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Project: Devon Park Flex Space (MCU-07-002)
Location, size of property and existing zoning: The subject property is located at 1875 N. Lakes Place in
Devon Park Subdivision on the north side of Fairview Avenue, midway between Meridian Road &
Locust Grove Road. The property is 2.14 acres in size and is zoned R-40 (PD previously approved office
uses on this property).
Adjacent Land Use and Zoning:
1. North: Assisted Living and Alzheimer's Facilities, zoned R-15
2. East: Vacant (approved for office uses), zoned R-40
3. South: Vacant (approved for office uses), zoned R-40
4. West: Residential homes in Fairview Terrace mobile home park, zoned R-8
Applications: CUP modification to allow for flex space, warehouse/storage and show room space on Lots
26, 27, 28, & 29 of the proposed Devon Park Subdivision No. 3.
Conditional Use Information:
1. Non-residential square footage: 8,000 square feet (4 buildings)
2. Hours of Operation: 8:00 am to 6:00 pm
Summary of Proposed Streets and/or Access: Primary access to the site is provided from Fairview
Avenue via N. Lakes Place. No new access points are proposed or approved with this application.
Comprehensive Plan Designation: Mixed Use — Community
Compliance with Comprehensive Plan: Staff believes that the proposed use is not consistent with the
Plan's intent of providing compatible land uses between properties. Further, Staff does not believe that
the proposed use is compatible with the uses desired for the MU-C land use category which provide for
day-to-day service oriented businesses that serve the community.
Compliance with UDC: This property is currently zoned R-40, but was previously approved for office
uses. Staff believes that if this property were zoned to reflect the land uses approved with the PD, it would
have an L-O zoning district designation. This belief is based on the close proximity of the residences to
the property and the "office" uses that were allowed with the PD approval. Professional Services (offices)
are permitted uses in all of the four commercial zoning districts. Flex space is a permitted use only in the
C-C and C-G districts and is subject to specific use standards (UDC 11-4-3-18) as follows: Retail use
shall not exceed 25% of leasable area in any tenant space. The floor plan (see Exhibit AA) shows future
warehouse/showroom area in excess of 25% of the tenant space. Showroom area is considered retail space
because items displayed are available for retail sale. Flex space is prohibited in the L-O and C-N zoning
districts.
Proposed DA requirements: None; Staff is recommending denial.
History of Previous Actions:
➢ The subject property was annexed (AZ-02-011) in 2002 and zoned R-40. A Development
Agreement was recorded at that time (Instrument No. 102143306).
➢ A Planned Development (CUP-02-014) was approved in 2002 for Fairview Lakes (aka
Devon Park) for a 192-unit apartment complex, clubhouse, and commercial/office buildings
consisting of 114,500 square feet of commercial uses and 15,000 square feet of office uses.
➢ A Conditional Use Permit modification (CUP-03-014) was approved in 2003 for detailed
approval of a 96-unit apartment complex, 52,250 square feet of office space, and conceptual
approval of 122,000 square feet of commercial space adjacent to Fairview. Office uses were
approved in the R-40 zone with this application. A Development Agreement modification
was also approved (Instrument No. 103097614) at that time. (This CUP replaced CUP-02-
014.)
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➢ A Conditional Use Permit (CUP-05-023) was approved in 2005 for a public/quasi public use
(the DMV) and for detailed site plan and building elevation review and approval of the
previous conceptually approved office park, with amended setbacks as follows:
Front yard with common lot - 0'
Interior side yard - 10'
North property line contiguous to Fairview Lakes Apartments —10'
Rear setbacks contiguous to the Settlers Village Subdivision — 15'
Setback from North Lakes Place - 20'
➢ A Preliminary Plat (PP-05-018) was approved in 2005 for Devon Park Subdivision No. 3
consisting of 16 commercial building lots and 1 common lot on 3.26 acres, zoned R-40 and
C-G. This PP re -platted a portion of the property platted with PP-02-034.
➢ A Final Plat (FP-06-015) was approved in 2006 for Devon Park Subdivision No. 3 but has not
yet been recorded.
Note: A building for John Flaherty Construction (CZC-05-091) was approved in 2005 along the
east side of the Devon Park development that contained an overhead door on the side elevation.
This approval was granted in error.
Elevations: Yes
Outstanding Issue(s) for Commission: Commission should determine if the proposed flex space use is
appropriate within the Devon Park development.
Staff Recommendation: Staff is recommending denial of the Applicant's CUP modification request, as
presented in the Staff Report, based on the Findings of Fact as listed in Exhibit C.
Notes: