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13 APR 08 A G E N D A BOARD OF ADJUSTMENT APRIL 8, 2013 5:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Meeting of March 11, 2013 1-4 Special Called meeting of March 20, 2013 (available at meeting) 3. VARIANCE REQUEST(S): a. Front Yard Setback Variance 1211 Melrose Drive Petitioner: Brent D. Rushin 5 b. Parking Variance 103 Gregory Place Shopping Center Petitioner: Kroger Limited Partnership (site plan included in packet) 6 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 8, 2013 5:40 p.m. – 6:16 p.m. ATTENDANCE: Commissioners: Alderman Howard, Jim Moore, Leroy Akridge Rick White and Chairman Ott were present. City Engineer Whisker and City Attorney Bamburg were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Ott declared a quorum. Chairman Ott welcomed new Commissioner Rick White to serve on the Board of Adjustment. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Moore moved, seconded by Commissioner Akridge to approve the minutes of the regularly scheduled Board of Adjustment meeting of March 11, 2013 and the special called Board of Adjustment meeting of March 20, 2013 as presented. MOTION CARRIED Alderman Howard abstaining from the approval of the special called Board of Adjustment meeting of March 20, 2013. VARIANCE(S): a. FRONT YARD SETBACK VARIANCE 1211 Melrose Drive Chairman Ott opened the public hearing at approximately 5:40 p.m. Mr. Brent Rushin explained that the home was built over the setback line. The building setback line should be 35’ but is 10” into the setback. He stated that he original survey was in error, explaining that they learned of this when they put the house up for sale. Chairman Ott closed the public hearing at approximately 5:42 p.m. City Engineer Whisker clarified that the house was built in 2000. Alderman Howard moved, seconded by Commissioner Akridge approved the Front Yard Setback Variance for 1211 Melrose Drive as requested. MOTION CARRIED. b. PARKING VARIANCE 103 Gregory Place Shopping Center for Kroger Limited Partnership Chairman Ott opened the public hearing at approximately 5:43 p.m. Ms. Cara Martin of Pickering Firm from Memphis, Tennessee represented the item of business working as civil engineers on behalf of Kroger. She stated that they are request to allow for 358 parking stalls on the tax parcel where Kroger is located. She went on to explain that this request would eliminate 88 existing parking stalls and adding back 24 stalls. She stated that the request would facilitate the construction of a Kroger Fuel Center. She related that the Fuel Center would be located in the north end of the parking lot, which is an underutilized portion of the parking lot. She stated that they would install additional landscaping and traffic control BOARD OF ADJUSTMENT REGULAR MEETING April 8, 2013 continued: measures around the Fuel Center. She then noted that this would give an overall parking ratio of 4.5 parking spaces per 1,000 square feet of building area on that tax parcel. Mr. Greg Muller of the Ashley Group, one of the owners of the shopping center, stated that they have given the right to Kroger in their lease to build the Fuel Center. He went on to say that it is part of their overall business plan. He stated that they have other Kroger lessees that they have granted the same right to. He stated that Kroger is one of their key tenants not only in this shopping center but in other shopping centers as well. He stated that they understand that they will loose some parking spaces out of the overall shopping center. He stated that they have pictures taken at various times of the day for five consecutive days that demonstrate that this area of the parking lot is underutilized. He then added that the photographs included the Easter traffic to the store. He noted that in their leases they require 4.5 spaces per 1,000 square feet, saying that this is the most stringent requirement they have. He stated that Kroger meets this requirement and they feel that is enough parking spaces to meet their customer shoppers. City Engineer Whisker stated that in running the numbers for parking spaces he feels that Kroger is still shy about 60 or so parking stalls. He stated that he did not include Big Lots but did include the rest of the shopping center, saying that it evened out and they are still shy. Mr. Muller noted that the tax parcels were assigned as the shopping center developed, pointing out that the original K-Mart building (parcel B), he stated that this was done for financing purposes as the shopping center was developed. He noted that the line between parcel B and C runs through the middle of the building. Chairman Ott closed the public hearing at approximately 5:50 p.m. Commissioner Moore questioned how many spaces Kroger would be shy. Ms. Martin stated that depending on how it is calculated, noting that City Engineer Whisker had estimated 60% of the store’s sales floor area. She stated that for the grocery it is 1 space per 75 and for retail it is 1 per 100, it comes to 544 stalls. She stated that they are proposing to have 358. She stated that if it is calculated by C-1 zoning for a shopping center then the requirement is only 1 per 200 square feet, which would be significantly less. City Engineer Whisker stated that parking requirements are first broken down by zoning and then further by the type of business. Discussion ensued that Kroger is currently below the required number of spaces, which is the reason for the Board of Adjustment variance. Commissioner Moore noted that it would be a total variance of 186 spaces. BOARD OF ADJUSTMENT REGULAR MEETING April 8, 2013 continued: City Engineer Whisker clarified that Kroger is supposed to have 544 and currently they have 422 and they are proposing to go to 358 parking spaces at the end of construction. Discussion ensued as to whether the developer was granted a variance for the current shortfall when the shopping center was developed in the 70’s. Chairman Ott clarified that the Board is concerned with the current variance request. He offered that his concern was the placement of the proposed fuel center and the traffic flow leaving the banking teller lanes as well as the ATM. He stated that he could see where it might congest the traffic flow or make it better. Mr. Muller stated that there are diagrams that show the stacking of vehicles at the bank and how the traffic flow would be directed. He stated that the bank is located on its own parcel. Commissioner White noted that the proposed location of the fuel center appears to be in very close proximity to the bank. He questioned if the drawings takes into account a lane area that is commonly used to access the ATM. Ms. Martin stated that she believes the lane is on the banks lot, but surmised that there could be half a lane that is straddling the property line. She added that she feels the 30’ should be enough for two-way traffic that generally only requires 25’. Commissioner Moore stated that he talked with the bank’s manager and assistant manager, saying that their concern and his is that when a car goes to the ATM they are outside the bank lanes. He went on to say that with two-way traffic there would be traffic congestion, noting an access into the parking lot comes in from the east to face two-way traffic. He then explained that the bank has established an entrance and exit, noting that the exit comes around the right side of the bank. He demonstrated the location on the site plan. Mr. Muller stated that it is obvious that the bank is encroaching on their parcel regarding the ATM. He stated that this is something that could be addressed with the bank. Commissioner Moore then questioned the traffic direction for the tanker truck to service the fuel center tanks. Ms. Martin stated that they off-load from the right, demonstrating the traffic pattern they could use without causing congestion. It was noted that on the plat it would be the stripped area to the left of the tanks. Chairman Ott clarified that the vehicle would be facing north so they would either enter from the side or from behind the fuel center, coming in off North First or then back out. BOARD OF ADJUSTMENT REGULAR MEETING April 8, 2013 continued: Commissioner Akridge stated that it would be a tight squeeze to maneuver that action. Discussion ensued regarding the various options where a tanker could off-load. Alderman Howard concurred that it felt it would be too congested, saying that he has been to Kroger when the parking spaces were very limited. He added that he feels this could lead to more accidents, saying that maneuvering in shopping center parking lots can be dangerous anyways. He stated that he is not in favor of the present plan. Commissioner Akridge stated that he was at the parking lot right before coming to the meeting and he counted 16 cars from the Kroger sign when they are proposing to only have a row for 14 spaces. He stated that he feels the plan is very crowded. Mr. Muller referred to the photographs, saying that they tried to get what they felt were congested times. He surmised that the bank employees might be using some of the spaces toward the end of the parking lot. He stated that if it is determined that the bank is operating their ATM off their own property that will have to be addressed with the bank to have them move the ATM off that drive lane. He added that if the employees are parking there they would ask the bank to have their employees park on the bank property. He went on to say that from what they have observed it does not appear that they are using 20% of the available parking spaces that would be there after they eliminate and reduce to the 358 parking spaces. He stated that he would have to respectfully disagree, saying that he feels there is enough customers parking with 358 spaces. Commissioner Moore pointed out that the parking spaces is not the only issue, there is traffic congestion and the potential increase in accidents. He went on to say that he does not favor the ideal of the 18-wheeler coming in off North First Street especially with a blind hill in front of the cemetery. He stated that the truck would have to cross the parking lot and swing out wide to pull in to off-load even with the 55’ space. He then noted that if the 18-wheeler pulls in off Gregory it would block traffic on that side of the parking lot. He stated that in looking at the plat he would rather see the proposed fuel center moved across the drive lane off Gregory to the area of parking lot at the end of Big Lots. He stated that there are no traffic problems that he can foresee. He stated that it would have the Kroger logo so it would still be associated with the Kroger grocery store. Mr. Muller stated that they would be willing to consider that, noting that it may not be a problem except for straddling the tax parcel line. Commissioner Moore stated that another option could be to move the Goodwill and Dollar Tree into the big lots building and let Kroger take over the building and that would solve the parking space problem. BOARD OF ADJUSTMENT REGULAR MEETING April 8, 2013 continued: Mr. Muller stated that they have discussed that but it would be up to Kroger, adding that to date they are not interested in doing that. Commissioner White reiterated his concerns for the proposed plan and it proximity to the bank or for making the bank change the way they do business for this development. Commissioner Moore moved, seconded by Commissioner White to table the variance request until the May 13th regularly scheduled Board of Adjustment meeting, asking that the developer consider moving the proposed location to the parking lot area out from Big Lots by the entrance. MOTION CARRIED with Alderman Howard and Commissioner Akridge voting NAY and Chairman Ott voting AYE. Mr. Muller stated that he would speak to Kroger regarding the option, asking for an up and down vote on the present proposal. City Attorney Bamburg stated that the present proposal as well as any new proposal would be available for consideration at the May 13th meeting, since the present proposal has been tabled. City Engineer Whisker noted that if the present proposal were voted down they would not be allowed to represent for one year. Mr. Muller then questioned if the discussion is to straddle two different parcels would the variance change as far as spaces are concerned. City Engineer Whisker stated that if it straddles the parcel line he would count both parcels and count spaces to figure out the requirement. ADJOURNMENT: Without objection, Chairman Ott adjourned the meeting at approximately 6:16 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Joe Ott CITY CLERK – TREASURER