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HomeMy WebLinkAboutZ-4166 Staff AnalysisFebruary 28, 1984 Item No. 3 - Z-4166 Owner: A.A. Mosley and M.L. Weintraub Applicant: Jerry Jacobson Location: Boyle Park Road Request: Rezone from 11R-2" Single Family to "R-4" Two Family District Purpose: Two Family Unit Size: 7.5 acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and Multifamily, Zoned "R-6" and "0-3" South - Single Family, Zoned "R-2" East - Single Family, zoned "R-2" West - Vacant and Multifamily, Zoned "R-2" and "%-6" PLANNING CONSIDERATIONS: 1. The proposal is to rezone property to allow the construction of duplexes. No specific plans have been submitted at this time. The lots. 24 total, are part of the original Broadmoor Subdivision which was platted in the early 1960's. The lots that have been on the market since then and have not sold for any single Family development. It appears that the property offers little as single family lots, and some other configuration and low density zoning may allow the lots to be utilized if the site can be developed. Because of the site's physical appearance, it is acting as a buffer between the Broadmoor Subdivision and a large multifamily project across Boyle Park Road. 2. The site is heavily wooded, and slopes up from Boyle Park Road to the rear of the lots, adjacent to the developed single family lots. Some of the property has slopes in excess of 30 percent. The Boyle Parr Road frontage is much lower than the back portion of the property. Because of the terrain, the residents of Broadmoor view a wooded area that provides them with a planted buffter. 3. Boyle Park Road is classified as a collector on the Master Street Plan. The recommended right-of-way width for a collector is 60 feet. Additional right-of-way dedication and boundary street improvements are February 28, 1984 Item No. 3- Continued 4. There have been no adverse comments received from the reviewing agencies at this time. Engineering has suggested that if the property is developed, shared driveways be utilized to reduce the number of access points on Boyle Park Road. Driveway access grades appear to be very difficult on these lots. 5. There are no legal issues. 6. As was stated earlier, the lots were platted as part of the original Broadmoor Subdivision in the early 1960,s. They have remained undeveloped since that time. There is no documented neighborhood position relative to the site, but from all calls that staff has been receiving, it appears that the residents are opposed to any rezoning change from "R-2." 7. The staff can support a higher density on the property but not as the lots are presently platted. Some kind Of cluster development with limited access unto Hoyle Park Road would be more desirable. Any development on the site must be sensitive to the terrain, appearance of the land and to the adjoining single family neighborhood. The staff suggests that a "PRD" be used because it would address the issues of access, Boyle Park Road being deficient and how to reasonably develop the property. If properly done, this site could produce an attractive project. STAFF RECOMMENDATION: Staff recommends a "PRD" approach as more appropriate for the location. PLANNING COMMISSION ACTION: The applicant, Jerry Jacobson, was present. There were approximately 50 persons in attendance objecting to the request. Mr. Jacobson spoke in support of the request. He stated that the owner was not a developer and had no plans to develop the property, but planned to dispose of it. Commissioner Rector suggested a "MF -6" classification as being more appropriate because it would require a site plan review. Mr. Jacobson stated that the owner would be agreeable to the "MF -6" rezoning. Mr. Carl Shibner, a Broadmoor property owner, spoke against the request. informed the Commission that the subdivision's Bill OfHe Assurance restricted the use to single family units and could be'only changed if approved by 51 percent of the Property owners. Mr. Willis Lewis, attorney for some of the February 28, 1984 Item No. 3 - Continued property owners, presented a petition with over 600 signatures opposing the request. Mr. Lewis also discussed the issue of the Bill of Assurance and confirmed what Mr. shibner had said. Mr. Lewis stated 99 percent of the Broadmoor residents were home owners. Ms. Sue Bass spoke in opposition to the request and presented a copy of the original plat showing only single family residences within the subdivision. After a lengthy discussion, a motion was made to recommend approval of the request. The motion failed for lack of an affirmative vote. The vote: 0 ayes, 9 noes and 2 absent. The application was denied. February 28, 1984 Item No. 3 - Z-4166 Owner: Applicant: Location: Request: Purpose: Size: A.A. Mosley and M.L. Weintraub Jerry Jacobson Boyle Park Road Rezone from "R-2" Single Family to 11R-4" Two Family District Two Family Unit 7.5 acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and Multifamily, Zoned "R-6" and "0-3" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Vacant and Multifamily, Zoned 11R-2" and "%-6" PLANNING CONSIDERATIONS: 1. The proposal is to rezone property to allow the construction of duplexes. No specific plans have been submitted at this time. The lots, 24 total, are part of the original Broadmoor Subdivision which was platted in the early 1960's. The lots that have been on the market since then and have not sold for any single family development. It appears that the property offers little as single family lots, and some other configuration and low density zoning may allow the lots to be utilized if the site can be developed. Because of the site's physical appearance, it is acting as a buffer between the Broadmoor Subdivision and a large multifamily project across Boyle Park Road. 2. The site is heavily wooded, and slopes up from Boyle Park Road to the rear of the lots, adjacent to the developed single family lots. Some of the property has slopes in excess of 30 percent. The Boyle Park Road frontage is much lower than the back portion of the property. Because of the terrain, the residents of Broadmoor view a wooded area that provides them with a planted buffter. 3. Boyle Park Road is classified as a collector on the Master Street Plan. The recommended right-of-way width for a collector is 60 feet. Additional right-of-way dedication and boundary street improvements are 0 February 28, 1984 Item No. 3 - Continued 4. There have been no adverse comments received from the reviewing agencies at this time. Engineering has suggested that if the property is developed, shared driveways be utilized to reduce the number of access points on Boyle Park Road. Driveway access grades appear to be very difficult on these lots. 5. There are no legal issues. 6. As was stated earlier, the lots were platted as part of the original Broadmoor Subdivision in the early 1960's. They have remained undeveloped since that time. There is no documented neighborhood position relative to the site, but from all calls that staff has been receiving, it appears that the residents are opposed to any rezoning change from "R-2." 7. The staff can support a higher density on the property but not as the lots are presently platted. Some kind of cluster development with limited access unto Boyle Park Road would be more desirable. Any development on the site must be sensitive to the terrain, appearance of the land and to the adjoining single family neighborhood. The staff suggests that a "PRD" be used because it would address the issues of access, Boyle Park Road being deficient and how to reasonably develop the property. If properly done, this site could produce an attractive project. STAFF RECOMMENDATION: Staff recommends a "PRD" approach as more appropriate for the location. PLANNING COMMISSION ACTION: The applicant, Jerry Jacobson, was present. There were approximately 50 persons in attendance objecting to the request. Mr. Jacobson spoke in support of the request. He stated that the owner was not a developer and had no plans to develop the property, but planned to dispose of it. Commissioner Rector suggested a "MF -6" classification as being more appropriate because it would require a site plan review. Mr. Jacobson stated that the owner would be agreeable to the "MF -6" rezoning. Mr. Carl Shibner, a Broadmoor property owner, spoke against the request. He informed the Commission that the subdivision's Bill of Assurance restricted the use to single family units and could be only changed if approved by 51 percent of the property owners. Mr. Willis Lewis, attorney for some of the February 28, 1984 Item No. 3 - Continued property owners, presented a petition with over 600 signatures opposing the request. Mr. Lewis also discussed the issue of the Bill of Assurance and confirmed what Mr. Shibner had said. Mr. Lewis stated 99 percent of the Broadmoor residents were home owners. Ms. Sue Bass spoke in opposition to the request and presented a copy of the original plat showing only single family residences within the subdivision. After a lengthy discussion, a motion was made to recommend approval of the request. The motion failed for lack of an affirmative vote. The vote: 0 ayes, 9 noes and 2 absent. The application was denied.