Z-3844-B Staff AnalysisNovember 30, 1993
ITEM B Z- 844-B
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Gerald K. and Jaquetta Johnson
J. E. Hathaway, Jr.
Fairview Road and Pleasant
Ridge Road
Rezone from MF -6 and R-2 to
O-3
Office Development
2.24 acres
Vacant
SURROUNDING LAND USE AND ZONING
North - Vacant, zoned R-2
South - Vacant, Easter Seals and Commercial,
zoned R-2, 0-2 and 0-3
East - Single -Family, zoned R-2
West - Vacant and Single -Family, zoned R-2 and R-3
STAFF ANALYSIS
The property in question is located at the northeast corner
of Fairview Road and Pleasant Ridge Road. The request is to
rezone the site from MF -6 and R-2 to 0-3. The MF -6 land has
frontage on both streets and the R-2 portion is situated on
Pleasant Ridge, just west of Woodland Heights. As of this
writing, no specific use or user has been identified. The
entire site is vacant and wooded.
Zoning found in the general vicinity includes R-2, R-3, 0-2,
0-3, PRD and PCD. The property abuts R-2 zoned land on the
north and east. To the west is the Cedar Branch Subdivision
and it is zoned R-3. Across Pleasant Ridge, the zoning is
R-2, 0-2 and 0-3. The land use includes single family, a
church and school, office, a dog kennel and an Easter Seals
facility. The single family neighborhoods include a well-
established area along Summit Road, the Pleasant Forest
Subdivision and a small developing addition, Cedar Branch.
The dog kennel is a nonconforming use and there are still
some undeveloped tracts. At this time, the nonresidential
uses are situated to the south of Pleasant Ridge/woodland
Heights. At the intersection of Highway 10 and Pleasant
Ridge, there are some commercial uses, however, they are
somewhat removed from the area under consideration.
November 30, 1993
ITEM NO.: B Z- 844-B(Cont.)
The River Mountain District Plan identifies the site as part
of a single family area. It is the staff's position that
the land use plan's direction should be maintained by not
endorsing the requested office reclassification. Conditions
have not changed enough to justify a modification of the
plan to support a nonresidential rezoning at this time. In
fact, it appears that there is some renewed interest in
single family development because of the amount of new
construction underway in the Cedar Branch Subdivision, which
is directly to the west. Staff views the area north of
Pleasant Ridge as best suited for residential development
and cannot support the 0-3 request.
LAND USE PLAN ELEMENT
The adopted land use plan in the River Mountain District
recommends single family use for the area. The recent
development of single family homes to the west indicates the
reasonableness of the plan. Conditions have not changed to
warrant amending the plan.
ENGINEERING COMMENTS
The existing right-of-way for Fairview is deficient and
dedication of additional right-of-way is needed.
STAFF RECOMMENDATION
Staff recommends denial of the 0-3 rezoning request.
PLANNING COMMISSION ACTION: (SEPTEMBER 7, 1993)
Staff reported that the applicant had submitted a request
for a deferral. As part of the Consent Agenda, the item was
deferred to the October 19, 1993 meeting. The vote was
9 ayes, 0 nays and 2 absent.
PLANNING COMMISSION ACTION: (OCTOBER 19, 1993)
Staff informed the Commission that the applicant had
submitted a letter requesting a deferral, but it was
received less than the required five working days.
Therefore, the Commission would have to waive the Bylaws to
accept the deferral request.
Jeff Hathaway was present and offered some comments about
the case and the need to defer the item.
2
November 30, 1993
ITEM B Z- 844-H Cont.
Cloie Morgan, a resident of the Cedar Branch'Subdivision,
addressed the Commission and said that she was in support of
the deferral.
The item was added to the Consent Agenda and deferred to
November 30, 1993 meeting. The Commission also waived the
bylaws. The vote was 9 ayes, 0 nays, 1 absent and 1 open
position.
PLAhTNTNG COMMISSION ACTION: (NOVEMBER 30, 1993)
The applicant, Jim Hathaway, was present. There were no
objectors. Mr. Hathaway spoke and distributed some
materials to the Planning Commission. He discussed the
request and then described the existing uses and development
in the area. Mr. Hathaway said the development would be low
density and that the applicant has agreed to add certain
conditions to the rezoning ordinance. Mr. Hathaway informed
the Commission that there was no user for the property. He
then went on to list the conditions and they were:
1. A building height restriction of 24 feet or two-
story.
2. Maximum lot coverage of 25%.
3. No curb cut on Fairview; 2 curb cuts on Pleasant
Ridge Road.
4. A 20 foot wide landscaped buffer along the
Fairview Road frontage.
5. A 15 foot wide buffer on the south, east and a
portion of the north boundaries.
Mr. Hathaway continued by saying the curb cut restriction on
Fairview should address some of the concerns raised by the
residents of the Cedar Branch Subdivision. He then asked
for approval of the 0-3 with conditions and said office was
a logical use because of the existing land use.
Staff then addressed the Commission and indicated support
for the 0-3 rezoning. Staff said they were satisfied with
the conditions, especially with the addition of a 15 feet
buffer on the south, along Pleasant Ridge.
A motion was made to recommend approval of the 0-3 with the
listed conditions.
KI
November 30, 1993
ITEM NO.: B-3 44-B ion
There was some discussion prior to the vote.' Comments were
made about limiting certain 0-3 conditional uses and site
plans. It was pointed out that any conditional use in 0-3
would have to be reviewed and approved by the Planning
Commission.
The vote on the motion was 8 ayes, 0 nays, 1 absent,
1 abstention and 1 open position.
4