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HomeMy WebLinkAboutZ-4175-C Staff AnalysisJanuary 30, 1996 ITEM O • H Z-417 -C Owner: Applicant: Location: Request: Purpose: Size: Existing Use: ERC Foundation, Inc. J. E. Hathaway, Jr. 3000 Block of Aldersgate Road Rezone from MF -12 to 0-3 Nursing Home S± acres Vacant S=OUNDING LAND IIjE AND ZONING North - Vacant, South - Vacant, East - Vacant, West - Vacant, ENGINEERING COMMENTS zoned OS and MF -18 zoned MF -12 zoned MF -12 zoned OS and MF -12 A tentative address is 3000 Aldersgate Road but depends on location of Master Street Plan extension of Aldersgate Road. Dedicate right-of-way,for Aldersgate Road or show alternate route and commit to a revised location. The 30 foot strip of property to the north, if not for Aldersgate Road does not belong to applicant and should be excluded from this application. The driveways shall conform to ordinance. Sidewalks shall be planned to connect with sidewalk on Aldersgate Road. Provide erosion control plan and obtain state APDL&E and City Excavation Permit prior to construction. Stormwater Detention analysis will be required. LAND USE ELEMENT The site is located in the I-430 District. The adopted Plan recommends Multifamily use. The request is in conflict with the Plan. The proposed use is one staff feels comfortable with as part of a multifamily mixed development. Staff cannot support a plan change to Office at this time. January 30, 1996 WIAMIMMâ– , ITEM H Z-4 7 - n STAFF ANALYSIS The request before the Commission is to rezone this 5± acre tract from MF -12 to 0-3. The property is currently vacant and wooded. The proposed use is the development of a nursing home. The I-430 District Land Use Plan recommends multifamily use for the site. The 0-3 zoning request is in conflict with the Plan. The proposed use of the property as a nursing home can be accommodated by zoning the property MF -18 and obtaining a conditional use permit. This suggestion would conform to the adopted Plan and would allow for the development as proposed by the applicant. 0-3 in this area would be spot zoning and staff cannot support such a request when a viable alternative is available. The issue of the dedication of right-of-way for Aldersgate Road, from its current terminus several hundred feet north of this site, to a point on the western boundary of the property must be resolved. STAFF RECOMMENDATION Staff recommends denial of the 0-3 zoning request. PLANNING COMMISSION ACTION: (OCTOBER 3, 1995) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had requested that the item be deferred to the October 31, 1995 meeting to coincide with a preliminary plat which will be reviewed at that time. The item was placed on the Consent Agenda and approved for deferral by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: The applicant was present. There were Staff informed the Commission that the requested that the item be deferred to Commission hearing to coincide with the of the preliminary plat issue. Oa (OCTOBER 31, 1995) no objectors present. applicant had the December 12, 1995 requested deferral January 30, 1996 SUBDIVISION ?TEM NO.: H Z-417 -C(Cont.) The item was placed on the Consent Agenda and approved for deferral to the December 12, 1995 meeting. The vote was 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 12, 1995) Jeff Hathaway was present representing the application. There were no objectors present. Staff informed the Commission that the applicant had submitted a letter, dated December 11, 1995, asking that the item be deferred until the January 30, 1996 Commission meeting. A motion was made to waive the Bylaws since the request for deferral was not made at least 5 working days prior to the Commission meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. The item was placed on the Consent Agenda and approved for deferral to the January 30, 1996 Commission meeting by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JANUARY 30, 1996) The applicant was not present. There were no objectors present. Staff informed the Commission that a letter had been received from the applicant on January 5, 1996 asking that the rezoning request be withdrawn. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 9 ayes, 0 noes and 2 absent. 3