assuming that the parking standard for a Participant Sports/Indoor Recreation use is the same as an Active Recreation use, the site as developed includes four excess parking spaces based on the current Development Code parking standard for this use. Access to the site is provided via a driveway entrance from E. 28th Street. A second curb cut is provided on the east side of the lot from E. 28th Street providing access to an overhead door/loading dock. No changes to the parking lot access are proposed with this request.

 

This site was designed with parking adjacent to the south property line. The Development Code requires a 15’ setback of a parking lot from street right-of-way. The plan shows four total spaces encroaching into the parking lot setback.  The plan, as proposed, does not show removal of these parking spaces. As a potentially “temporary use”, significant parking lot modifications are not reasonable at this time. Any screening of the parking spaces from the public street would occur within the right-of-way.

 

Landscaping and Screening

The site plan as proposed does not include a landscape plan. The property was originally developed in 1980 (SP-6-23-80). The 1980 plan included trees along 28th Street and screening around portions of the parking lot areas.



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street Trees

This property has frontage on Haskell Avenue and E. 28th Street. There are only two street trees located at the corner along the Haskell Avenue. A total of six street trees would be required along Haskell (two are provided). E. 28th Street frontage would require a total of five street trees to be made compliant with today’s landscape standards. No improvements are proposed with this request. The 1980 site plan included three trees along E. 28th Street. These trees were setback to allow for adequate separation from water and sanitary sewer line. Staff recommends that additional trees be added along both public streets per the requirements of the Development Code.

 

Interior Landscaping

The site includes a front and rear parking area. Interior landscape would be required at 40 SF per parking space or 760 SF. The site does not include any vegetation other than the lawns surrounding the building and perimeter of the site and the trees along the south end of Haskell Avenue. The 1980 plan included screening on the north side of the parking lot. This screening was specifically for the trash enclosure. The proposed site plan shows the dumpster and screening fence on the west end of the parking lot.  The area along the west side of the loading space is approximately 766 SF. Landscaping of this area would partially satisfy this standard. The 1980 site plan included foundation plantings and three upright junipers.

 

Perimeter

Perimeter landscaping is applicable to those areas adjacent to public streets.

Perimeter Landscape areas

 
 

This site was designed with minimum screening along the east side of the north parking lot and an area between the south parking lot and the front loading dock. At a minimum, landscaping should be planted per the original 1980 approval.

 

Mechanical Equipment

Ground mounted equipment is not shown on the site plan. Any such equipment should be screened.

 

Alternative Compliance

A request for alternative compliance was not made for this application.

 

Lighting

The plan does not indicate if there are any proposed changes to existing exterior lighting. Any lighting changes are subject to approval of a photometric plan prepared in conformance with section 20-1103. Staff recommends the plan be revised to include a note that states any lighting changes shall require submission and approval of a photometric plan.

 

Industrial Design Standards

No exterior changes are proposed for this site. As such, no recommendations are made regarding compliance with the Industrial Design Guidelines.

Access

As discussed above there are no changes or modifications to the existing access. The location on the corner is expected to limit the amount of passenger vehicle traffic in the broader area.

 

Floodplain

This property is not located within any regulatory floodplain.

 

Conclusion

Staff recommends approval of the proposed Special Use for an Active Recreation Use (basketball training facility) pending approval of a text amendment allowing this use in the IG District. The applicant has suggested a limited time approval of three years. If approved, staff recommends a note be added to the face of the plan to state the date of approval and that approval is granted for a period of three years from the date of the City Commission approval. Any extension of the Special Use would require a new public hearing by the Planning commission. Several conditions of approval are recommended to address compliance with current development standards.