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Council amends Windsor Square zoning to permit medical/dental tenant; owner agrees to good‑faith effort to add parking lot trees

2109489 · January 14, 2025
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Summary

The board approved a requested change of conditions to allow a dental clinic in an existing restaurant space at 9727 East Independence Boulevard, after the applicant agreed to make a good‑faith effort to add two parking‑lot trees if cross‑parking declarations allow.

The Board of Commissioners approved a requested change of conditions for 9727 East Independence Boulevard to add medical/dental office as a permitted use in the property’s conditional zoning. Planning staff said the parcel contains 109 existing parking spaces and that the proposed tenant’s lease requires 105 spaces.

Planning staff and the Planning Board reviewed parking and restrictive covenants that apply across several parcels in Windsor Square; the Planning Board recommended approval 6–1. Commissioners questioned whether additional parking‑lot landscaping could be added to reduce the heat‑sink effect of large asphalt areas. The property owner and representatives said the lot is encumbered by two restrictive declarations that treat parking as a common area and that any physical changes to shared parking will require consent from declarant parties.

After discussion, the property owner agreed to make a good‑faith effort to secure permission from the other declarants and to install two landscape islands/trees in the parking lot if consent is given; the board included that commitment as part of the approval. Commissioners said the effort would improve aesthetics and reduce surface heat in a dense shopping center.

The motion to amend the conditional district to add medical/dental offices passed unanimously. Staff will work with the applicant on the site‑plan details and any necessary consents from the shopping‑center restrictive covenants.