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HomeMy WebLinkAboutZ-4323 Staff AnalysisOctober 30, 1984 Item No. D - Z-4323 Owner: Alan C. Springer Applicant: Same Location: State Highway No. 10 1/2 Block East of Taylor Loop Request: Rezone from "R-2" Single Family to "C-3' General Commercial Purpose: Food Store Size: 2.75 acres + Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Single Family, Church and Commercial, Zoned "R-2" East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone the property in question to "C-3" to permit a food store. The owner of this tract is currently operating the commercial use, a food store, across Highway 10. The existing building is very close to the highway, and the applicant is concerned that when the proposed widening of -Highway 10 does take place that the new right-of-way line will be at the building. This will create an undesirable situation because that area is being used for parking and gas pumps which will have to be relocated once the highway improvement occurs. The property on the south side is too restricted to accommodate any change, and the applicant would like to relocate to the north side on a much larger tract. This tract can provide the needed land area for parking and accessory uses. The applicant feels that this is a more desirable location, and the food store will be providing a needed service for the area. 2. The site is vacant and flat. October 30, 1984 Item No. D - Continued 3. State Highway No. 10 is classified as a principal arterial which requires a minimum of 100 feet of right-of-way. The existing right-of-way is deficient so dedication of additional right-of-way will be necessary. (Engineering will address the specifics of this issue.) 4. There have been no adverse comments received from the reviewing agencies at this time. 5. One possible legal issue is the creation of a significant spot zoning. The request is approved. 6. This section of Highway No. 10 was annexed into the City in 1979. When the applicant filed the application, he submitted a number of signatures in support of this request. Since that time, the applicant has provided staff with additional petitions, and now the total number of signatures exceeds 500. These names cover a large area and are not restricted to the immediate Taylor Loop neighborhood. 7. The requested rezoning is conflict with the Suburban Development Plan and not supported by staff. The plan identifies an area to the east of Pinnacle Valley Road for commercial development, and staff feels that is adequate to meet the community's needs for the immediate future. Originally the Suburban Development Plan showed a location to the west of Taylor Loop Road for commercial uses, but that was shifted to the east by the Board of Directors. The general area is now shown for single family attached and multifamily housing. This is all on the south side of Highway No. 10. The property in question has always been identified for single family use only. The Suburban Development Plan has been followed in this area by the City denying another commercial rezoning request some time back. The staff's current position is consistent with previous actions and discussions with other property owners in the area. Arguments have been made that this type of commercial service will be lacking in the area if this request is not approved, but that does not appear to be the situation. To the west on Highway 10, there is a food store with related services and to the east within the Pankey community, there are similar establishments. Also recently, the City rezoned a tract of land on Pinnacle Valley Road for a food store. Granted, these are not in the immediate vicinity of the property in question, but it does indicate that the area is not without these types October 30, 1984 Item No. D - Continued of services. The Suburban Development Plan has identified an adequate location for commercial development, and that should be supported by denying this request. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (September 25, 1984) The applicant was present and represented by Hal Kemp, attorney. There were a number of persons in attendance who had an interest in the request. Mr. Kemp discussed the rezoning at length. He stated that Mr. Springer, the applicant, provided a needed service for a large area and that the existing store (The Country Store) was the only full service food store in the vicinity. Mr. Kemp indicated that Mr. Springer's present store serves approximately 400 persons per day. Mr. Springer was proposing to construct a 5,000 square foot store with adequate parking and other related services. Mr. Kemp went on to point out that the applicant had submitted approximately 500 signatures favoring the request. At this time, 20 to 25 persons in the audience expressed their support for the rezoning by standing. A long discussion continued about needed services in the area and other issues. Grace Miller spoke against the rezoning. She discussed Highway 10 and how previous rezoning requests had been denied. She was very concerned that the approval of Mr. Springer's application could lead to a strip zoning pattern along Highway 10. Lloyd Vaught, -owner of the existing Country Store property, then spoke. He presented a history of the store and discussed the Taylor Loop area. Mr. Vaught had earlier submitted letters to the Planning Commission members opposing the request but withdrew his opposition to the rezoning at the public hearing. Land use in the area was discussed and comments were made that the present site was a logical location for commercial uses. Charles Hinson, resident of the area, spoke in support of the rezoning and said there was a need for a larger store. Jim Lawson of the Planning Office addressed the Suburban Development Plan. He said the staff could study the Taylor Loop area again and possibly make some recommendations to the Commission by their next meeting. There was some discussion about sewer capacity in the northwest part of the City. Evelyn Thomas and another resident spoke in support of the rezoning Ben Rand described the need for a modern food store and supported the request. Mr. Vaught briefly discussed Highway 10 and certain issues. After some additional comments, the motion was made to defer the request to the October 30, 1984, October 30, 1984 Item No. D - Continued meeting to allow staff to take another look at Highway 10 and land use. Mr. Springer agreed to the deferral. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTOIN: (October 30, 1984) The applicant, Allen Springer, was present and represented by Hal Kemp. There were a number of persons in attendance regarding this item. Mr. Kemp spoke about the proposal and voiced their support for one of the options developed by the staff for land use at the intersection of Taylor Loop and Highway 10. The option favored by Mr. Kemp and Mr. Springer shows all four corners for commercial uses. Mr. Kemp reminded the Planning Commission of the petitions in support of the request and of the supporters who have attended the public hearings. Lloyd Vaught, owner of the Country Store location, briefly discussed the property to the west of the Country Store. The Planning Commission discussed at length the Suburban Development Plan and possible amendment to the plan utilizing one of the options presented by the staff. The Planning Commission voted to recommend approval of the "C-3" request as filed. The vote - 9 ayes, 0 noes and 2 absent. A second vote was taken on a motion to amend the Suburban Development Plan using Option 4 which identifies all four corners at Highway 10 and Taylor Loop for commercial uses. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION POSITION - The Planning Commission voted to support the re uest for the following reasons: location is the intersection of two arterial streets, the (2) there are a number of existing commercial uses in the immediate vicinity, (3) originally the Suburban Development Plan identified the area for commercial uses, and the Commission felt that was a mistake to remove it from this location and locate the commercial land use to the east. September 25, 1984 Item No. 10 - Z-4323 Owner: Alan C. Springer Applicant: Same Location: State Highway No. 10 1/2 Block East of Taylor Loop Request: Rezone from "R-2" Single Family to "C-3' General Commercial Purpose: Food Store Size: 2.75 acres + Existing Use: Vacan t SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Single Family, Church and Commercial, Zoned "R-2" East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone the property in question to "C-3" to permit a food store. The owner of this tract is currently operating the commercial use, a food store, across Highway 10. The existing building is very close to the highway, and the applicant is concerned that when the proposed widening of Highway 10 does take -place -that -the new right-of-way line will be at the building. This will create an undesirable situation because that area is -being used for parking and gas pumps which will have to be relocated once the highway improvement occurs. The property on the south side is too restricted to accommodate any change, and the applicant would like to relocate to the north side on a much larger tract. This tract can provide the needed land area for parking and accessory uses. The applicant feels that this is a more desirable location, and the food store will be providing a needed service for the area. 2. The site is vacant and flat. September 25, 1984 Item No. 10 - Continued 3. State Highway No. 10 is classified as a principal arterial which requires a minimum of 100 feet of right-of-way. The existing right-of-way is deficient so dedication of additional right-of-way will be necessary. (Engineering will address the specifics of this issue.) 4. There have been no adverse comments received from the reviewing agencies at this time. 5. One possible legal issue is the creation of a significant spot zoning. The request is approved. 6. This section of Highway No. 10 was annexed into the City in 1979. When the applicant filed the application, he submitted a number of signatures in support of this request. Since that time, the applicant has provided staff with additional petitions, and now the total number of signatures exceeds 500. These names cover a large area and are not restricted to the immediate Taylor Loop neighborhood. 7. The requested rezoning is conflict with the Suburban Development Plan and not supported by staff. The plan identifies an area to the east of Pinnacle Valley Road for commercial development, and staff feels that is adequate to meet the community's needs for the immediate future. Originally the Suburban Development Plan showed a location to the west of Taylor Loop Road for commercial uses, but that was shifted to the east by the Board of Directors. The general area is now shown for single family attached and multifamily housing. This is all on the south side of Highway No. 10. The property in question has always been identified for single family use only. The Suburban Development Plan has been followed in this area by the City denying another commercial rezoning request some time back. The staff's current position is consistent with previous actions and discussions with other property owners in the area. Arguments have been made that this type of commercial service will be lacking in the area if this request is not approved, but that does not appear to be the situation. To the west on Highway 10, there is a food store with related services and to the east within the Pankey community, there are similar establishments. Also recently, the City rezoned a tract of land on Pinnacle Valley Road for a food store. Granted, these are in the immediate vicinity of the property in question, but it does indicate that the area is not without these types of September 25, 1984 Item No. 10 - Continued services. The Suburban Development Plan has identified an adequate location for commercial development, and that should be supported by denying this request. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: The applicant was present and represented by Hal Kemp, attorney. There were a number of persons in attendance who had an interest in the request. Mr. Kemp discussed the rezoning at length. He stated that Mr. Springer, the applicant, provided a needed service for a large area and that the existing store (The Country Store) was the only full service food store in the vicinity. Mr. Kemp indicated that Mr. Springer's present store serves approximately 400 persons per day. Mr. Springer was proposing to construct a 5,000 square foot store with adequate parking and other related services. Mr. Kemp went on to point out that the applicant had submitted approximately 500 signatures favoring the request. At this time, 20 to 25 persons in the audience expressed their support for the rezoning by standing. A long discussion continued about needed services in the area and other issues. Grace Miller spoke against the rezoning. She discussed Highway 10 and how previous rezoning requests had been denied. She was very concerned that the approval of Mr. Springer's application could lead to a strip zoning pattern along Highway 10. Lloyd Vaught, owner of the existing Country Store property, then spoke. He presented a history of the store and discussed the Taylor Loop area. Mr. Vaught had earlier submitted letters to the Planning Commission members opposing the request but withdrew his opposition to the rezoning at the public hearing. Land use in the area was discussed and comments were made that the present site was a logical location for commercial uses. Charles Hinson, resident of the area, spoke in support of the rezoning and said there was a need for a larger store. Jim Lawson of the Planning Office addressed the Suburban Development Plan. He said the staff could study the Taylor Loop area again and possibly make some recommendations to the Commission by their next meeting. There was some discussion about sewer capacity in the northwest part of the City. Evelyn Thomas and another resident spoke in support of the rezoning. Ben Rand described the need for a modern food store and supported the request. Mr. Vaught briefly discussed Highway 10 and certain issues. After some additional comments, the motion was made to defer the request to the October 30, 1984, meeting to allow staff September 25, 1984 Item No. 10 - Continued to take another look at Highway 10 and land use. Mr. Springer agreed to the deferral. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. October 30, 1984 Item No. D -- Z-4323 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Alan C. Springer Same State Highway No. 10 1/2 Block East of Taylor Loop Rezone from "R-2" Single Family to "C-3' General Commercial Food Store 2.75 acres + Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Single Family, Church and Commercial, Zoned "R-2" East - Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone the property in question to "C-3" to permit a food store. The owner of this tract is currently operating the commercial use, a food store, across Highway 10. The existing building is very close to the highway, and the applicant is concerned that when the proposed widening of Highway 10 does take place that the new right-of-way line will be at the building. This will create an undesirable situation because that area is being used for parking and gas pumps which will have to be relocated once the highway improvement occurs. The property on the south side is too restricted to accommodate any change, and the applicant would like to relocate to the north side on a much larger tract. This tract can provide the needed land area for parking and accessory uses. The applicant feels that this is a more desirable location, and the food store will be providing a needed service for the area. 2. The site is vacant and flat. October 30, 1984 Item No. D - Continued 3. State Highway No. 10 is classified as a principal arterial which requires a minimum of 100 feet of right-of-way. The existing right-of-way is deficient so dedication of additional right-of-way will be necessary. (Engineering will address the specifics of this issue.) 4. There have been no adverse comments received from the reviewing agencies at this time. 5. One possible legal issue is the creation of a significant spot zoning. The request is approved. 6. This section of Highway No. 10 was annexed into the City in 1979. when the applicant filed the application, he submitted a number of signatures in support of this request. Since that time, the applicant has provided staff with additional petitions, and now the total number of signatures exceeds 500. These names cover a large area and are not restricted to the immediate Taylor Loop neighborhood. 7. The requested rezoning is conflict with the Suburban Development Plan and not supported by staff. The plan identifies an area to the east of Pinnacle Valley Road for commercial development, and staff feels that is adequate to meet the community's needs for the immediate future. Originally the Suburban Development Plan showed a location to the west of Taylor Loop Road for commercial uses, but that was shifted to the east by the Board of Directors. The general area is now shown for single family attached and multifamily housing. This is all on the south side of Highway No. 10. The property in question has always been identified for single family use only. The Suburban Development Plan has been followed in this area by the City denying another commercial rezoning request some time back. The staff's current position is consistent with previous actions and discussions with other property owners in the area. Arguments have been made that this type of commercial service will be lacking in the area if this request is not approved, but that does not appear to be the situation. To the west on Highway 10, there is a food store with related services and to the east within the Pankey community, there are similar establishments. Also recently, the City rezoned a tract of land on Pinnacle Valley Road for a food store. Granted, these are not in the immediate vicinity of the property in question, but it does -indicate that the area is not without these types October 30, 1984 Item No. D - Continued of services. The Suburban Development Plan has identified an adequate location for commercial development, and that should be supported by denying this request. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (September 25, 1984) The applicant was present and represented by Hal Kemp, attorney. There were a number of persons in attendance who had an interest in the request. Mr. Kemp discussed the rezoning at length. He stated that Mr. Springer, the applicant, provided a needed service for a large area and that the existing store (The Country Store) was the only full service food store in the vicinity. Mr. Kemp indicated that Mr. Springer's present store serves approximately 400 persons per day. Mr. Springer was proposing to construct a 5,000 square foot store with adequate parking and other related services. Mr. Kemp went on to point out that the applicant had submitted approximately 500 signatures favoring the request. At this time, 20 to 25 persons in the audience expressed their support for the rezoning by standing. A long discussion continued about needed services in the area and other issues. Grace Miller spoke against the rezoning. She discussed Highway 10 and how previous rezoning requests had been denied. She was very concerned that the approval of Mr. Springer's application could lead to a strip zoning pattern along Highway 10. Lloyd Vaught, owner of the existing Country Store property, then spoke. He presented a history of the store and discussed the Taylor Loop area. Mr. Vaught had earlier submitted letters to the Planning Commission members opposing the request but withdrew his opposition to the rezoning at the public hearing. Land use in the area was discussed and comments were made that the present site was a logical location for commercial uses. Charles Hinson, resident of the area, spoke in support of the rezoning and said there was a need for a larger store. Jim Lawson of the Planning Office addressed the Suburban Development Plan. He said the staff could study the Taylor Loop area again and possibly make some recommendations to the Commission by their next meeting. There was some discussion about sewer capacity in the northwest part of the City. Evelyn Thomas and another resident spoke in support of the rezoning. Ben Rand described the need for a modern food store and supported the request. Mr. Vaught briefly discussed Highway 10 and certain issues. After some additional comments, the motion was made to defer the request to the October 30, 1984, October 30, 1984 Item No. D - Continued meeting to allow staff to take another look at Highway 10 and land use. Mr. Springer agreed to the deferral. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTOIN: (October 30, 1984) The applicant, Allen Springer, was present and represented by Hal Kemp. There were a number of persons in attendance regarding this item. Mr. Kemp spoke about the proposal and voiced their support for one of the options developed by the staff for land use at the intersection of Taylor Loop and Highway 10. The option favored by Mr. Kemp and Mr. Springer shows all four corners for commercial uses. Mr. Kemp reminded the Planning Commission of the petitions in support of the request and of the supporters who have attended the public hearings. Lloyd Vaught, owner of the Country Store location, briefly discussed the property to the west of the Country Store. The Planning Commission discussed at length the Suburban Development Plan and possible amendment to the plan utilizing one of the options presented by the staff. The Planning Commission voted to recommend approval of the "C-3" request as filed. The vote - 9 ayes, 0 noes and 2 absent. A second vote was taken on a motion to amend the Suburban Development Plan using Option 4 which identifies all four corners at Highway 10 and Taylor Loop for commercial uses. The motion passed by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION POSITION - The Planning Commission voted to support the request for the following reasons: (1) the location is the intersection of two arterial streets, (2) there are a number of existing commercial uses in the immediate vicinity, (3) originally the Suburban Development Plan identified the area for commercial uses, and the Commission felt that was a mistake to remove it from this location and locate the commercial land use to the east.