Title
ZV2025-0024 & 0025, Walmart, 12800 Pines Boulevard, variance request. (Cole) (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Wesley Hevia, agent for Wal-Mart, is requesting two lighting variances for Wal-Mart, located at 12800 Pines Boulevard to allow a maximum 15.8 foot candles, instead of a maximum of 12 foot candles as allowed by Code, and a maximum of 5,000k CCT, instead of a maximum of 4,000k CCT. The enhanced lighting is primarily for the areas of the parking which contain the online order pickup spaces and electric vehicle charging spaces.
The building was approved in 1993 through site plan SP 93-48 as a Home Depot. In 2010, through SP 2010-07 the building was repurposed for the current tenant Walmart.
In 2019, both ZV 2019-06 and MSC 2019-17 were approved to allow 10 short term parking spaces and associated canopy. Additionally, in 2022, site plan application SP2022-0005 was approved to allow an addition to the existing building to accommodate online orders.
On April 10, 2025, ZV2025-0005 was approved to allow a maximum of 31 short term parking spaces, instead of a maximum of 10 short term parking spaces allowed by code.
VARIANCE REQUEST DETAILS:
The applicant is requesting two lighting variances for Wal-Mart, which as outlined in the applicant justification statement are intended to allow for enhanced lighting primarily in the areas of the parking lot which contain the online order pickup spaces and electric vehicle charging spaces:
• ZV2025-0024: to allow a maximum 15.8 foot candles, instead of a maximum of 12 foot candles as allowed by Code
• ZV2025-0025: to allow a maximum of 5,000k CCT, instead of a maximum of 4,000k CCT.
The applicant has provided the attached photometric plan, light fixture specification sheet, and justification statement to support their request. General lighting standards are regulated by Land Development Code section 155.686. For reference, staff has attached the code section from Article 6 of the Land Development Code.
VARIANCE DETERMINATION:
The Planning & Zoning Board shall not grant any non-single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
In the granting of non-single-family residential variances, the Board shall follow Section 155.301(O) Variance:
1. Purpose: To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.