PZ 24-028
APPLICANT: Roy Sparks, Royre Investments LLC
VARIANCE REQUEST: To vary Article 1 sections related to lot splits and road frontage requirements, and Table 2-4 related to minimum lot dimensional requirements.
LOCATION: 3180 Florence Road.
ZONING: Light Industrial (LI) ACRES: 6 ac PIN: 19067500020
Staff Recommendation: Approval. Planning and Zoning: Approve.
BACKGROUND:
The property at 3180 Florence Road is currently a single lot, with 3 separate 24,000-sf industrial buildings on the property. The property owner wishes to split the lot into three separate lots, each housing a building.
This proposed lot split would require a variance to the lot splits and road frontage requirements specified in Article 1, as well as the minimum lot dimensional requirements outlined in Table 2-4. Tract 1 would be a compliant lot with street frontage and compliant setbacks; however, Tract 2 and Tract 3 would require variances as summarized in table 1.
Mr. Sparks explained that he and his business partner would like to split the lots to divide the operation and potentially sell a portion of the assets.
To address the access rights for the new lots being proposed, the applicant has put forth a proposal for an inter-parcel access easement, as well as shared use and maintenance easements. The easements would ensure that the newly created parcels maintain adequate access to the shared drive aisle across the parking lot, resolving any potential concerns regarding access rights. Additionally, shared stormwater and sewer agreements, and other maintenance agreements would be required.
SURROUNDING AREA:
The surrounding area is predominated by light industrial land uses. To the east across Florence Road are residential uses, which are separated from the light industrial corridor by a dense wooded buffer.
The McNeel parcels adjacent to the north, shown in figure 1, are LI lots with no road frontage for the two buildings in the rear - a similar configuration is being proposed by the applicant. Further south on Fambrough Drive are other parcels that are configured without road frontages. In June 2023 the council approved a similar request at 4073 Fambrough Drive to allow 3D Machines to split the lot to sell a building to their then leasee Shaw armaments.
Figure 1. Aerial Map
Figure 2. Survey: Proposed Tracts 2 + 3 are non-compliant and require variances. Larger format in appendix.
ANALYSIS:
The applicant is requesting variances for the Dimensional requirements listed in table 1 below.
Table 1. UDC Table 2-4. Dimensional requirements: Required vs Proposed Tracts 2 and 3.
|
DENSITY AND LOT REQUIREMENTS |
LI |
Proposed Tract 2 |
Proposed Tract 3 |
|
Minimum lot size (square feet) |
40,000 |
73,000 sf |
94,000 sf |
|
Minimum lot width (feet) |
100 |
233 |
302 |
|
Minimum lot street frontage (feet) |
100 |
0 (Variance required) |
0 (Variance required) |
|
Floor-area ratio, maximum |
0.75 |
0.33 |
0.26 |
|
Maximum impervious surface coverage, lot (%) |
75 |
Unchanged |
Unchanged |
|
PRINCIPAL BUILDINGS |
LI |
|
|
|
Front, minimum (feet) |
50 |
compliant |
compliant |
|
Side, minimum (feet) |
20 |
12.9 (Variance required) |
12.9 (Variance required) |
|
Rear, minimum (feet) |
40 |
45 |
45 |
|
Front landscape strip |
20 |
0 (Variance required) |
0 (Variance required) |
The application was reviewed against the following criteria:
Any applicant requesting consideration of a variance to any provision of this development code shall provide a written justification that one or more of the following condition(s) exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:
1. There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.
The dimensional characteristics of the proposed tracts 2 and 3 are non-compliant due to their location behind a road fronting building on the proposed tract 1. The applicant's proposal for an inter-parcel access easement is crucial to address the access rights for the newly created lot. The property has a frontage along Florence Road, but this frontage only serves one of the three lots in the proposed split.
2. A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.
Other properties in the same district generally have ample road frontage. However, there are properties, as shown to the right in figure 1, where the lots violate the frontage requirement and are accessed via a shared driveway. Additionally, there are three similarly configured lots shown on Fambrough Drive are approximately 30,000-sf, which is below the required minimum of 40,000-sf. There was no evidence found that variances were sought or granted to facilitate the sale and split at that site.
3. Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.
The applicant must comply with all other applicable zoning regulations and requirements, aside from the specific road frontage provisions, and minimum lot size. Variances are also required for side setback and front landscape strip as shown in table 1. Granting the variance does not exempt the applicant from meeting other obligations, ensuring that the property remains subject to the same general restrictions and regulations as other properties in the district.
4. The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare.
The purpose and intent of the development code are generally aimed at promoting orderly and efficient development, ensuring compatibility with the surrounding environment, and safeguarding the general welfare of the community. Granting the variance should not result in any adverse impacts that could be considered injurious to the neighborhood. The uses that currently exist are expected to continue.
In general, road frontage and minimum lot sizes are important tools in zoning and land use regulations to promote safe, functional, and aesthetically pleasing development. They contribute to the efficient use of infrastructure, maintain neighborhood character, support healthy and livable communities, and protect property values. By establishing standards for frontage and lot sizes, zoning regulations balance the interests of property owners with the broader goals of community planning and development.
5. The special circumstances are not the result of the actions of the applicant.
The special circumstances are a result of the applicants’ desire to divide and sell the lot housing each building.
6. The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed.
The requested variance is the minimum that will allow for the proposed lot split. Of the three lots created, one is compliant and 2 require variances as summarized in table 1.
7. The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
The current uses, which are allowed in the LI zoning district, are expected to continue.
STAFF RECOMMENDATION: Staff recommends APPROVAL, with the following conditions:
1. The variance requests to allow a lot split with no road frontage, as required by Sec. 1-21: Lot Frontage, and Sec. 1-22: Lot Width, are approved.
2. The variance requests to Table 2-4: Dimensional Requirements, for tracts 2 and tract 3, are approved.
|
DENSITY AND LOT REQUIREMENTS |
Required LI |
Approved Variance Tract 2 |
Approved Variance Tract 3 |
|
Minimum lot street frontage (feet) |
100 |
0 |
0 |
|
Maximum impervious surface coverage, lot (%) |
75 |
Unchanged |
Unchanged |
|
PRINCIPAL BUILDINGS Setback |
LI |
|
|
|
Side, minimum (feet) |
20 |
12.9 |
12.9 |
|
Front landscape strip |
20 |
0 |
0 |
3. The variance requests to Table 2-4: Dimensional Requirements, to allow a 20’ front setback, and 40’ setback at C.H. James Pkwy, when 50’ is required; to allow no front landscape strip when 20’ is required, are approved.
4. A lot split plat compliant with the approved variance be in conformity to the approved variances to dimensional requirements. be submitted and inter-parcel access easement shall substantially conform to the plat prepared by The Crusselle Company, dated 05/13/2023.
5. Prior to recording, the applicant must submit the Inter-parcel access easement, stormwater management agreement, sewer maintenance agreement and business association documentation for shared maintenance meeting requirements of the Unified Development Code and subject to City review. Easements must discuss maintenance responsibilities.
6. The applicant shall re-plat the property, to include the filing of a re-platting application with the Community Development Department for review and approval. The lot split plat shall be in conformity to the approved variances.