HomeMy WebLinkAboutZ-3550 Staff AnalysisSeptember 30, 1980
Item 11 - Continued
8. LEGAL/REASONABLE
The property abuts 11C-3" zoning on two sides and "I-2"
on one. The portion of the property which abuts
residential zoning is all in the floodplain as are all
of the houses in that subdivision. Staff understands
the concern of the neighbors as they have been
seriously impacted already. However, there appears to
be no reasonable expectation that single family
development could or would take place on this property.
9. STANDARDS OF QUALITY
No standards have been addressed.
10. TRAFFIC AND RIGHT-OF-WAY
Cunningham Lake Road is constructed within a
prescriptive right-of-way. The only location where any
traceable dedication has occurred is along the southern
boundary of the Brook Park Addition. Therefore, the
applicant will required to provide an easement deed for
25 feet along the entire length of the site's southern
boundary.
ANALYSIS:
The proposed zoning will permit the construction of a roller
skating center on the north half of the property. The
southern portion lies within the 100 -Year Floodplain. This
portion of the property will provide for one driveway access
and some parking. It will otherwise be left in its natural
state. The property is severely impacted for potential use
as residential even at some density above single family.
STAFF RECOMMENDATION:
Staff recommends approval.
COMMISSION ACTION:
The applicant was present, and there were four objectors
present. The applicant made a brief presentation discussing
why it seemed appropriate to them to zone the property and
asked that it be approved. The opposition, represented by
Virginia Kane, who presented a petition with some 20
signatures argued their concerns about traffic on CunninghAm
Lake Road as well as the nature of the business specified,
that being a skating rink. After a lengthy discussion, the
Commission moved to defer action on this application to
October 28. The motion was passed - 6 ayes, 1 no and 4
absent.
FACTUAL INFORMATION
Item 11
September 30, 1980
1. NEED OR DEMAFD
The applicant states the desire to use this property
for the development of a roller skating center.
2. COMPATIBILITY WITH MUNICIPAL PLANS
No recent plans exist for this location; however,
long-term development of the area has settled into a
pattern of commercial uses. The southern boundary of
the existing commercial development has been
established along a line at a point roughly 600 feet
south of and parallel with W. Markham Street.
3. EFFECT ON ENVIRONS
The only real environmental concern is the floodplain
which covers approximately the south half of this
property. The proposed construction of the skating
center will take place on the northern half of the
property with that portion in the floodplain to be left
in its natural state with the exception of one driveway
along the west side of the property. No adverse
environmental impacts are expected.
4. NEIGHBORHOOD POSITION
Neighbors living in the Brook Park Drive area just to
the east have expressed concern about the application.
There seems to be more concern about the particular
kind of activity (skating center) and the potential for
traffic eastward along Cunningham Lake Road than about
the commercial zoning per se.
5. PUBLIC SERVICES
No adverse comments have been received.
6. UTILITIES/EFFECT ON
No adverse comments have been received.
7. EFFECT ON PUBLIC FINANCES
None expected.
September 30, 1980
Item No. 11 - Z-3550
Owner:
W. Holmes Shaver and
Adrian Vernon Criss Trust
Applicant:
Nolan Rushing
Request:
Rezone to "C-3" General
Commercial
Purpose:
Roller Skating Center
Existing Zoning:
"R-2" Single Family
Location:
Cunningham Lake Road behind
Harry's Market
Site Characteristics:
Gentle slope downward towards
the creek/50% floodplain
Size:
3.73 Acres +
Existing Land Use:
Vacant
Abutting Land Use
North - Commercial
and Zoning:
Zoned "C-3"
South - Public
Zoned "R-2"
East - Commercial and Single
Family
Zoned "C-3" and "R-2"
West - Industrial
Zoned "I-2"
Zoning History: An attempt was made to zone this
property "K" Heavy Industrial
many years ago. That application
was denied.
Applicable Regulations: Zoning Ordinance