Cherokee County approves multiple Highway 92 overlay variances for three-parcel commercial plan

Cherokee Countymembers approved five variances to allow a three-parcel commercial subdivision along the Highway 92 corridor that included reduced platted setbacks, removal of some 40-foot streetscape requirements, additional parking and altered driveway spacing.

Staff described the 2.39-acre site at 1088 Highway 92 in the Highway 92 Overlay District (zoned GC) and said the applicant proposes three outparcels for restaurant and auto service tenants. The requests included: reducing a platted 50-foot setback along Cabela's Way to 30 feet and a 15-foot setback along Northpointe Parkway to 10 feet (Article 5, Section 5.5-9 on recorded plats); removing the 40-foot Highway 92 streetscape along Cabela's Way and Northpointe Parkway (Article 16, Section 16.1.5 Streetscape); increasing maximum parking from 45 to 51 spaces (Article 16 parking ratio), reducing minimum driveway/intersection spacing required by development ordinance 4.07B (from 250 feet to 80/190 feet on a short connector road known as Cabela's Way), and eliminating a required right-turn deceleration lane at the Northpointe Parkway entrance per Section 4.11 (driveway standard) based on projected low right-turn volumes.

Applicant representative Sidney Hammond of Paulson Mitchell & Wise argued the site is constrained by four road frontages and by the short length of Cabela's Way (approximately 450 to 480 feet). He said the project will maintain the 40-foot streetscape along Highway 92 itself and install a 10-foot landscape strip along the other frontages; he also said proposed parking reflects tenant needs. Transportation staff noted the county preferred aligning the primary entrance with an existing entrance across Cabela's Way (the Chick-fil-A/QuickTrip development under construction) but recognized the roadway geometry makes the 250-foot spacing impossible.

The board took the variances in separate motions. They approved the reductions to recorded plat setbacks (vote 3-1, Tressler opposed), approved an increase in maximum parking (4-0), removed the 40-foot streetscape along Cabela's Way and Northpointe Parkway (4-0), approved the reduced driveway spacing conditioned on the site being built as drawn and with county transportation concurrence (3-1, Tressler opposed), and approved elimination of the required deceleration lane for the Northpointe Parkway entrance (4-0). Members said transportation approval or revision to match the approved zoning variance plan (ZV-3) should be referenced in permit documents.

Sidney Hammond told the board the project would route stormwater to a regional detention area and said the plan was intended to preserve the Highway 92 overlay character along the state road while allowing developable area on the side streets. The applicant argued a strict interpretation of the overlay parking maximum would prevent viable tenants from leasing the outparcels.

Speakers included planning staff, the applicant representative, and no members of the public signed in opposed at the hearing.

Key conditions: motions referenced the submitted zoning variance plan (ZV-3) as an exhibit; the board requested transportation department approval for driveway configuration and asked that the entrances be right-in/right-out where shown, or otherwise align across from the approved entrance on the north side of Cabela's Way.

Authorities cited: Article 16, Highway 92 Overlay District (streetscape and parking requirements), Article 5 Section 5.5-9 (recorded plat standards), Development Ordinance Section 4.07B (intersection spacing) and 4.11 (driveway design).