HomeMy WebLinkAboutZ-4150 Staff AnalysisJanuary 3,1, 1984
Item No. 8 - Z-4150
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Van Larr, Inc.
Same
9508 Geyer Springs Road
Rezone from "R-2" Single Family
and "R-4" Two Family to "C-3"
General Commercial
Commercial
1.1 acres +
Existing Use: Commercial (Nonconforming Use)
g11RR(1TimnTMr. T.AND TTSF AND ZONING:
North - Vacant, Zoned "C-1"
South - Office and School, Zoned "O-1"
East - High School, Zoned "R-2"
West - School, Zoned "0-1"
PLANNING CONSIDERATIONS:
1. The property is currently occupied by a commercial
structure which is a nonconforming use. The rezoning
request was initiated because of the expansion to the
building which is a violation. Thi Zoning Enforcement
Office has given the -property owners notice of the
violation. The proposed uses will remain the same.
2. The site is flat with one building situated on the
front of the property. The remainder of the property
is vacant. Parking areas are not adequately paved.
3. There are no right-of-way requirements or Master Street
Plan issues associated with this request.
4. There have been no adverse comments received from the
reviewing agencies at this time.
5. There are no legal issues.
6. The site has been in the City for a number of years.
The property is part of the Roper School Addition. The
preliminary plat has been approved, but only one lot
has been finaled. The plat provided the necessary
right-of-way dedication.
January 31, 1984
Item No. 8 - Continued
7. The request is not supported by the Suburban
Development Plan and the staff. The staff's primary
concern is that granting of this rezoning could lead to
the potential striping out of Geyer Springs south of
Baseline Road. Suburban Development Policy No. 65
states: "Prevent the occurrence of uncontrolled strip
commercial development with its attendant traffic, land
use and visual conflict through ongoing planning and
careful administration of City land use controls."
Commercial uses should be restricted to the locations
identified on the Suburban Development Plan, the major
intersections with Geyer Springs Road. The development
pattern found along Geyer Springs north of Baseline
Road should be avoided. The "C-1" zoning directly to
the north was a conversion adjustment accomplished in
1981.
STAFF RECOMMENDATION:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION:
The applicant was represented by Chris Barrier, Attorney.
Mr. Barrier offered many comments in support of commercial
zoning on the property in question and then amended the
application to "C-1" Neighborhood Commercial. There were
approximately 10 persons present in opposition to the
rezoning. Mr. Robert Burns spoke for the group. He pointed
out to the Commission that the residents were opposed to any
strip commercial zoning along this section of Geyer Springs
and that the request was not compatible with the Suburban
Development Plan. Mr. Gus Albright also spoke against the
request. He stated that commercial zoning should be kept
north of Baseline Road. The Commission discussed the case
at length. A motion was made to recommend approval of the
request as amended. The motion failed for lack of an
affirmative vote. The vote: 3 ayes, 7 noes, 0 absent and
1 abstention (John Schlereth). The request was denied.