File #: PZ 20-009
APPLICATION: Text Amendment APPLICANT: Godwin Okoru
Staff Recommendation: Denial
Planning and Zoning Recommendation, April 27, 2020:
Approval of Text Amendment as indicated in report - Vote 5:2
Mayor and Council Decision: Pending
PETITION:
To consider a Text Amendment to Table 2-3 (Permitted and Special Uses in the Mixed-Use and Non-residential Zoning district) to allow truck rental in the NRC zoning district as a permitted use.
PURPOSE OF THE REQUEST: To allow for moving truck rental
LOCATION: Unified Development Code Table 2-3; Section 4-305
PROPOSED TEXT AMENDMENT
ANALYSIS the governing body shall consider the following standards in considering any proposal that would result in a change to the text of this development code (except articles 21 and 24), giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:
(a) Is the proposed amendment consistent with the purpose and intent of this development code;
According to Unified Development Code, “the purpose and intent of the NRC zoning district is to provide locations for retail, services, and office uses at a neighborhood level of intensity, serving a small market area, in a manner that is compatible with adjacent neighborhoods, and without intense traffic generation.” NRC zoning districts are small in total area so as to limit the scale and scope of development and to control adverse impacts on adjacent neighborhoods. Based on the intent of the NRC zoning district which is to allow for development that will have minimal impact of adjacent neighborhood. Staff is recommending denial of allowing truck rental within the NRC zoning district. The denial is primarily because all the NRC zoning properties are adjacent to residential area (See diagram below). Staff is of the opinion that truck rental is not compatible with surrounding residential uses due to possible negative operational impacts such noise from truck engine, slamming of doors; other possible impacts include light from trucks, loading, unloading. Secondly, per section 4-305 of the UDC, rental of moving trucks or trailers is only permitted as an accessory use to a self-storage facility or open air business in a commercial or industrial zoning districts. Self-Storage climate controlled facility is only permitted by right in the Business Park (BP) and Light Industrial (LI) zoning districts. Self-Storage facility is not a permitted use in the NRC district. Therefore, allowing truck rental in NRC district or even allowing approval via a Special Use does not meet the intent of the UDC. NRC is intended for less intense uses such as offices, salon, barber shop, internet business, and school. Uses within the NRC zoning district is intended to serve a smaller market area rather than a regional wide market.
MAP SHOWING NRC ZONING
(b) Does the proposed amendment further the purpose and intent of the comprehensive plan, or is it needed to properly implement the comprehensive plan;
The NRC is intended to implement the “Neighborhood Activity Center”. The comprehensive plan states that the “neighborhood activity center” is to provide services at neighborhood level of intensity, and serve a small geographic area that are compatible with the surrounding residential neighborhoods. Providing truck rental services is not intended to serve a small geographical area but to serve the large community and neighboring cities. The proposed request of allowing such service is not consistent with the intent of the Comprehensive Plan.
(c) Is the proposed amendment needed to address new or changing conditions;
Though there might be a need for truck rental, allowing such use in the NRC zoning district is not compatible with adjacent residential uses and does not meet the intent of the Comprehensive Plan.
(d) Does the proposed amendment reasonably promote the public health, safety, morality or general welfare;
Staff is recommending denial of the proposed text amendment. Allowing such use is not in the best interest of the residents within close proximity of the NRC zoning districts. Staff is anticipating undesirable impacts if track rental is allowed in the NRC zoning district.
Recommendation
Staff recommends Denial of PZ 20-09, proposed text amendment does not meet the intent of the Comprehensive Plan and Unified Development Code.
Possible Amendment if Staff Recommendation of Denial is being Denied:
If approval is granted the following text amendment should be considered:
Underlined - text added by staff
Strike out - proposed amendment
Sec. 4-305. Truck or Trailer Lease and Rental, Accessory.
The rental of moving trucks or trailers may be operated as an accessory use to a self-service storage facility or open air business in a commercial or industrial zoning district, provided that no more than one truck or trailer is permitted in the front yard for display purposes and no more than six trucks or trailers are permitted in any side yard.
Truck or Trailer rental as an accessory to any commercial operation in the NRC and CRC shall be permitted only if approval is granted via a Special Use. The following conditions shall apply:
1. The storage area shall be entirely screened from view from adjacent residential and office areas and public streets by a building or by the installation of a 6 to 8 foot high wall or fence. If existing vegetation or topography provides the required screening, then this wall or fence requirement may be eliminated. If screening is not acceptable to Community Development Director, a minimum of a 10 foot landscape buffer must be planted and maintained. Initial planting of trees must be a minimum of five (5) feet in height. Additional screening requirements is at the discretion of the Community Development Director.
2. No more than five (5) trucks or trailer can be stored in the rear yard.
3. There shall be no parking of trucks or trailer in the front yard.
4. Truck or trailer drop off or leasing shall be restricted to 8:00 am to 5:00 pm on a daily basis.
5. There shall be no parking of vehicle within 15 feet of a residential zoning district measured from the property line of the truck rental establishment.
6. The storage area shall not exceed 25 percent of the total buildable area of the site.
7. No vehicle maintenance, washing, or repair or truck or trailer shall be permitted on site.
8. Special use application must contain a site plan displaying that all requirements identified above are being met.