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HomeMy WebLinkAboutZ-3434-A Staff AnalysisMay 30, lr995 ITEM NO.: 1 Z -3434-A (Cont.) A used car, C-4 application was denied around the corner on Barrow Road earlier this year. The only negative effect for residential that staff observed is the lots abutting this property on the south and at the southeast corner. some separation of use is appropriate. LAND USE PLAN ELEMENT The site is located in the Boyle Park District. The Plan recommends Commercial. A "C-4" use next to single family is not desirable, therefore a buffer is recommended adjacent to the single family use area. ENGINEERING COMMENTS 1. Dedicate Asher Avenue right-of-way to 45 feet from centerline. 2. With future construction: a. Street widening to 33 feet from centerline. b. One driveway to be allowed on frontage. C. Stormwater detention analysis will be required. d. AHTO approval of work in the Asher right-of-way. e. vicinity information and base flood elevation data or floodplain certification prior to city permitting any development on this site. STAFF RECOMMENDATION Approval of the application subject to right-of-way dedication and provision of a 50 foot "OS" zone along the south property line and extending north along the east line for 109 feet, behind the residential lot. PLANNING COMMISSION ACTION: (MAY 30, 1995) The staff offered its recommendation on this matter which was a modified approval of the requested rezoning to C-4. Staff pointed out that its recommendation for a 50 foot OS strip along the south and east property line is to serve as a undisturbed buffer area between a potential residential area on large deep lots. The Chairman then asked the applicant, Mr. Reed, to come forward and present his comments. Mr. Reed indicated that he is the owner of the residential property lying to the rear of this rezoning site. He indicated that there was a floodplain property and a water flow area along the rear of 2 Mayr30, 1995 ITEM NO.: 1 Z -3434-A (Cont. this rezoning site that in some respects act as a buffer area. He pointed out that there were no existing residences in close proximity to the rear of this property. But in fact, there were two 75 foot wide and very deep lots running between the single family homes and the back of his property. Mr. Reed pointed out that this low lying area would probably not ever be used for anything unless someone could build it up and deal with the drainage problem. Chairman Walker raised the question of dedicating the floodway to the City in as much as Mr. Reed owned that property. The staff pointed out that this was not floodway but floodplain area; therefore, there is no dedication requirement. There was then a brief discussion of combining several of Mr. Reed's properties to move the buffering effect further to the south and in fact give him better utilization of the requested zoning site. It was pointed out that properties south of the C-4 application were not included in the application. Mr. Reed pointed out that he did recognize that there was a residence that reared upon his east property line at the south corner, and there needed to be a buffer there undisturbed. Richard Wood, of the Staff, pointed out that there was one adjacent resident that called and indicated that she definitely wanted an undisturbed strip to the rear of her residence to provide some shielding or separation from the new activity. A brief discussion then followed involving staff, the Chairman and Mr. Reed. The result being that Mr. Reed understood that this recommendation of staff did not lock him down permanently as to the use of his land. He did have options to return in some future point and include other owned properties or modify the existing application. Wood stated that the C-4 zoning which has been requested and supported by staff does include a lot of uses that would not be appropriate adjacent to single family residential areas such as mobile home sales lots and uses that would create noise and other disturbances. Commissioner Adcock then asked a question of Mr. Reed as to whether his proposal to sell trailers also included their manufacture, assembly or other activities. Mr. Reed responded by saying that his business sells trailers and they do not manufacture them. The Chairman then instructed Mr. Reed that he was in charge of his own application. It was his option as to whether he wanted the Commission to vote on the application as filed, except the staff's recommendation or offer some other approach. 3 May X30, 1995 ITEM NO.: 1 Z -3434-A (Cont._) Mr. Reed stated that he would accept the recommendation of the staff. The Chairman offered the item to the Commission for a vote. It was pointed out that there was one card turned in. An objection from a Mrs. Dorothy Kinney who owns property on Manor Drive to the south and east requested the buffer relationship. The item placed before the Commission was approval of the C-4 application with the buffer along the south line and a portion of the southeasterly property line. A vote on the application produced a vote of 7 ayes, 1 noe and 3 absent. 4 FILE Z- 4 4-A Owner: Applicant: Location: Request: Purpose: Size: Existing use: Freddie H. Reed Freddie H. Reed 8623 Asher Avenue Rezone from C-3 to C-4 Utility Trailer Sales 1.11 acres Vacant, mostly tree covered with parking lot violation. SURROUNDING LAND USE AND ZONING North - Rosedale Optimist Club and Commercial, zoned R-2 and C-3 South - Deep Residential Lots, zoned R-2 East - Office/Commercial, zoned C-1 West - Commercial, zoned C-3 STAFF ANALYSIS The subject site is a vacant parcel adjacent to Mr. Reed's business. Currently, he is using the site as unpaved parking for some of his employees or customers cars. Mr. Reed proposes to display and sell trailers on this lot which would be an expansion of his current business. The current land use and zoning in the area is mixed, with most of the former residential properties along Asher having been converted to other use. The corner at Manor Avenue, to the east, has been converted from a neighborhood church to a marketing/office use. This strip of Asher is a good example of a former primary highway commercial in transition. The only C-4 zoning in this area is a small piece at the Elm Street intersection and a couple of tracts one-half block east of Manor Avenue. However, there are several C-4 uses nearby including Mr. Reeds current small engine repair adjacent on the west. Others are a welding shop, auto sales and garage. A recent attempt to rezone a part of the lot immediately across Asher Avenue was unsuccessful. A used car, C-4 application was denied around the corner on Barrow Road earlier this year. FILE NO.: Z -3434-A (Cont.) property. Mr. Reed pointed out that this low lying area would probably not ever be used for anything unless someone could build it up and deal with the drainage problem. Chairman Walker raised the question of dedicating the floodway to the City in as much as Mr. Reed owned that property. The staff pointed out that this was not floodway but floodplain area; therefore, there is no dedication requirement. There was then a brief discussion of combining several of Mr. Reed's properties to move the buffering effect further to the south and in fact give him better utilization of the requested zoning site. It was pointed out that properties south of the C-4 application were not included in the application. Mr. Reed pointed out that he did recognize that there was a residence that reared upon his east property line at the south corner, and there needed to be a buffer there undisturbed. Richard Wood, of the Staff, pointed out that there was one adjacent resident that called and indicated that she definitely wanted an undisturbed strip to the rear of her residence to provide some shielding or separation from the new activity. A brief discussion then followed involving staff, the Chairman and Mr. Reed. The result being that Mr. Reed understood that this recommendation of staff did not lock him down permanently as to the use of his land. He did have options to return in some future point and include other owned properties or modify the existing application. wood stated that the C-4 zoning which has been requested and supported by staff does include a lot of uses that would not be appropriate adjacent to single family residential areas such as mobile home sales lots and uses that would create noise and other disturbances. Commissioner Adcock then asked a question of Mr. Reed as to whether his proposal to sell trailers also included their manufacture, assembly or other activities. Mr. Reed responded by saying that his business sells trailers and they do not manufacture them. The Chairman then instructed Mr. Reed that he was in charge of his own application. It was his option as to whether he wanted the Commission to vote on the application as filed, except the staff's recommendation or offer some other approach. Mr. Reed stated that he would accept the recommendation of the staff. The Chairman offered the item to the Commission for a vote. It was pointed out that there was one card turned in. An objection from a Mrs. Dorothy Kinney who owns property on Manor Drive to the south and east requested the buffer relationship. 3 FILE NO.: Z -3434-A (Cont.) _ The item placed before the Commission was approval of the C-4 application with the buffer along the south line and a portion of the southeasterly property line. A vote on the application produced a vote of 7 ayes, 1 noe and 3 absent. 4 May 30, 1995 YTEM 1 Z- 434-A Owner: Freddie H. Reed Applicant: Freddie H. Reed Location: 8623 Asher Avenue Request: Rezone from C-3 to C-4 Purpose: Utility Trailer Sales Size: 1.11 acres Existing Use: Vacant, mostly tree covered with parking lot violation. SURRdLiI+TD�NG LAND USE AND ZONING North - Rosedale Optimist Club and Commercial, zoned R-2 and C-3 South - Deep Residential Lots, zoned R-2 East - office/Commercial, zoned C-1 West - Commercial, zoned C-3 STAFF ANALYSIS The subject site is a vacant parcel adjacent to Mr. Reed's business. Currently, he is using the site as unpaved parking for some of his employees or customers cars. Mr. Reed proposes to display and sell trailers on this lot which would be an expansion of his current business. The current land use and zoning in the area"is mixed, with most of the former residential properties along Asher having been converted to other use. The corner at Manor Avenue, to the east, has been converted from a neighborhood church to a marketing/office use. This strip of Asher is a good example of a former primary highway commercial in transition. The only C-4 zoning in this area is a small piece at the Elm Street intersection and a couple of tracts one-half block east of Manor Avenue. However, there are several C-4 uses nearby including Mr. Reeds current small engine repair adjacent on the west. others are a welding shop, auto sales and garage. A recent attempt to rezone a part of the lot immediately across Asher Avenue was unsuccessful. `I May 30, 1995 1111 i ITEM 4 4-A n A used car, C-4 application was denied around the corner on Barrow Road earlier this year. The only negative effect for residential that staff observed is the lots abutting this property on the south and at the southeast corner. some separation of use is appropriate. LAND USE PLAN ELEMENT The site is located in the Boyle Park District. The Plan recommends Commercial. A "C-4" use next to single family is not desirable, therefore a buffer is recommended adjacent to the single family use area. ENGINEERING COMMEND 1. Dedicate Asher Avenue right-of-way to 45 feet from centerline. 2. With future construction: a. Street widening to -33 feet from centerline. b. One driveway to be allowed on frontage. C. Stormwater detention analysis will be required. d. AHTO approval of work in the Asher right-of-way. e. vicinity information and base flood elevation data or floodplain certification prior to city permitting any development on this site. STAFF RECOMME CATION Approval of the application subject to right-of-way dedication and provision of a 50 foot "OS" zone along the south property line and extending north along the east line for 109 feet, behind the residential lot. 2