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.
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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
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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).
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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.
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