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HomeMy WebLinkAboutZ-4010 Staff AnalysisSeptember 8, 1987 Item No. 9 - Z-4010 (Reconsideration Request) Owner: Edward S. Back Applicant: Same Location: 1111 Autumn Road Request: Rezone from "R-2" to "I-2" Purpose: Food Distribution Size: 2.5 acres Existing Use: Food Distribution SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Vacant and Office, Zoned "R-2" and "0-3" East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" STAFF ANALYSIS: In May 1983, the owner, Edward S. Back, requested a rezoning change from "R-2" to "I-2" for the northeast corner of Kanis Road and Autumn Road. The request was filed because the property has a nonconforming use, food distribution warehouse, and the owner was considering possible expansion at that time. At the Planning Commission hearing, the owner agreed to amending the request to "0-3" for the southern 200 feet of the tract because he was mainly interested in building a new office to support the existing business. The Commission voted to approve the amended "0-3" application and forwarded the item to the Board of Directors for final action. Because the applicant failed to follow through on several issues, the Board never took any action on the request. The owner, Mr. Back, has now submitted a letter requesting the Planning Commission to rehear his rezoning request that was filed in May 1983. Mr. Back is making this request based on a recent Supreme Court decision concerning zoning and land use regulations. (Mr. Back's letter was distributed to the Commission at the June 16, 1987, meeting.) September 8, 1987 Item No. 9 - Continued Staff feels that there is no real basis for the reconsideration request, and the case should not be reheard. There are several reasons for this position including the Bylaws and the fact that the owner amended the requested and received the Commission's approval. Also, the City Attorney's Office has determined that the court's decision is not applicable to this situation. The reconsideration provision of the bylaws states: Except for cause and with unanimous consent of all members present at a meeting, no matter on which final action has been previously taken shall be reopened for further consideration or action. If consideration is granted by the Commission, the case will be rescheduled for the next regular meeting, a new application will be made (new fee, legal ad, adjacent property owners renotified so that they may have an opportunity to hear any new evidence and to be heard). PLANNING COMMISSION ACTION: Staff reported that the owner had requested that the item be pulled from the agenda. A motion was made to withdraw the request without prejudice. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. May 24, 1983 Item No. 12 - Z-4010 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Edward S. Back Edward S. Back 1111 Autumn Road Rezone from "R-2" Single Family to "I-2" Light Industrial Conformity with Existing Use 2.5 acres + Wholesale Food Distributor SURROUNDING LAND -USE AND -ZONING: North - Single Family, Zoned "R-2" South - Commercial and Vacant, Unclassified and, Zoned "R-2" East - Vacant, Unclassified West - Commercial, Unclassified PLANNING CONSIDERATIONS: a� Sewer service is not available to this property according to the Wastewater Utility. No other adverse comments were received. As can be seen in the graphic, this is one of the few properties in the area which are inside the City limits. The applicant annexed voluntarily a few years ago. The applicant now wants to remove a dilapidated building from the southern portion of the property and construct a new office for his business. Several other businesses are located in the area outside the City limits. The scattered pattern of development points to the difficulties associated with urbanizing areas starting in a jurisdiction which does not have land use controls. It is an unfortunate circumstance, but staff cannot support abandoning the Suburban Development Plan in this case. STAFF RECOMMENDATION: Staff recommends denial. May 24, 1983 Item No. 12 ---Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. There was a lengthy discussion of the alternatives relative to the property. In talking with the applicant, it was determined that his real interest in the property was to build a new office to support his existing business on the site. After the discussion had gone on for a period of time, the applicant stated that he was in agreement with the Commission's request that he amend his request to ask for 110-3" zoning on only the south 200 feet of the property and that the remaining portion of the property remain as "R-2" Single Family. After this discussion, the Commission moved to approVe the amended application approving the south 200 feet of the property for 110-3" General Office on a vote of 10 ayes, 0 noes and 1 absent. June 16, 1987 Item No. 12 - Z-4842 Owner: Cabalette Properties Applicant: John A. Castin Location: West Baseline Road west of Stagecoach Road Request: Rezone from Unclassified to "MF -18" Purpose: Multifamily Size: 14.0 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Unclassified South - Vacant and Single Family, Zoned "R-2" and "MF -12" East - Vacant, Zoned "R-2" West - Vacant, Unclassified PLANNING CONSIDERATIONS: 1. This request, Unclassified to "MF -18," involves 14 acres on West Baseline Road approximately one mile west of Stagecoach Road. (An annexation petition has been filed and the rezoning will not be forwarded to the Board of Directors until the petition is on the Board's agenda). The surrounding land is undeveloped and on the south side of Baseline Road there are several single family uses. Also, the site is in close proximity to a later phase of the Otter Creek Subdivision. Zoning in the area includes "R-2," "MF -6," "MF -12," "MF -24," and 110-S" with all the multifamily locations still vacant. 2. The site is vacant and relatively flat. 3. West Baseline Road is classified as a minor arterial on the Master Street Plan and the recommended right-of-way for a minor arterial is 80 feet. It appears that the existing right-of-way is deficient so dedication of additional right-of-way will be required with this rezoning. 4. Engineering reports that: Right-of-way dedication and street improvements are required. • May 24, 1983 Item No. 12 - Z-4010 Owner: Applicant: Location: Request: Purpose: Size: Edward S. Back Edward S. Back 1111 Autumn Road Rezone from "R-2" Single Family to "I-2" Light Industrial Conformity with Existing Use 2.5 acres + Existing Use: Wholesale Food Distributor SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Commercial and Vacant, Unclassified and, Zoned "R-2" East - Vacant, Unclassified West - Commercial, Unclassified PLANNING CONSIDERATIONS: Sewer service is not available to this property according to the Wastewater Utility. No other adverse comments were received. As can be seen in the graphic, this is one of the few properties in the area which are inside the City limits. The applicant annexed voluntarily a few years ago. The applicant now wants to remove a dilapidated building from the southern portion of the property and construct a new office for his business. Several other businesses are located in the area outside the City limits. The scattered pattern of development points to the difficulties associated with urbanizing areas starting in a jurisdiction which does not have land use controls. It is an unfortunate circumstance, but staff cannot support abandoning the Suburban Development Plan in this case. STAFF RECOMMENDATION: Staff recommends denial. 01 May 24, 1983 Item No. 12_- Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. There was a lengthy discussion of the alternatives relative to the property. In talking with the applicant, it was determined that his real interest in the property was to build a new office to support his existing business on the site. After the discussion had gone on for a period of time, the applicant stated that he was in agreement with the Commission's request that he amend his request to ask for the south 200 feet of the property and "O-3" zoning on only of the property remain as "R-2" that the remaining portion the S ed Single Family. After this discussion, the Cothessouthm approving 200 to approve the amended application feet of the property for 110-3" General Office on a vote of 10 ayes, 0 noes and 1 absent.