Z-8532 Staff AnalysisFILE NO.: Z-8532
Owner:
Applicant:
Location:
Area:
Request:
Purpose:
Existing Use:
PIG Holdings Family Limited Partnership
Eric Pinter
4317 Baseline Road
0.52 Acre
Rezone from R-2 to C-3
Future Commercial Development
Vacant Single Family Residence
URROUNDING LAND USE AND ZONING
North — Undeveloped property (across Baseline Road); zoned 0-3
South — Single family residences on large lots; zoned R-2
East — Mobile home park; zoned R-2
West — Single family residence and convenience store; zoned R-2
A. PUBLIC WORKS COMMENTS:
No Comments,
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA bus route #15 (65th Street Route)-
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for Progress
and Upper Baseline Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs East Planning District. The
Land Use Plan shows Commercial for this property. The applicant has
applied for a rezoning from R-2 Single Family to C-3 General Commercial.
The request does not require a change to the Land Use Plan.
FILE NO.: Z-8532 (Cont.
This area is covered by the Upper Baseline Neighborhood Plan. The
Economic Development Goal states: "Create a competitive and adaptable
economic environment that encourages investment and diversity of
employment opportunities."
Master Street Plan:
Baseline Road is a Principal Arterial. The primary function of a Principal
Arterial is to serve through traffic and to connect major traffic generators or
activity centers within urbanized areas. Entrances and exists should be
limited to minimize negative effects of traffic and pedestrians on Baseline
since it is a Principal Arterial. This street may require dedication of right-of-
way and may require street improvements for entrances and exits to the
site.
Bicycle Plan:
There are no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS:
PIG Holdings Family Limited Partnership, owner of the 0.52 acre property
located at 4317 Baseline Road, is requesting to rezone the property from
"R-2" Single Family District to "C-3" General Commercial District. The
property is located on the south side of Baseline Road, east of Reck
Road. The rezoning is proposed for future commercial development of the
site.
The property contains a one-story frame single-family residential structure.
The structure is currently vacant. A driveway from Baseline Road at the
northeast corner of the lot serves as access to a carport on the east side
of the structure.
The general area contains a mixture of uses and zoning. There is
undeveloped 0-3 zoned property to the north, across Baseline Road, with
single family residences to the northwest. Single family residences on
large lots are located to the south along Bruno Road. A single family
residence and small mobile home park are located immediately to the
east, with commercial uses (zoned PCD and PD-C) further east. A single
family residence and convenience store with gas pumps are located to the
west, at the intersection of Baseline Road and Reck Road.
The City's Future Land Use Plan designates this property as
"Commercial". The requested C-3 zoning does not require an amendment
to the Land Use Plan.
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FILE NO.: Z-8532 (Cont.
Staff is not supportive of the requested rezoning to C-3. Although staff is
not opposed to a future commercial development of this property, it is
staff's opinion that this would be best addressed through a Planned
Zoning Development. This is based primarily on the fact that there are
single family residences immediately to the south along Bruno Road.
There is an established pattern of utilizing Planned Zoning Developments
in this area, along the south side of Baseline Road. In addition to
establishing the use of the property, a Planned Zoning Development will
also address issues such as buffers and screening of the adjacent
residential properties. Staff believes the applicant should explore the
possibility of a Planned Zoning Development as the most appropriate
option for rezoning this property.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (AP RIL 22, 2010)
Steve Pinter and Eric Pinter were present, representing the application. There
were two (2) objectors present. Staff presented the item with a recommendation
of denial. Staff noted that the applicant had amended the application by placing
a condition on the proposed C-3 zoning. Staff noted that the condition eliminated
the following uses as permitted/possible uses with the proposed C-3 zoning:
■ Beverage Shop
• Bar Lounge or Tavern
• Event Center
4 Private Club with dining or bar service
Sexually Oriented Business
Steve Pinter addressed the Commission in support of the application. He
explained that he had been in contact with Pat Gee of the Upper Baseline
Neighborhood Association, and that the condition added to the proposed C-3
zoning was to satisfy neighborhood concerns.
Pat Gee addressed the Commission in opposition. She explained that her
neighborhood Association was not completely comfortable with the proposed
rezoning. She stated that the Upper Baseline Neighborhood Association had
voted to not support the rezoning.
Staff explained that the rezoning condition would run with the property.
Steve Pinter stated that he thought the neighborhood was supportive of the
rezoning with condition. He explained that he did not know how the property
would be used, and if additional parking was needed it would be constructed.
3
FILE NO.: Z-8532 (Cont.
Commissioner Changose asked how long the Pinters had owned the property.
Steve Pinter noted a few months. Commissioner Nunnley explained that use of
the property might not be compatible with adjacent residential property.
Commissioner Rector noted that the land use plan designated the property as
commercial.
There was general discussion of staff's recommendation of a PZD rezoning
instead of the proposed C-3. This issue was discussed further with comments
from the Commission, applicants and staff. Minimum building setbacks and
buffers were discussed.
In response to questions from Commissioners Smith and Harpool, Ms. Gee
noted that the neighborhood voted to oppose the rezoning prior to the condition
being added. She stated that this neighborhood association would prefer a PZD
rezoning. She also stated that she knew the property was commercial on the
land use plan.
Commissioner Rouse noted support of staff's recommendation. Commissioner
Nunnley stated support of the C-3 rezoning with condition. Commissioner
Devine also noted support of the application.
There was a motion to approve the requested C-3 rezoning, with condition. The
vote was 8 ayes, 3 nays and 0 absent. The application was approved.
0
April 22, 2010
ITEM NO.: 5 FILE NO.: Z-8532
Owner: PIG Holdings Family Limited Partnership
Applicant: Eric Pinter
Location: 4317 Baseline Road
Area: 0.52 Acre
Request: Rezone from R-2 to C-3
Purpose: Future Commercial Development
Existing Use: Vacant Single Family Residence
SURROUNDING LAND USE AND ZONING
North — Undeveloped property (across Baseline Road); zoned 0-3
South — Single family residences on large lots; zoned R-2
East — Mobile home park; zoned R-2
West — Single family residence and convenience store; zoned R-2
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located on CATA bus route #15 (65th Street Route),
C. PUBLIC NOTIFICATION:
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified, and the SWLR United for Progress
and Upper Baseline Neighborhood Associations were notified of the public
hearing.
D. LAND USE ELEMENT:
This request is located in the Geyer Springs East Planning District. The
Land Use Plan shows Commercial for this property. The applicant has
applied for a rezoning from R-2 Single Family to C-3 General Commercial.
The request does not require a change to the Land Use Plan.
April 22, 2010
ITEM NO: 5 Cont. FILE NO.: Z-8532
This area is covered by the Upper Baseline Neighborhood Plan. The
Economic Development Goal states: "Create a competitive and adaptable
economic environment that encourages investment and diversity of
employment opportunities."
Master Street Plan:
Baseline Road is a Principal Arterial. The primary function of a Principal
Arterial is to serve through traffic and to connect major traffic generators or
activity centers within urbanized areas. Entrances and exists should be
limited to minimize negative effects of traffic and pedestrians on Baseline
since it is a Principal Arterial. This street may require dedication of right-of-
way and may require street improvements for entrances and exits to the
site.
Bicycle Plan:
There are no bike routes shown in the immediate vicinity.
E. STAFF ANALYSIS,
PIG Holdings Family Limited Partnership, owner of the 0.52 acre property
located at 4317 Baseline Road, is requesting to rezone the property from
"R-2" Single Family District to "C-3" General Commercial District. The
property is located on the south side of Baseline Road, east of Reck
Road. The rezoning is proposed for future commercial development of the
site.
The property contains a one-story frame single-family residential structure.
The structure is currently vacant. A driveway from Baseline Road at the
northeast corner of the lot serves as access to a carport on the east side
of the structure.
The general area contains a mixture of uses and zoning. There is
undeveloped 0-3 zoned property to the north, across Baseline Road, with
single family residences to the northwest. Single family residences on
large lots are located to the south along Bruno Road. A single family
residence and small mobile home park are located immediately to the
east, with commercial uses (zoned PCD and PD-C) further east. A single
family residence and convenience store with gas pumps are located to the
west, at the intersection of Baseline Road and Reck Road.
The City's Future Land Use Plan designates this property as
"Commercial". The requested C-3 zoning does not require an amendment
to the Land Use Plan.
K
April 22, 2010
ITEM NO: 5 Cont.) FILE NO.: Z-8532
Staff is not supportive of the requested rezoning to C-3. Although staff is
not opposed to a future commercial development of this property, it is
staff's opinion that this would be best addressed through a Planned
Zoning Development. This is based primarily on the fact that there are
single family residences immediately to the south along Bruno Road.
There is an established pattern of utilizing Planned Zoning Developments
in this area, along the south side of Baseline Road. In addition to
establishing the use of the property, a Planned Zoning Development will
also address issues such as buffers and screening of the adjacent
residential properties. Staff believes the applicant should explore the
possibility of a Planned Zoning Development as the most appropriate
option for rezoning this property.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (APRIL 22, 2010)
Steve Pinter and Eric Pinter were present, representing the application. There
were two (2) objectors present. Staff presented the item with a recommendation
of denial. Staff noted that the applicant had amended the application by placing
a condition on the proposed C-3 zoning. Staff noted that the condition eliminated
the following uses as permitted/possible uses with the proposed C-3 zoning:
a Beverage Shop
• Bar Lounge or Tavern
• Event Center
• Private Club with dining or bar service
a Sexually Oriented Business
Steve Pinter addressed the Commission in support of the application. He
explained that he had been in contact with Pat Gee of the Upper Baseline
Neighborhood Association, and that the condition added to the proposed C-3
zoning was to satisfy neighborhood concerns.
Pat Gee addressed the Commission in opposition. She explained that her
neighborhood Association was not completely comfortable with the proposed
rezoning. She stated that the Upper Baseline Neighborhood Association had
voted to not support the rezoning.
Staff explained that the rezoning condition would run with the property.
3
April 22, 2010
ITEM NO: 5 (Cont.
FILE NO.: Z
Steve Pinter stated that he thought the neighborhood was supportive of the
rezoning with condition. He explained that he did not know how the property
would be used, and if additional parking was needed it would be constructed.
Commissioner Changose asked how long the Pinters had owned the property.
Steve Pinter noted a few months. Commissioner Nunnley explained that use of
the property might not be compatible with adjacent residential property.
Commissioner Rector noted that the land use plan designated the property as
commercial.
There was general discussion of staff's recommendation of a PZD rezoning
instead of the proposed C-3. This issue was discussed further with comments
from the Commission, applicants and staff. Minimum building setbacks and
buffers were discussed.
In response to questions from Commissioners Smith and Harpool, Ms. Gee
noted that the neighborhood voted to oppose the rezoning prior to the condition
being added. She stated that this neighborhood association would prefer a PZD
rezoning. She also stated that she knew the property was commercial on the
land use plan.
Commissioner Rouse noted support of staff's recommendation. Commissioner
Nunnley stated support of the C-3 rezoning with condition. Commissioner
Devine also noted support of the application.
There was a motion to approve the requested C-3 rezoning, with condition. The
vote was 8 ayes, 3 nays and 0 absent. The application was approved.
51