Title
ZV2025-0005, Walmart, 12800 Pines Boulevard, variance request. (Cole) (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Lisa Leonard, agent for Wal-Mart, is requesting a parking variance for Wal-Mart, located at 12800 Pines Boulevard to allow 31 short-term parking spaces, instead of a maximum of 10 short-term parking spaces as allowed by Code.
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 June 18, 2024 (Ordinance 2022) Code section 155.608 was amended resulting in an increase of the permissible number of short-term parking spaces for this site from 3 parking spaces to 10 parking spaces.
On 3/20/2025 the property owner was cited (code case 250300997) for the addition of short-term parking spaces without approval. Should the Planning and Zoning Board approve the variance as proposed the code case will be resolved.
VARIANCE REQUEST DETAILS:
The applicant is requesting a variance to allow 31 short-term parking spaces, instead of the allowed maximum of 10 short-term parking spaces for buildings over 20,000 square feet. Short-term parking spaces are deemed exclusive and must be surplus parking. Currently, 692 parking spaces exist on site. 124 of the spaces are allocated to the adjacent commercial parcel to the east, leaving 568 parking spaces for Walmart. Based on current and proposed uses 532 parking spaces are required. If approved as requested a surplus of 36 parking spaces shall remain.
The applicant has provided the attached site plan which depicts the proposed location of the parking spaces in the parking aisle adjacent to the northeast corner of the building. Also attached is a justification statement to support their request. Short-term parking is regulated by Land Development Code section 155.608. 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.