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Z-5686 Staff AnalysisJanuary 11, 1994 ITEM NO.: A Z-5686 Owner: Ike Uketui Applicant: Ike Uketui Location: 4807 Ballinger Request: Rezone from R-2 to R-5 Purpose: Multifamily Size: 0.9 acres Existing Use: Single -Family SURROUNDING LAND USE AND ZONING North - Railroad tracks, zoned R-2 South - Single -Family, zoned R-2 East - Single -Family and Multifamily, zoned R-2 and R-5 West - Single -Family, zoned R-3 STAFF ANALYSIS 4807 Ballinger Road is occupied by a single family residence and the owner would like to convert the building to four or five units. To allow the increase in the number of dwelling units, the property must first be rezoned to R-5. The existing residence sits on the front 1/4 of the lot and the rear 3/4 is undeveloped. The site has 125 feet of frontage on Ballinger and a depth of 410 feet. Zoning is R-2, R-3, R-5 and I-2, with the property in question abutting R-2, R-3 and R-5. There are several tracts to the east that are zoned R-5 and two of them appear to be undeveloped. The I-2 is found to the northeast, east and southeast, the industrial area that is along Patterson Road. Land use is made up of single family, commercial and industrial. There are no conventional multifamily developments in the immediate vicinity. The abutting R-5 is developed with several detached single family structures. The proposed R-5 rezoning is in conflict with the adopted 65th Street East Plan, and staff does not support the request. The plan does not recognize the existing R-5 on Hoffman and the nearest multifamily area shown on the plan is approximately 1/4 mile to south. It is our position that January 11, 1994 ITEM NO.: A Z-5686 Cont.) the recommended land use pattern should be maintained by not approving the proposed R-5 reclassification. Endorsing the R-5 could create additional problems for the area, which has already been impacted by some of the multifamily sites found along Butler Road. Another concern is that R-5 rezoning could allow between 20 to 25 units based on the lot size and the land area per family requirement in the R-5 district. A large number of units on the property could create an undesirable living environment, and impact the livability of the entire neighborhood. LAND USE PLAN ELEMENT The request is in conflict with the plan. The 65th Street East Plan recommends single family for this location. Conditions have not changed in the area to warrant a plan amendment. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends denial of the R-5 rezoning request. PLANNING COMMISSION ACTION: (JUNE 15, 1993) Staff informed the Commission that the item needed to be deferred because the applicant did not notify the property owners. As part of the Consent Agenda, the issue was deferred to the July 27, 1993 hearing. The vote was 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (JULY 27, 1993) Staff informed the Commission that the applicant had requested a deferral to October 19, 1993 hearing. As part of the Consent Agenda, the Commission voted to defer the issue to October 19, 1993. The vote was 7 ayes, 0 nays and 4 absent. 2 January 11, 1994 ITEM NO.: A Z-5686 Cont. PLANNING COMMISSION ACTION: (OCTOBER 19, 1993) Staff updated the Commission and indicated that the owner would like to amend the application to PRD for a total of four units, and had submitted a letter requesting the PRD. Staff stated that they were still opposed to any multifamily reclassification of the site. Ike Uketui, the owner, was present. There was one objector in attendance. Mr. Uketui discussed his understanding of the property's zoning and said that he was informed by the City Enforcement staff that a portion of the site was zoned for multifamily use. Mr. Uketui went on to say that he purchased the property based on the information provided by the City. He then discussed his plans for the property and said he would like to be allowed to use the land for a maximum of three units. There was a long discussion about the request and the property zoning. Benjamin Watson, a resident on Apple Cove, objected to the proposed reclassification and submitted a petition opposed to the rezoning. Mr. Watson described the neighborhood and some of the area's problems. He then reminded the Commission that Butler Road was located in the general vicinity. A motion was made to defer the item to allow the staff and Mr. Uketui to resolve the zoning question. The issue was deferred to the November 30, 1993 hearing. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (NOVEMBER 30, 1993) The applicant, Ike Uketui, was not present. There were no objectors in attendance. Staff recommended that the item be deferred. As part of the Consent Agenda, the Planning Commission voted to defer the issue to the January 11, 1994 hearing. The vote was 9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (JANUARY 11, 1994) The applicant was not present. Staff recommended that the item be withdrawn without prejudice. 3 January 11, 1994 ITEM NO.: A Z-5686 (Cont.) A motion was made to withdraw the rezoning request without prejudice. The motion was approved by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. 4