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with Q.T., Aldi, Burger King, and Cooper Automotive. The entire site ... the company operates indoor gun ranges/stores in Ohio, Kentucky, Indiana, and Illinois.

Staff Report Zoning Case PD17-15 (Point Blank Gun Range) Planning and Zoning Meeting Date: 11-8-17

Document Being Considered: Ordinance

RECOMMENDATION Following the public hearing, consider Zoning Case PD17-15 for a Planned Development for Community Commercial (CC) uses plus a ‘Gun range (indoor)’, with a Development Plan. PRIOR BOARD OR COUNCIL ACTION On August 4, 2000, City Council approved final reading of Zoning Case Z00-11/B00-11 to change the zoning on 18.5 acres from Agriculture (A) to Residential (R), Planned Development for all Community Commercial (CC) uses with a Concept Brief, and Permanent Agriculture (A) by a vote of 9-0-0. On June 17, 2008, City Council approved final reading of Zoning Case PD07-29 to approve a development plan for a convenience store with gasoline sales on 1.518 acres zoned Planned Development (PD) for Community Commercial (CC) uses, with an expired Concept Brief, by a vote of 8-0-1. On January 26, 2010, City Council approved final reading of Zoning Case PD09-11 to approve a development plan on 3.240 acres zoned Planned Development (PD) for Community Commercial (CC) uses, with an expired Concept Brief, by a vote of 6-2-1. On January 24, 2012, City Council approved final reading of Zoning Case DP11-1 to approve a development plan for a drive-through restaurant on 0.982 acres zoned Planned Development for Community Commercial (CC) uses, with an expired Concept Brief, by a vote of 8-0-0. On February 25, 2014, change the zoning on Commercial (CC) uses, Community Commercial vote of 8-0-0.

City Council approved final reading of Zoning Case PD13-22 to 0.742 acres from Planned Development (PD) for Community with an expired Concept Brief, to Planned Development (PD) for (CC) uses, plus ‘auto service uses’, with a Development Plan, by a

ANALYSIS Request The applicant requests to change the zoning on approximately 3.351 acres addressed at 5721 South Cooper Street, and generally located south of West Nathan Lowe Road and east of South Cooper Street. Current zoning:

Planned Development (PD) for Community Commercial (CC) uses, with an expired Concept Brief

Requested zoning:

Planned Development (PD) for Community Commercial (CC) uses plus a ‘Gun range (indoor)’, with a Development Plan

The subject site is part of an 18.5-acre planned development that is currently developed with Q.T., Aldi, Burger King, and Cooper Automotive. The entire site was rezoned from A to PD for CC uses with a concept brief on April 4, 2000. However, the site was not developed, and the Concept Brief expired on April 4, 2005. As a condition of the PD, each proposal being developed on any portion of this site required approval of a development plan.

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Since the creation of the PD in 2000, four zoning change or development plan requests have been approved within the same planned development.

Adjacent Properties Property Address

5601 South Cooper Street (Q.T.) 1200 West Nathan Lowe Road (Aldi) 5701 South Cooper Street (Burger King) 5611 South Cooper Street (Cooper Automotive)

Location in Regards to Subject Site

Year

Northwest

2008

North

2010

West

2012

West

2014

Zoning Change

PD for all “CS” uses with an expired Concept Brief to PD for all “CS” uses, with a final Development Plan (PD07-29) PD for all “CS” uses with an expired Concept Brief to PD for all “CS” uses, with a Development Plan (PD09-11) PD for all “CS” uses with an expired Concept Brief to approval of a new Development Plan (DP11-1) PD for all “CS” Uses to PD for “CS” uses, plus service bay areas exceeding 20 percent of the gross floor area, with a Development Plan (PD13-22)

Through the adoption of the Unified Development Code, “CS” Community Service is now classified as CC. This rezoning request proposes to add a Gun range (indoor) use to the currently allowed uses on the subject property, with a Development Plan for the facility. Currently, a Gun range (indoor) use is permitted in the CC zoning district only with an approval of a Specific Use Permit (SUP). Specifically, the applicant requests approval for Point Blank Range and Gun Shop, an indoor gun range with a retail component. The company’s headquarters are in Cincinnati, Ohio, and the company operates indoor gun ranges/stores in Ohio, Kentucky, Indiana, and Illinois. Point Blank is pursuing sites in Houston, Austin, San Antonio, and the Dallas-Fort Worth Metroplex. Recently, the company opened its North Richland Hills location and received zoning approval for its Lewisville location. Existing Site Conditions The subject site is an approximately 3.351-acre portion of the W. Stephens Survey, Abstract 1429. If zoning is approved, the applicant intends to follow up with a plat that would subdivide the site into two lots. An existing 30-foot water easement runs along the eastern property line, and there are two existing drainage easements, one running north to south, the other running northeast to southwest. A drainage swale will be relocated to divert runoff around the proposed southern parking area, while another part of the drainage swale will be abandoned and replaced with a detention basin.

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Adjacent Land Uses South and southwest of the site, undeveloped land remains within the same planned development. Property to the east is zoned Residential Single-Family 7.2 (RS-7.2) and is developed with single family houses. West across South Cooper Street is a Residential MultiFamily (RMF-22) zoning district developed with multifamily housing. Development Plan Site Access The proposed development has indirect access from both West Nathan Lowe Road and South Cooper Street via 30-foot wide private access easements. Building Design The applicant proposes to construct an approximately 12,000-square-foot indoor gun range with 20 target areas, and an additional 3,000 square feet is dedicated to retail space, for a combined total of 15,000 square feet. The one story facility will be constructed of concrete brick, burnished block, and split-faced concrete masonry units (CMU) as its exterior finish materials with aluminum window and storefront framing on the façade, and metal wall caps on all walls. Concrete brick is made from solid concrete, while conventional brick is made with clay. The western façade employs multiple awnings as well as a focal point for signage and incorporates a top, middle, base component. The northern and southern elevations apply concrete brick pilasters to break up the architectural mass and provide for awnings over the ground floor entrances. The east elevation also incorporates a top, middle, base component with integrated split-faced CMU pilasters. To mitigate for interior sounds, the applicant utilizes the following techniques:  The gun range section of the building is solid filled concrete block, not a concrete box filled with foam for insulation;  K-13 insulation is sprayed on the ceiling deck and walls, which keeps sound from escaping through the roof;  all doors leading in and out of the range are solid with concrete filled frames and employ rubber weather stripping; and  sound dampening spray foam insulation is used to seal all cracks and seams around the range. The indoor gun range also utilizes a ventilation system to move gun smoke away from the shooter. When the air completes its filtration process, it is 99.97 percent filtered. This ventilation system, seen on the eastern elevation, reaches approximately eight feet in height. The building uses four units, all of which will sit on a concrete pad measuring 18 feet wide and 120 feet long and will be screened with an eight-foot-tall wooden fence. According to the applicant, the system’s operation coincides with the store’s hours of operation: Monday-Friday from 8:00 am through 9:00 pm, Saturday from 8:00 am through 8:00 pm, and Sunday from 10:00 am through 6:00 pm. To further assist in noise mitigation, staff proposes that the applicant provide an evergreen living screen of six-foot-tall magnolias around the fence. Please see page five (5) for more information. Parking The plan locates 50 parking spaces west of the proposed structure, and 35 spaces south of the structure, for a total of 85 spaces. The UDC stipulates that a Gun range (indoor) use must provide two parking spaces per target area, and a General retail (other than listed) use supply three spaces for every 1,000

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square feet of gross floor area of the sales floor area. With 20 target areas, the proposal must provide 40 parking spaces for the indoor gun range. Based on approximately 3,000 square feet of sales floor area, the proposal must supply nine spaces. The total amount of minimum parking spaces required is 49. The applicant provides 85 spaces and is therefore over parked by 36 spaces. Per Section 5.2.2.E.4.a. of the UDC, 12 trees are provided. Ten of these 12 trees are existing and will be retained. Two four-inch-caliper Cedar Elms are planted at the dumpster enclosure, thereby augmenting the required evergreen living screen around the masonry walls. Level Two Screening Due to the RS-7.2 zoning district to the east, the site requires Level Two screening, which entails a 15-foot wide landscape buffer and a six through eight-foot tall fence. For the site, a minimum of 27 trees are required. Thirteen Live Oak trees and 14 Yaupon Holly trees, all measuring four inches in caliper, are proposed. Furthermore, a six-foot tall, board-on-board Cedar wood fence along the eastern property line is proposed. Customarily, the required landscape buffer would run parallel along the common line to the adjacent single-family properties. However, due to the location of a 30-foot-wide water easement, which has a 45-inch water main, the applicant plants the required trees to the west of this easement. The City’s Engineering Department has noted that, while it is not restricted to plant the trees within the water easement, placing the landscaping here is not the preferred location. Landscaping Twelve, four-inch caliper Cedar Elm trees, and one existing tree, are proposed for each parking lot island throughout the development, and Bermuda Grass accounts for at most 50 percent of the island cover. The refuse container screening will be enclosed with twenty, 48inch tall Dwarf Wax Myrtle shrubs. In addition to the required landscaping for the subject site, the applicant proposes the following enhancements:  Four-inch caliper trees in lieu of the required three-inch caliper trees.  A perimeter landscape setback is not required. However, the applicant proposes 92 Glossy Abelia shrubs fronting the access easement along the western and a portion of the northern property lines.  Purple fountain grasses, Glossy Abelia shrubs, and Gulf Muhly shrubs are proposed around the detention basin to create a more natural and complete design. Neighborhood Meeting The applicant, project manager/engineer, and property owners’ representative invited surrounding property owners and representatives from homeowners associations within a one-mile radius to meet on November 1, 2017, to discuss any questions or concerns on the proposed use. Only City staff and the project team attended the meeting. Deviations The proposed Development Plan seeks deviations from the following UDC requirements: -

Section 5.2.2.E. Parking Lot Landscaping and Screening o Landscape islands shall contain one tree and at least 50 percent vegetative cover other than turf grass.

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Proposed – The parking island at the building’s entrance does not provide for the required tree. Instead, the applicant relocates this tree to a nearby island, therefore still providing the same number of required trees and the 50 percent vegetative cover other than turf grass. Section 5.6.3.C.4. Building Entry Design o All ground-floor entrances shall be covered or inset. This requirement shall not apply to loading areas.  Proposed – For ventilation purposes, one ground-floor entrance on the eastern elevation is not covered. For more information, please see the applicant’s letter (exhibit vii). 

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Section 5.6.4.C.1. Horizontal Articulation o Buildings shall be designed to reduce apparent mass by dividing facades into a series of smaller components. No individual component shall have a length of more than 60 feet. Components shall be distinguished from one another through four or more components.  Proposed – Changes in wall plan of four inches on all elevations so Point Blank may maintain its standard building façade. The northern and southern elevations are also deficient by two components. They only provide for recognizable changes in texture, material, or surface colors, and for decorative columns.

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Section 5.6.4.J Providing for Shade o All development shall provide shaded internal pedestrian walkways along at least 50 percent of all building facades adjacent to or facing streets, outdoor gathering spaces, or parking areas.  Proposed – The southern elevation facing a parking area will not provide for the shaded internal pedestrian walkway. Staff Considerations Staff has the following considerations for the proposed development plan. 1. The ground floor opening on the east elevation shall be either covered or inset. 2. To capture the required building articulation, wall changes must be a minimum of 24 inches in width and depth. The northern and southern elevations must also provide for variations in roof/wall height of two feet or more. 3. To assist in noise mitigation measures, the eight-foot-tall wooden fence for the ventilation units shall have a minimum six-foot-tall evergreen living screen of southern magnolias on three sides, which is in addition to the required Level Two screening on the eastern property line. 4. To encourage the continued compatibility of the uses, the owner(s) of the indoor gun range must provide a current point of contact to the representatives of all Homeowners Associations located within one mile of said use. Comprehensive Plan Analysis The proposed planned development represents an expansion of a previously permitted use that now requires additional review under the Unified Development Code. 99 Square Miles – the Comprehensive Plan includes land use goals for this area as “Established Residential,” which contains a variety of housing types as well as retail services. People living in these

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areas would enjoy the benefits of neighborhood parks, schools, and community recreation centers. Neighborhood and community convenience uses are considered appropriate in this area. There are no Hike and Bike facilities or roadway expansions planned adjacent to this site. In general, an indoor gun range would provide additional neighborhood amenities to the surrounding residential areas, and is in conformance with the Comprehensive Plan. FINANCIAL IMPACT None ADDITIONAL INFORMATION Attached:

i. ii. iii. iv. v. vi.

Case Information Itemized Allowable Uses Location Map Photos Development Plan (16 pages) Map of Indoor Gun Ranges within a Ten Mile Radius (1 page) vii. Applicant Letter (5 pages) viii. Support Letter from Mayor of North Richland Hills (1 page) ix. Support Letter from City Treasurer of Carmel, Indiana (1 page) x. Support Letter from Mayor of Blue Ash, Ohio (1 page) xi. Support Letter from General Manager of Holiday Inn Express—Greenwood (1 page) xii. Meeting Invitation (2 pages)

Under separate cover: Available in the City Secretary’s office:

None None

CITY COUNCIL DATE

December 5, 2017

STAFF CONTACTS Jennifer Pruitt, AICP, LEED AP Development Planning Manager Community Development and Planning 817-459-6138 [email protected]

Danielle R. Mathews Senior Planner Community Development and Planning 817-459-6501 [email protected]

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