Explanation
Rezoning Amendment: Z91-052E
Ordinance #366-92, passed March, 2, 1992 (Z91-052), for the property located at 4865 North Hamilton Road, rezoned 21.41± acres to the L-C-4, Limited Commercial and CPD, Commercial Planned Development districts. That rezoning established two subareas each having specific use prohibitions and development standards including building design, height, setbacks, landscaping, lighting, access, and graphics restrictions. Ordinance #2215-1998, passed September 14, 1998 (Z91-052B), modified signage requirements, and Ordinance #1247-2004, passed November 29, 2004 (Z91-052C), modified the roof pitch and roof material requirements. One previous amendment has also been approved for text modifications to part of the Z91-052 site with Ordinance #1109-2019, passed May 6, 2019. The property subject to this amendment is part of Subarea 1 of Z91-052 along the north side of Morse Road. The site is addressed as 4750 Morse Road, and is developed with an eating and drinking establishment. When the site was constructed, the fence along the site frontage required by the limitation overlay text was installed at a lesser setback (at 20 feet instead of 30 feet from the right-of-way) thereby creating a noncompliant situation. Relocation of the fence to a compliant setback would require the mature landscaping and mounding along the site frontage to be removed and replaced. This ordinance amends the fence setback in the limitation overlay text established originally by Ordinance #366-92 (Z91-052) and subsequently amended by Ordinance #1247-2004 (Z91-052C) specifically for this property. This amendment makes no other changes to Ordinance #1247-2004 or subsequent amendments to Ordinance #366-92.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Emergency Justification: The proposed amendment to the limitation text allows Chipotle to leave a fence in its current location, which per the existing limitation text is non-compliant. By allowing this to pass as...
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