R-30 PUD Amendment

(No change to the zoning designation is planned. Change requested is to conditions of previous rezoning)

Remove Condition 12

No roadway changes have been proposed with this amendment.

No Traffic Impact Required.

LAND USE PLAN AMENDMENT HISTORY: None.

Valid [x] Invalid [ ] None Filed [ ]

On September 21, 2001 the Town Council voted to approve an amendment to the Lochmere Planned Unit Development which changed the conditions of this portion of Lochmere PUD, but not the intended use. At that time a number of conditions were offered, which included a model of the proposed building to be constructed. The applicant is now requesting several amendments and these are listed below.

1. Relocation of the dumpster. At the time of site plan, the applicant requested that the dumpster be relocated. A restaurant has been proposed on site and it was felt that this could negatively impact the viability for outdoor seating. Staff agreed with the relocation of the dumpster and it was approved on the site plan. However, after the relocation of the dumpster it was discovered that this was not legally permissible under the conditions of the rezoning as the model specifically showed where the dumpster would be located.

While the staff is aware of the public concern on this issue, we feel that this relocation will not negatively impact surrounding homeowners any more than any other commercial site. The dumpster is fully enclosed and will not be visible once full vegetation occurs. Moving the dumpster to the original location will most likely hinder the outdoor seating of the proposed restaurant. Staff supports this request.

2. Relocation of the sidewalk. The applicant proposes to eliminate the walkway at the principal ground sign and relocate the walkway to the intersection of Kildaire Farm Road and Lochmere Road. The grade is much less at the intersection, which is conducive to handicap accessibility. Additionally, pedestrian access will be more favorable at the intersection as opposed to mid-block. Staff supports this request.

3. Color change. The applicant has requested to change the color of the pavilion and membrane from "eggshell" to "blue" as it is currently painted. This is an architectural accent which ad character to the atrium and is not visible off-site. Staff supports this request.

4. Elimination of the sidewalk along the Kildaire Farm Road side of the building. The elimination of this sidewalk is being requested due to physical limitations. Parking spaces would need to be removed and/or the building relocated in order to place the sidewalk at this location. While code requires this sidewalk and staff would agree it should be there, the physical restraints warrant this accommodation. Staff supports this request.

5. Removal of the actual model as a condition. In place of the actual model, photos of the building itself would remain in its place. Staff does not see this as an issue since the building is already constructed. Staff supports this request.

At the public hearing one major concern centered on a possible private agreement specifying permitted uses in the building. Since this was not a condition of the rezoning, this was not an issue that staff could address. There were also concerns raised about the location of the dumpster. In reviewing this location, staff feels that the current location is acceptable given the above reasons as stated above. A valid protest petition does remain on this case which also cites these two concerns.

No additional pros noted.

Valid protest petition on this case.