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HomeMy WebLinkAboutminutesDecember 2, 1999 ITEM NO.: A FILE NO.: LU99-13-02 Name: Land Use Plan Amendment - 65th Street East Planning District Location: 4807 Ballinger Rd. Request: Single -Family to Suburban Office Source: Emmanuel Ilodiamya PROPOSAL / REQUEST: Land Use Plan amendment in the 65th Street East Planning District from Single Family to Suburban Office. The Suburban Office category provides for low intensity development of office or office parks in close proximity to lower density residential to assure compatibility. A Planned Zoning District (PZD) is required. The applicant proposes to open an out patient family counseling office. EXISTING LAND USE AND ZONING: The applicant's property is zoned R-2 Single Family and is approximately .94± acres in size. Currently, a single- family residence occupies the site. A railroad track runs through a tract of wooded property in an R-2 zone on the north side of Ballinger Road. Single-family dwelling units sit on Ballinger Road in an R-2 zone to the northeast of the site in question. A small vacant apartment complex occupies the property to the southeast in an R-5 Urban Residence zone. The neighborhood to the south and west consists of single family dwelling units built on property zoned R-3 Single Family. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The property is located in, and surrounded by, areas shown as Single -Family. On July 6, 1999 a change was made from Single Family to Park/Open Spaces and Mixed Commercial and Industrial on Woodcrest Drive between Battle Road and Southern Oaks Drive about a half -mile southwest of the applicant's property. On June 4, 1996, a change was made from Commercial to Industrial on Forbing Road west of the Geyer Springs December 2, 1999 ITEM NO.: A (Cont. FILE NO.: LU99-13-02 intersection about a three fourths of a mile southwest of the applicant's property. On February 20, 1996 a small change was made from Commercial to Suburban Office and Mixed Use on Geyer Springs Road near the intersection of Forbing Road about three fourths of a mile southwest of the applicant's property. MASTER STREET PLAN: Ballinger Road is shown as a local residential street on the Master Street Plan. PARKS: The applicant's property is located south of the Benny Craig Park. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property is not located in an area covered by a city recognized neighborhood action plan. ANALYSIS: The property in question matches the rural characteristics of the houses along Hoffman Road with large lots and houses near the front of the property. It sits next to the edge of residential subdivision characterized by smaller lots typical of mid -sixties and early seventies development. The vacant apartment complex located southeast of the applicant's property was developed at the rear of the neighboring property while retaining the house at the front of the property. The Union Pacific Railroad tracks separate the applicant's neighborhood and the neighborhood to the north. Suburban Office has been used in other areas as a buffer between more intense uses and Single Family. In this case, there is nothing to buffer since all of the abutting uses are residential. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Wakefield N.A. and Geyer Springs N.A. Staff 2 December 2, 1999 ITEM NO.: A (Cont. FILE NO.: LU99-13-02 has received no comments from area residents. The applicant provided us with a petition that contains 35 signatures of support from area residents. Wakefield Neighborhood Association, in which this application lies, is in support of the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. The applicant's property is located in an area completely surrounded by residential uses. The applicant's property is located on a residential street. A change to Suburban Office would intrude on the residential character of the neighborhood. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) The applicant requested a deferral due to ill health. The bylaws were waved for the five-day notice. This item was placed on the consent agenda for deferral and was approved with a vote of 9 ayes, 0 noes and 2 absent. This item was deferred to the December 2. PLANNING COMMISSION ACTION: (DECEMBER 2, 1999) Brian Minyard, of Staff, presented the item to the Commission. Emmanuel Ilodiamoia, the applicant stated that they chose this location near a bus stop for a counseling service clinic to be accessible to clients. Mr. Don Darnell, President of the Wakefield Neighborhood Association, spoke in support of the application and stated that the neighborhood association voted to support this application. Commissioner Herb Hawn asked Mr. Darnell if the neighborhood association discussed this issue as a land use issue independent of the counseling center. Mr. Darnell responded that the neighborhood association discussed the land use issue independent of the counseling center and voted to support the land use change. 3 December 2, 1999 ITEM NO.: A (Cont.) FILE NO.: LU99-13-02 Vice Chair Pam Adcock asked Mr. Ilodiamoia how he planned to work with the schools on family counseling. He stated that the Family Counseling would work with the school counselors to provide counseling services to the neighborhood. Commissioner Bill Rector asked if the clinic would be located in an existing structure. Mr. Ilodiamoia replied that the clinic would be located in an existing'house: Commissioner Rector explained that the regardless of the clinic, the Suburban Office use of the property could apply to a multitude of different types of offices. Mr. Jim Lawson, Planning and Development Director stated that even with approval of the land use change, the applicant would need to apply for a Planned Office Development (POD). Commissioner Hawn stated that he felt that a Conditional Use Permit (CUP) should be sufficient for a counseling clinic without changing the land use plan. Mr. Dana Carney of staff stated that a group home would be permitted with a Conditional Use Permit in an area zoned R-2 residential because to the residential nature of a group home. The clinic, however, is not a residential use and that a Conditional Use Permit would not be sufficient for the applicant's purpose. A conversation took place between the commission and staff about the merits of denying the land use change but approving a zone change. Commissioner Obray Nunnley asked Mr. Darnell why the neighborhood supported the land use change regardless of what the applicant wanted to do with the property. Mr. Darnell stated that the property faced a railroad track across the street and the property was not really suitable for residential uses. Commissioner Hawn stated that he felt that the members of the neighborhood association understood what they were supporting. Commissioner Craig Berry asked Mr. Darnell what drove the neighborhood to support the land use change. Mr. Darnell stated that the house on the applicant's property and the nearby apartments were a detriment to the neighborhood and 4 December 2, 1999 ITEM NO.: A (Cont.) FILE NO.: LU99-13-02 that Suburban Office use would improve the neighborhood while getting rid of unsuitable types of residential dwelling units. Commissioner Berry stated that he had problems with approving the land use change. Chair Hugh Earnest asked Walter Malone, of Staff, to explain to the applicant the steps to be taken if the land use plan amendment was to be denied. Mr. Malone explained the steps to be taken if the application is either approved or denied. The applicant could apply for a Planned Development. The Commission and staff had a discussion concerning the merits of this land use. Mr. Ron Woods spoke on behalf of the applicant. Mr. Ron Woods stated that he agreed with commissioners' concerns about separating the land use and zoning in this case and had opposed the idea that Mr. Ilodiamoia needed to apply for a land use change before applying for a zone change. Vice Chair Adcock stated that approval of this change would help to improve the neighborhood. A motion was made to approve the item as presented and was approved with a vote of 6 ayes, 5 noes and 0 absent. 5