LINCOLN/LANCASTER COUNTY PLANNING STAFF REPORT_________________________________________________for February 1, 2017 PLANNING COMMISSION MEETING

PROJECT #: Change of Zone No. 17001

PROPOSAL: From H-1 Interstate Commercial to H-3 Highway Commercial

LOCATION: NW 12th and W Adams Streets

LAND AREA: 2.34 acres, more or less

EXISTING ZONING: H-1 Interstate Commercial

CONCLUSION: A change of zone to H-3 is appropriate for this location. The site is thelast piece of H-1 zoning in the area and is surrounded by H-3 zoning.The request conforms to the Comprehensive Plan.

RECOMMENDATION: Approval

GENERAL INFORMATION:

LEGAL DESCRIPTION: Lot 1, Block 4, Union Pacific Addition

EXISTING LAND USE: Gas Station / Convenience Store, Restaurant

SURROUNDING LAND USE AND ZONING:

North: Commercial H-3 Highway CommercialSouth: Commercial H-3 Highway CommercialEast: Commercial H-3 Highway CommercialWest: Commercial H-3 Highway Commercial

HISTORY:

August 1968 Preliminary Plat No. 68608 approved for Union Pacific Addition.

November 1968 Final plat approved for Union Pacific Addition.

July 1973 Site shown as H-S Highway Service on July 1973 zoning map.

September 1974 Subdivision permit approved to split Lot 1, Block 4 of Union PacificAddition into two parcels. Both parcels are included in this change ofzone application.

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May 1979 Site becomes H-1 Interstate Commercial with comprehensive 1979zoning ordinance update.

April 2002 Special Permit No. 1963 approved for off-premises alcohol sales atthe convenience store.

COMPREHENSIVE PLAN SPECIFICATIONS:

P. 12.3 This site is shown as commercial on the 2040 Lincoln Area Future Land Use Plan.

P. 5.1-5.2 Business & Economy Guiding Principles• Focus primarily on retention and expansion of existing businesses; attracting new

businesses should also be encouraged.• Provide flexibility to the marketplace in siting future commercial and industrial

locations.• Strive for predictability for neighborhoods and developers.

ANALYSIS:

1. This request is a change of zone from H-1 Interstate Commercial to H-3 HighwayCommercial for two parcels. The applicant is requesting a change of zone for theparcel containing a gas station/convenience store. The City is including the adjacentrestaurant parcel in the change of zone since it would be the only remaining H-1parcel in the area.

2. The applicant has indicated that their intention is to redevelop the site into a new gasstation/convenience store, and the H-3 district provides more flexibility. Specificallymentioned by the applicant is the parking requirement: the H-3 district requires halfthe parking of the H-1 district.

3. The H-1 district is intended to provide services for interstate travelers. It includesuses such as gas stations, hotels, vehicle repair, and restaurants. The H-3 districthas a similar but expanded purpose. The district is intended for uses that requirehigh visibility and/or access from major highways. It includes traveler services, butalso a wide variety of other uses that require an adjacent major highway.

4. The H-1 district is rarely used in the city. It is currently comprised of four small tractslocated near interchanges and totaling approximately 60 acres. H-1 district areashave been shrinking in size in recent decades, most often being replaced with H-3districts to allow for more flexibility. In this particular area the H-1 district wasoriginally much larger and has been replaced over time by the H-3 district.

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5. The primary differences between the H-1 and H-3 districts are listed below:• The H-3 district allows for a wider variety of uses. See attachment for a

comparison of uses in the districts.• The H-1 district general parking requirement is 1 stall per 150 square feet of

building area. The H-3 district general requirement is 1 stall per 300 squarefeet of building area. Required parking for special uses per 27.67.040 is thesame in both districts. Several heavy commercial uses per 27.67.066 havea reduced parking requirement of 1 stall per 500 square feet in the H-3district.

• The H-1 district has a side yard of five feet. The H-3 district side yard is thesmaller of 15 feet or ten percent of lot width.

• The H-3 district allows for slightly larger off-premises signs. Center signs(listing multiple businesses in a shopping center) are permitted in the H-3district and not permitted in the H-1 district.

6. The adjacent restaurant parcel is being included in this application at the request ofthe City because it would be the only remaining piece of H-1 district in the area. Thechange of zone would provide consistency with neighboring properties whileallowing the restaurant to maintain its existing operation.

The restaurant should not be negatively impacted from this change of zone. Theside yard would be increased from five feet to 15 feet. It is possible that some of therestaurant’s parking area would be within the new side yard. Parking is typically notallowed in the side yard; however, the parking would pre-date this change of zoneand could continue indefinitely as a legal nonstandard use. The new side yard onlycomes into effect if the site is redeveloped, and no changes to the existing sitelayout would be required.

Restaurants are permitted in both districts. A wider variety of uses would beavailable and less parking may be required if the owner decides to redevelop thesite in the future.

7. The convenience store currently has a special permit for off-premises alcohol sales.The special permit would need to be amended with a significant reconfiguration ofthe site.

Prepared by:

________________________Andrew Thierolf, AICP; 441-6371, athierolf@lincoln.ne.govPlanner

January 23, 2017

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APPLICANT/ Mark WilkinsonCONTACT: 214 E 5th Street

North Platte, NE 69101

OWNERS: Ingrid BangersPO Box 80274Lincoln, NE 68501

McDonalds Corporation State Site #260027PO Box 182571Columbus, OH 43218

F:\DevReview\CZ\17000\CZ17001 Fat Dog's C-Store.adt.wpd

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File: F:\DevReview\PlannerPacket\MXD\Agendadrawings.mxd (CZ17001)

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2016 aerial

One Square Mile: Sec.10 T10N R06E

Zoning:R-1 to R-8AGAGRO-1O-2O-3R-TB-1B-2B-3B-4B-5H-1H-2H-3H-4I-1I-2I-3P

Residential DistrictAgricultural DistrictAgricultural Residential DistrictOffice DistrictSuburban Office DistrictOffice Park DistrictResidential Transition DistrictLocal Business DistrictPlanned Neighborhood Business DistrictCommercial DistrictLincoln Center Business DistrictPlanned Regional Business DistrictInterstate Commercial DistrictHighway Business DistrictHighway Commercial DistrictGeneral Commercial DistrictIndustrial DistrictIndustrial Park DistrictEmployment Center DistrictPublic Use District

Zoning Jurisdiction Lines

Area of Application

Lancaster County Jurisdiction

PDF: F:\Boards\PC\Internet\out\

Change of Zone #: CZ17001 (H-1 to H-3) Fat Dog’s C-StoreNW 12th St & W Bond St

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