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HomeMy WebLinkAboutZ-4081-A Staff AnalysisJanuary 29, 1985 Item No. D - Z -4081-A Owner: Jeffrey A. Jenkins Applicant: Same Location: 9215 Asher Avenue Request: Rezone from "R-2" Single Family and "C-3" General Commercial to "C-4" Open Display Purpose: Wrecker Service Size: 2.63 acres + Existing Use: Service Station and Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "C-3" South - Vacant and Commercial, Zoned "R-2" East - Single Family and Commercial, Zoned "R-2" and "C-3" West - Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: 1. The proposal is to utilize some of the property for a wrecker service and storage of vehicles. This activity is to occur on the southern portion of the tract on a hillside. The Asher Avenue frontage is a service station currently in operation. The service station use on Asher Avenue is appropriate because of the development pattern associated with Asher Avenue. The storage activity of the inoperable vehicles is not compatible with the immediate vicinity and would create some adverse impacts for the area. 2. The street frontage is occupied by the service station which is a grade with Asher Avenue. Immediately behind the building the lot rises steeply for approximately 400 feet. It appears that only the north 150 to 200 feet adjacent to Asher is usable for commercial space. 3. The State Highway #5 (Asher Avenue and Stagecoach Road) is classified as a principal arterial and the recommended right-of-way is 100 feet. The existing right-of-way is deficient on both streets, so dedication of additional right-of-way will be necessary. January 29, 1985 Item D - Continued - Z -4081-A 4. Engineering staff has indicated that street improvements will be required for State Highway #5. 5. There are no legal issues. 6. There is no documented neighborhood position on the site. In September 1983, the applicant requested rezoning to 11C-4" on the same piece of land. The proposed use was a used car lot and the request was a result of an enforcement action. At that time, staff recommended that only a 200 -foot depth off Asher be rezoned. The Planning Commission recommended approval of "the north 200 feet only along the Asher Avenue frontage and the balance of the tract including the Stagecoach Road frontage remain "R-2" Single Fami.y." The Board of Directors has yet to act on the application because with the previous request the owner stated that he would not dedicate the needed right-of-way. The item is now before the Board of Directors because the applicant has agreed to dedicate the right-of-way along the Asher frontage. The Board of Directors action is to only be on that portion of the tract recommended for approval by the Planning Commission on September 27, 1983. It is the staff's understanding that the necessary easement deeds for the right-of-way has not been submitted to the City. With this request, the applicant has agreed to dedicating additional right-of-way. (This application is for the remainder of the property.) 7. Staff's position on this request is the same as the previous case. Asher Avenue is an arterial and is an appropriate location for a "C-4" use, but staff cannot support the balance of the site being rezoned to "C-4." The storage of vehicles is an undesirable use, especially along a hillside and could cause problems for the area. STAFF RECOMMENDATION: Staff recommends denial of the request as filed for the balance of the property. PLANNING COMMISSION ACTION: (7-24-84) The applicant was not present. A motion was made to defer the item to the August 28, 1984, meeting. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. January 29, 1985 Item D - Continued - Z -4081-A PLANNING COMMISSION ACTION: (8-28-84) The applicant was not present. Because of the applicant's failure to appear at two public hearings, staff recommends that the item be withdrawn from the agenda. A motion was made to withdraw the request. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. Note: Since this item was last on the Planning Commission's agenda, the applicant/owner has made some modifications to the site south of the existing service station. In addition, the applicant/owner has provided staff with some new information regarding the work that has taken place on the site and wishes this to be incorp,rated into the staff's review of the zoning request at this time. Staff will present this information at a public hearing. PLANNING COMMISSION ACTION: (1-29-85) The applicant was represented by Bob Bland. There were no objectors present. Staff updated the Commission and made a recommendation for a "C-4" depth of 300 feet off of Asher Avenue. This was a modification of the staff's previous position of supporting only 200 feet. Mr. Bland spoke and discussed the various issues. There were a number of questions concerning the numerous violations associated with the property. The Planning Commission pointed out that the rezoning will only legalize the use and the owner will still have to pave the lot, landscape the area and remove a mobile home that is currently functioning as an office. The Commission went on to strongly recommend to the City Zoning Office that they continue to pursue the enforcement of all violations until the owner is in compliance. There was a long discussion about the various problems. A vote was taken to recommend approval of the "C-4" rezoning for a depth of 300 feet off of Asher Avenue. The vote: 7 ayes, 2 noes and 2 absent. The request was approved. December 18, 1984 Item No. 29 - Other Matters - Request for a Rehearing for Property Located at 9215 Asher Avenue By: Jeffrey H. Jenkins (Z -4081-A) This request, Z -4081-A, was withdrawn from the August 1984 agenda by the Planning Commission because Mr. Jenkins had failed to appear at two public hearings. The application was initially filed for the July 18 meeting but deferred to August because the owner/applicant was not present. Mr. Jenkins ,is now requesting a rehearing because he feels he was improperly notified of the deferral to the August meeting. Mr. Jenkins attorney stated that his client was merely advised that the matter was deferred and no time and date was given (see accompanying letter). Additional information will be provided at the December 18 public hearing. PLANNING COMMISSION ACTION: Jeffrey Jenkins was present and answered questions from the Planning Commission. Robert Cortinez, Mr. Jenkins attorney, was also in attendance and spoke briefly. A motion was made to place the request on the January 29, 1985, meeting as a deferred item. The motion passed by a vote of 9 ayes, 0 noes and 1 absent. January 29, 1985 Item No. D - Z -4081-A Owner: Jeffrey A. Jenkins Applicant: Same Location: 9215 Asher Avenue Request: Rezone from "R-2" Single Family and "C-3" General Commercial to "C-4" Open Display Purpose: Wrecker Service Size: 2.63 acres + Existing Use: Service Station and Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "C-3" South - Vacant and Commercial, Zoned "R-2" East - Single Family and Commercial, Zoned "R-2" and "C-3" West - Commercial, Zoned "C-3," PLANNING CONSIDERATIONS: 1. The proposal is to utilize some of the property for a wrecker service and storage of vehicles. This activity is to occur on the southern portion of the tract on a hillside. The Asher Avenue frontage is a service station currently in operation. The service station use on Asher Avenue is appropriate because of the development pattern associated with Asher Avenue. The storage activity of the inoperable vehicles is not compatible with the immediate vicinity and would create some adverse impacts for the area. 2. 'The street frontage is occupied by the service station which is a grade with Asher Avenue. Immediately behind the building the lot rises steeply for approximately 400 feet. It appears that only the north 150 to 200 feet adjacent to Asher is usable for commercial space. 3. The State Highway #5 (Asher Avenue and Stagecoach Road) is classified as a principal arterial and the recommended right-of-way is 100 feet. The existing right-of-way is deficient on both streets, so dedication of additional right-of-way will be necessary. January 29, 1985 Item D - Continued - Z -4081-A 4. Engineering staff has indicated that street improvements will be required for State Highway #5. 5. There are no legal issues. 6. There is no documented neighborhood position on'the site. In September 1983, the applicant requested rezoning to "C-4" on the same piece of land. The proposed use was a used car lot and the request was a result of an enforcement action. At that time, staff recommended that only a 200 -foot depth off Asher be rezoned. The Planning Commission recommended approval of "the north 200 feet only along the Asher Avenue frontage and the balance of the tract including the Stagecoach Road frontage remain "R-2" Single Family." The Board of Directors has yet to act on the application because with the previous request the owner stated that he would not dedicate the needed right-of-way. The item is now before the Board of Directors because the applicant has agreed to dedicate the right-of-way along the Asher frontage. The Board of Directors action is to only be on that portion of the tract recommended for approval by the Planning Commission on September 27, 1983. It is the staff's understanding that the necessary easement deeds for the right-of-way has not been submitted to the City. With this request, the applicant has agreed to dedicating additional right-of-way. (This application is for the remainder of the property.) 7. Staff's position on this request is the same as the previous case. Asher Avenue is an arterial and is an appropriate location for a "C-4" use, but staff cannot support the balance of the site being rezoned to "C-4." The storage of vehicles is an undesirable use, especially along a hillside and could cause problems for the area. STAFF RECOMMENDATION: Staff recommends denial of the request as filed for the balance of the property. PLANNING COMMISSION ACTION: (7-24-84) The applicant was not present. A motion was made to defer the item to the August 28, 1984, meeting. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. January 29, 1985 Item D - Continued - Z -4081-A PLANNING COMMISSION ACTION: (8-28-84) The applicant was not present. Because of the applicant's failure to appear at two public hearings, staff recommends that the item be withdrawn from the agenda. A motion was made to withdraw the request. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. Note: Since this item was last on the Planning Commission's agenda, the applicant/owner has made some modifications to the site south of the existing service station. In addition, the applicant/owner has provided staff with some new information regarding the work that has taken place on the site and wishes this to be incorporated into the staff's review of the zoning request at this time. Staff will present this information at a public hearing. PLANNING COMMISSION ACTION: (1-29-85) The applicant was represented by Bob Bland. There were no objectors present. Staff updated the Commission and made a recommendation for a "C-4" depth of 300 feet off of Asher Avenue. This was a modification of the staff's previous position of supporting only 200 feet. Mr. Bland spoke and discussed the various issues. There were a number of questions concerning the numerous violations associated with the property. The Planning Commission pointed out that the rezoning will only legalize the use and the owner will still have to pave the lot, landscape the area and remove a mobile home that is currently functioning as an office. The Commission went on to strongly recommend to the City Zoning Office that they continue to pursue the enforcement of all violations until the owner is in compliance. There was a long discussion about the various problems. A vote was taken to recommend approval of the "C-4" rezoning for a depth of 300 feet off of Asher Avenue. The vote: 7 ayes, 2 noes and 2 absent. The request was approved. December 18, 1984 Item No. 29 - Other Matters - Request for a Rehearing for Property Located at 9215 Asher Avenue By: Jeffrey H. Jenkins (Z -4081-A) This request, Z -4081-A, was withdrawn from the August 1984 agenda by the Planning Commission because Mr. Jenkins had failed to appear at two public hearings. The application was initially filed for the July 18 meeting but deferred to August because the owner/applicant was not present. Mr. Jenkins is now requesting a rehearing because he feels he was improperly notified of the deferral to the August meeting. Mr. Jenkins attorney stated that his client was merely advised that the matter was deferred and no time and date was given (see accompanying letter). Additional information will be provided at the December 18 public hearing. PLANNING COMMISSION ACTION: Jeffrey Jenkins was present and answered questions from the Planning Commission. Robert Cortinez, Mr. Jenkins attorney, was also in attendance and spoke briefly. A motion was made to place the request on the January 29, 1985, meeting as a deferred item. The motion passed by a vote of 9 ayes, 0 noes and l absent. August 28, 1984 Item No. A - Z -4081-A Owner: Applicant: Location: Request: Purpose: Size: Jeffrey H. Jenkins Same 9215 Asher Avenue Rezone from "R-2" Single Family and "C-3" General Commercial to "C-4" Open Display Wrecker Service 2.63 acres + Existing Use: Service Station and Vacant SURROUNDING LAND USE AND ZONING: North Vacant, Zoned "C-3" South - Vacant and Commercial, Zoned "R-2" East - Single Family and Commercial, Zoned "R-2" and "C-3" West - Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: 1. The proposal is to utilize some of the property for a wrecker service and storage of vehicles. This activity is to occur on the southern portion of the tract on a hillside. The Asher Avenue frontage is a service station currently in operation. A service station use on Asher Avenue is appropriate because of the development pattern associated with Asher Avenue. The storage activity of inoperable vehicles is not compatible with the immediate vicinity and would create some adverse impacts for the area. 2. The street frontage is occupied by the service station which is at grade with Asher Avenue. Immediately behind the building the lot rises steeply for approximately 4001. It appears that only the north 150 to 200' adjacent to Asher is usable for commercial space. 3. State Highway #5 (Asher Avenue and Stagecoach Road) is classified as a principal arterial and the recommended right-of-way is 100'. The existing right-of-way is deficient on both streets so dedication of additional right-of-way will be necessary. August 28, 1984 Item No. A - Continued 4. Engineering staff has indicated that street improvements will be required on State Highway #5. 5. There are no legal issues. 6. There is no documented neighborhood position on the site. In September 1983, the applicant requested rezoning to 11C-4" on the same piece of land. The proposed use was a used car lot and the request was a result of an enforcement action. At that time, staff recommended that only a 200 -foot depth off Asher be rezoned. The Planning Commission recommended approval of "the north 200' only along the Asher Avenue frontage and the balance of the tract including the Stagecoach Road frontage remain "R-2" Single Family." The Board of Directors has yet to act on the application because with the previous request, the owner stated that he would not dedicate the needed right-of-way. The item is now before the Board of Directors because the applicant has agreed to dedicate the right-of-way along the Asher frontage. The Board of Directors action is only to be on that portion of the tract recommended for approval by the Planning Commission on September 27, 1983. It is the staff's understanding that the necessary easement deed for the right-of-way has not been submitted to the City. With this request, the applicant has agreed to dedicating additional right-of-way. (This application is for the remainder of the property.) 7.1 Staff's position on this request is the same as the previous case. Asher Avenue, an arterial, is an appropriate location for a "C-4" use, but staff cannot support the balance of the site being rezoned to "C-4." The storage of vehicles is an undesirable use, especially being on a hillside, and could cause problems for the area. STAFF RECOMMENDATION: Staff recommends denial of the request as filed for the balance of the property. PLANNING COMMISSION ACTION: July 24, 1984 The applicant was not present. A motion was made to defer the item to the August 28, 1984, meeting. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. August 28, 1984 Item No. A - Continued PLANNING COMMISSION ACTION: August 28, 1984 The applicant was not present. Because of the applicant's failure to appear at two public hearings, staff recommended that the item be withdrawn from the agenda. A motion was made to withdraw the request. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. July 24, 1984 Item No. 5 - Z -4081-A Owner: Jeffrey H. Jenkins Applicant: Same Location: 9215 Asher Avenue Request: Rezone from "R-2" Single Family and "C-3" General Commercial to "C-4" Open Display Purpose: Wrecker Service Size: 2.63 acres + Existing Use: Service Station and Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "C-3" South - Vacant and Commercial, Zoned "R-2" East - Single Family and Commercial, Zoned "R-2" and "C-3" West - Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: 1. The proposal is to utilize some of the property for a wrecker service and storage of vehicles. This activity is to occur on the southern portion of the tract on a hillside. The Asher Avenue frontage is a service station currently in operation. A service station use on Asher Avenue is appropriate because of the development pattern associated with Asher Avenue. The storage activity of inoperable vehicles is not compatible with the immediate vicinity and would create some adverse impacts for the area. 2. The street frontage is occupied by the service station which is at grade with Asher Avenue. Immediately behind the building the lot rises steeply for approximately 4001. It appears that only the north 150 to 200' adjacent to Asher is usable for commercial space. 3. State Highway #5 (Asher Avenue and Stagecoach Road) is classified as a principal arterial and the recommended right-of-way is 100'. The existing right-of-way is deficient on both streets so dedication of additional right-of-way will be necessary. July 24, 1984 Item No. 5 - Continued 4. Engineering staff has indicated that street improvements will be required on State Highway #5. 5. There are no legal issues. 6. There is no documented neighborhood position on the site. In September 1983, the applicant requested rezoning to "C-4" on the same piece of land. The proposed use was a used car lot and the request was a result of an enforcement action. At that time, staff recommended that only a 200 -foot depth off Asher be rezoned. The Planning Commission recommended approval of "the north 200' only along the Asher Avenue frontage and the balance of the tract including the Stagecoach Road frontage remain "R-2" Single Family." The Board of Directors has yet to act on the application because with the previous request, the owner stated that he would not dedicate the needed right-of-way. The item is now before the Board of Directors because the applicant has agreed to dedicate the right-of-way along the Asher frontage. The Board of Directors action is only to be on that portion of the tract recommended for approval by the Planning Commission on September 27, 1983. It is the staff's understanding that the necessary easement deed for the right-of-way has not been submitted to the City. With this request, the applicant has agreed to dedicating additional right-of-way. (This application is for the remainder of the property.) 7. Staff's position on this request is the same as the previous case. Asher Avenue, an arterial, is an appropriate location for a "C-4" use, but staff cannot support the balance of the site being rezoned to "C-4." The storage of vehicles is an undesirable use, especially being on a hillside, and could cause problems for the area. STAFF RECOMMENDATION: Staff recommends denial of the request as filed for the balance of the property. PLANNING COMMISSION ACTION: The applicant was not present. A motion was made to defer the item to the August 28, 1984, meeting. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. September 27, 1983 Item No. 8 - Z-4081 . Owner: Jeffery Jenkins f Applicant: Same Location: 9215 Asher Avenue Request: Rezone from "C-3" General Commercial to "C-4" open Display District Purpose: To make existing use conforming Size: 2.63 acres Existing Use: Service station and used car lot SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "C-3" South - Vacant, Zoned "R -21a East - Commercial, Zoned "C-3" West - Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: 1. This applicant filed his request as a result of enforcement action which sought to remove an automobile sales lot. The owner will continue to operate a sales lot and service station if the site is rezoned. 2. The street frontage is at grade with Asher Avenue, but immediately behind the building, the lot rises very steep for 400' +. Therefore, only the north 100 to 150 feet is usable as commercial building space. 3. The Master Street Plan will require right-of-way on Asher Avenue to comply with arterial standards. The City Engineer will be required to establish the exact alignment and the amount of taking. The owner has stated he will riot dedicate the R.O.W. 4. There are no reported adverse comments on public services or utilities. 5. There are no legal issues except that the owner occupied this site with a used car lot in violation of the Zoning Ordinance. LAW, - September 27, 1983 k Item No. 8 - Continued r 6. There is no recorded history of this neigborhood with respect to objection on rezoning of property. This segment of Asher Avenue was rezoned as a strip zone in the early 1960°s and little or no change has occurred since. 7. The staff finds no fault with the request as filed. The site is appropriately located for "C-4" usage on an arterial street. STAFF RECOMMENDATION: Approval of the request as filed for "C-4" except that portion lying on the face of the hill to the south. We feel the "C-4" zoning boundary should be limited to no more than a 200' depth off Asher Avenue. PLANNING COMMISSION ACTION: The applicant was present and offered comments in support of his request. He stated that he would like to keep all of the land in the "C-4" request as he had plans for its use in the future. There were no objectors present. The Planning Commission discussed the case briefly followed by a motion to recommend approval of the north 2001 only along the Asher Avenue frontage. The balance of the tract including the Stagecoach Road frontage to remain "R-2" Single Family. The motion passed by a vote of 11 ayes, 0 noes and 0 absent.