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Z-5548 Staff AnalysisApri1,21, 1992 ITEM NO.: C Z-5548 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Derek and Carolyn Lewis David E. Simmons 6207 Northmoor Drive Rezone from R-4 to 0-3 Daycare Center. 0.25 acres Vacant Residence SURROUNDING LAND USE AND ZONING North - Office, zoned 0-3 South - Single -Family, zoned R-2 East - Vacant, zoned 0-3 West - YWCA, zoned R-5 STAFF ANALYSTS The request for 6207 Northmoor Drive is to rezone the lot from R-4 to 0-3. It is the staff's understanding that the immediate use for the property is a daycare center. The owner's long range plans for the location include some type of office function and that is why an 0-3 reclassification has been requested. Currently, there is a single story residence on the lot. Zoning of the neighborhood includes R-2, R-5, 0-3 and C-3. The property in question abuts 0-3 on the east and across Northmoor the zoning is 0-3. Land use is made up of single family residences, churches, a medical clinic, commercial, a tennis complex (in public) and park, the Boys Club and YWCA. A number of the lots to the east, zoned 0-3, are undeveloped at this time. The existing 0-3 lots within the subdivision have a very involved history and some of it appears to be relevant to the case before the Commission. 1984 - Some of the lots were rezoned to 0-2 and the reclassification created a very undesirable zoning configuration. Staff recommended denial and there was strong neighborhood opposition. 1 April 21, 1992 ITEM NO.: C Z-5548 (Con 1988 - The entire area was rezoned to 0-3 with certain conditions. Again, staff was opposed to the action and some of the objections were raised by a neighbor. With both requests, staff felt that office zoning was misplaced and would have an adverse impact on the single family lots. The current 0-3 request for 6207 Northmoor raises the same issues as the previous office rezonings south of Northmoor, and staff is opposed to the proposed 0-3 reclassification. Staff has always viewed Northmoor as a desirable zoning line between residential and nonresidential zoning. The lots south of Northmoor were platted for single family residences, which the staff still believes is the most appropriate use for the land. Even with the 0-3 zoning of the lots, the Boyle Park District plan was never amended and all the lots are identified for single family use, including the one under consideration. An 0-3 reclassification will violate the plan and is not necessary for the proposed use because the daycare center is a conditional use in the R-4 district. (For informational purposes only - the Bill of Assurance restricts the use of lots to single family residences and is in effect until the year of 2002. To amend the Bill of Assurance, 70% of the property owners must sign a written instrument.) ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends denial of the 0-3 rezoning request. PLANNING COMMISSION ACTION: (MARCH 10, 1992) The applicant, David Simmons, was present. There were two objectors in attendance. Mr. Simmons addressed the Commission and said that all of the notice requirements have been met. He continued by discussing the 0-3 request and indicated that a daycare was the immediate use, with the long term use being an office or lab. Mr. Simmons said the K April 21, 1992 ITEM NO.: C Z-5548 (Cont. existing single family residences face Cleveland, and there would be no increase in traffic from the proposed uses. Mr. Simmons then presented some photos and said that he has talked with several of the neighbors. Carolyn Lewis, one of the owners, said the rezoning was for a daycare and the possible expansion of the existing clinic/office use. Ms. Lewis asked that the 0-3 be approved and told the Commission that a daycare was needed. Jeffery Hampton, adjacent owner to the south, said the owners of the property in question have the neighborhood's best interest in mind, and it was difficult to locate a quality daycare. Mr. Hampton expressed his support for the rezoning and made some additional comments. Billy Williams, Bittersweet Drive, objected to the 0-3 and presented a petition with 56 signatures opposed to the rezoning. Mr. Williams said the office zoning would create problems for the neighborhood and the existing clinic has increased traffic. He then discussed the history of the area and said major traffic problems have been created because of recent developments. Mr. Williams concluded by saying that housing values have decreased because of other nonresidential rezonings. Warren Campbell, 1311 South Cleveland, told the Commission that the rezoning would destroy another neighborhood and could start a cycle of deterioration. Mr. Campbell said the lot lacks the necessary area for adequate parking, and there was vacant office property in the immediate vicinity. Mr. Campbell concluded by saying the homeowners stand to lose and asked the Commission to deny the request. David Simmons spoke again and discussed other zoning options for the property. Mr. Simmons responded to some of the objections raised by the neighbors and said the clinic did not generate a lot of traffic. There was long discussion about utilizing a design review process for the property and amending the request to a PUD. After some additional comments, David Simmons requested a deferral. A motion was made to defer the issue to the April 21, 1992 meeting. The motion was approved by a vote of 10 ayes, 0 nays, 0 absent and 1 abstention (Ramsay Ball). 3 April 21, 1992 ITEM NO.: C Z-5548 Cont. PLANNING COMMISSION ACTION: (APRIL 21, 1992) The applicant, David Simmons, was present. There were four objectors in attendance. Staff reported that the request has been amended from 0-3 to POD and indicated basic support for a very restrictive POD. David Simmons addressed the Commission and said that the appearance of the residence would not change if the POD was approved. Mr. Simmons went on to say that the owners want the ability to utilize the property for office/clinic related uses. Billy Williams, 6110 Bittersweet, submitted a petition with 95 signatures opposed to any use other than residential. Mr. Williams made some comments about parking and said there was strong opposition to any reclassification. Pat Campbell, 1311 South Cleveland, spoke against the request and said she was concerned with the neighborhood's future. Ms. Campbell discussed the parking and the direction the neighborhood was going. She told the Commission that traffic congestion was a problem and expressed concerns with a possibility of a medical lab. Ms. Campbell then asked the Commission to vote to deny the request. David Simmons made some additional comments about traffic and parking. Mr. Simmons indicated that the existing problems were created by North Cleveland. He also said that no patients would utilize the residence. Billy Williams commented on the Northmoor driveway being changed. Verdia Hence discussed the petition and traffic circulation. Stephen Giles, Assistant City Attorney, addressed the Bill of Assurance issue. There was a long discussion and staff again voiced its support for the amended POD. A motion was made to recommend approval of the POD as amended. The vote was 3 ayes, 6 nays, 1 absent and 1 abstention (Ramsay Ball). The motion failed and the request was denied. 4