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HomeMy WebLinkAboutZ-3645-B Staff AnalysisFebruary 23, 1988 Item No. 2 - Z -3645-B Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Charles and Elizabeth Menard Phillip E. Kaplan Rodney Parham and Green Mountain Drive Rezone from "R-2" to 1IC-2" Commercial 1.0 acres + Commercial (nonconforming) SURROUNDING LAND USE AND ZONING: North - Vacant and Single Family, Zoned "R-2" ,South- Multifamily, Zoned "MF -24" East - Cemetery, Zoned "R-2" West - Multifamily, Zoned "R-5" PLANNING CONSIDERATIONS: 1. The property under consideration is located at the southeast corner of Rodney Parham and Green Mountain Drive, and the request is to rezone it from "R-2" to "C-2." The property is occupied by a small commercial center which is a nonconforming use. 'Zoning in the area includes "R-2," "MF -24," "R-5," 110-3," "C-3," and "C-4" with the existing commercial zoning found to the east of Green Mountain Drive. The land use pattern is very diverse with a mix of multifamily, office and commercial. Other uses in the immediate vicinity are a cemetery to the east and single family residences to the northwest. The property in question abuts "MF -24" on the south and "R-2" on the east with "R-5" across Green Mountain Drive and "R-2" to the north. 2. The site is 1.0 acres in size, and the existing structure is L-shaped with approximately 8,880 square feet and has a number of different uses. There is a pump island in the parking lot and a paved -ditch along the north boundary of the property. 3. Dedication of additional right-of-way will be required for both Rodney Parham and Green Mountain Drive. February 23, 1988 Item No. 2 - Continued 4. Engineering Comments: Rodney Parham requires a right-of-way of 50 feet from the centerline. Green Mountain Drive requires a right-of-way of 40 feet from the centerline. 5. There are no legal issues associated with this request. 6. History on this site dates back to 1976, at which time the first commercial rezoning application was made. The request was approved by the Planning Commission but denied by the Board of Directors. Again in 1981 and 1982, two more requests were filed for commercial reclassifications. Each time the requests were supported by the Planning Commission but denied by the Board of Directors. Prior to the 1981 application, the existing center was constructed while outside the City limits and then it was annexed. With the previous rezoning request, there was some opposition expressed by the residential neighborhood to the northwest. The earlier rezoning requests were in conflict with the Suburban Development Plan which covered the area at that time. 7. In July 1987, the City adopted the Pleasant Valley District Plan which includes the location in question. The plan recognizes the existing use and identifies the site for commercial land use. Because of the plan element, staff's position is that the proposed "C-2" reclassification is reasonable and supports the request. It appears that the development has not impacted the area and "C-2" will not change that. 11C-2" is a site plan review district and its minimum site area is five acres, but the parcel is a lot of record so the five -acre requirement does not apply to this situation. STAFF RECOMMENDATION: Staff recommends approval of the "C-2" rezoning. PLANNING COMMISSION ACTION: The applicant, Phillip Kaplan, was present. There were no objectors. There was some discussion about the right-of-way dedication, and Mr. Kaplan said that the owners will work with the City because of some concerns with the Green Mountain -Drive right-of-way dedication. A motion was made to recommend approval of the "C-2" request subject to February 23, 1988 Item No. 2 - Continued dedication of additional right-of-way for Rodney Parham and Green Mountain Drive. The motion passed by a vote of 10 ayes, 0 noes, and 1 absent. February 23, 1988 Item No. 2 - Z -3645-B Owner: Applicant: Location: Request: Purpose: Charles and Elizabeth Menard Phillip E. Kaplan Rodney Parham and Green Mountain Drive Rezone from "R-2" to "C-2" r Commercial Size: 1.0 acres + Existing Use: Commercial (nonconforming) SURROUNDING LAND USE AND ZONING: North - Vacant and Single Family, Zoned "R-2" South'- Multifamily, Zoned "MF -24" East - Cemetery, Zoned "R-2" West - Multifamily, Zoned "R-5" PLANNING CONSIDERATIONS: 1. The property under consideration is located at the southeast corner of Rodney Parham and Green Mountain Drive, and the request is to rezone it from "R-2" to "C-2." The property is occupied by a small commercial center which is a nonconforming use. Zoning in the area includes "R-21" "MF -24 " "R-5,11 "0-3 " "C -3,'l and "C-4" with the existing commercial zoning found to the east of Green Mountain Drive. The land use pattern is very diverse with a mix of multifamily, office and commercial. Other uses in the immediate vicinity are a cemetery to the east and single family residences to the northwest. The property in question abuts "MF -24" on the south and "R-2" on the east with "R-5" across Green Mountain Drive and "R-2" to the north. 2. The site is 1.0 acres in size, and the existing structure is L-shaped with approximately 8,880 square feet and has a number of different uses. There is a pump island in the parking lot and a paved ditch along the north boundary of the property. 3. Dedication of additional right-of-way will be required for both Rodney Parham and Green Mountain Drive. V_ February 23, 1988 Item No. 2 - Continued 4. Engineering Comments: Rodney Parham requires a right-of-way of 50 feet from the centerline. Green Mountain Drive requires a right-of-way of 40 feet from the centerline. 5. There are no legal issues associated with this request. 6. History on this site dates back to 1976, at which time the first commercial rezoning application was made. The request was approved by the Planning Commission but denied by the Board of Directors. Again in 1981 and 1982, two more requests were filed for commercial reclassifications. Each time the requests were supported by the Planning Commission but denied by the Board of Directors. Prior to the 1981 application, the existing center was constructed while outside the City limits and then it was annexed. With the previous rezoning request, there was some opposition expressed by the residential neighborhood to the northwest. The earlier rezoning requests were in conflict with the Suburban Development Plan which covered the area at that time. 7. In July 1987, the City adopted the Pleasant Valley District Plan which includes the location in question. The plan recognizes the existing use and identifies the site for commercial land use. Because of the plan element, staff's position is that the proposed "C-2" reclassification is reasonable and supports the request. It appears that the development has not impacted the area and "C-2" will not change that. "C-2" is a site plan review district and its minimum site area is five acres, but the parcel is a lot of record so the five -acre requirement does not apply to this situation. STAFF RECOMMENDATION: Staff recommends approval of the "C-2" rezoning. PLANNING COMMISSION ACTION: The applicant, Phillip Kaplan, was present. There were no objectors. There was some discussion about the right-of-way dedication, and Mr. Kaplan said that the owners will work with the City because of some concerns with the Green Mountain -Drive right-of-way dedication. A motion was made to recommend approval of the "C-2" request subject to February 23, 1988 Item No. 2 - Continued dedication of additional right-of-way for Rodney Parham and Green Mountain Drive. The motion passed by a vote of 10 ayes, 0 noes, and 1 absent.