HomeMy WebLinkAboutZ-4431-B Staff AnalysisAugust 13, 1985
SUBDIVISIONS
Item No. 9
NAME:
LOCATION:
OWNER/APPLICANT:
PROPOSAL:
Lee Stephens - Site Plan Review
(Z -4431-B)
The North Side of State
Highway 10 West of the Pankey
Community (14,900 Cantrell Rd.)
Lee Stevens/David Henry
To rezone 2+ acres from 11R-2" to 110-2" and to convert an
existing 1500 square foot single family structure to an
office use.
STAFF ANALYSIS
This property is adjacent to single family uses to the west
and vacant land to the north. Commercial uses lie to the
south and east. The proposed site plan meets ordinance
requirements in regard to parking and minimum site area.
The proposal contains a 6 -foot opaque screening fence on the
north, east and south property line. The site plan is,
however, deficient in two respects. The plan should be
revised to incorporate all of the property. Secondly, the
site plan should include a 25 -foot landscaped strip parallel
to State Highway No. 10. Finally, the Fire Department
requests a 20 -foot access drive rather than the 18 -foot
access drive as shown.
CITY ENGINEERING COMMENTS:
(1) An in -lieu contribution is required for boundary street
improvements on State Highway No. 10; (2) dedicate
right-of-way on State Highway No. 10; and (3) submit
stormwater detention plan.
STAFF RECOMMENDATION:
Approval provided the applicant agrees to: (1) submit a
revised site plan that includes the entirety of the
property, a 25 -foot landscaped buffer parallel to State
Highway No. 10, and a 20 -foot access drive; (2) meet City
Engineering requirements No. 1, 2, and 3.
August 13, 1985
SUBDIVISIONS
Item No. 9 - Continued
SUBDIVISION COMMITTEE REVIEW:
The applicant was present. The staff stated that its
recommendation of the site plan approval did not constitute
an endorsement of the proposed rezoning. The Committee and
the applicant discussed the possibility of changing the
proposal to a PUD. The applicant then agreed to comply with
staff recommendations in regard to the site plan.
PLANNING COMMISSION ACTION:
The applicant was present. There were two objectors
present. Ms. Saugey and Ms. Bonnie Cartland opposed the
rezoning and stated that the Suburban Development Plan
called for this property to remain single family.
Mr. David Henry spoke in behalf of the applicant and stated
that a nonconforming commercial use was located adjacent to
the east and that an office use on his property would act as
a buffer to the single family to the west. The Commission
then voted on Z -4431-A and Z -4431-B (site plan). The vote
was to deny these proposals by a vote of 7 ayes, 0 noes, 2
absent and 2 abstentions (Rector, Summerlin).
August 13, 1985
SUBDIVISIONS
Item No. 9
NAME:
LOCATION:
OWNER/APPLICANT:
PROPOSAL:
Lee Stephens - Site Plan Review
(Z -4431-B)
The North Side of State
Highway 10 West of the Pankey
Community (14,900 Cantrell Rd.)
Lee Stevens/David Henry
To rezone 2+ acres from "R-2" to 110-2" and to convert an
existing 1500 square foot single family structure to an
office use.
STAFF ANALYSIS
This property is adjacent to single family uses to the west
and vacant land to the north. Commercial uses lie to the
south and east. The proposed site plan meets ordinance
requirements in regard to parking and minimum site area.
The proposal contains a 6 -foot opaque screening fence on the
north, east and south property line. The site plan is,
however, deficient in two respects. The plan should be
revised to incorporate all of the property. Secondly, the
site plan should include a 25 -foot landscaped strip parallel
to State Highway No. 10. Finally, the Fire Department
requests a 20 -foot access drive rather than the 18 -foot
access drive as shown.
CITY ENGINEERING COMMENTS:
(1) An in -lieu contribution is required for boundary street
improvements on State Highway No. 10; (2) dedicate
right-of-way on State Highway No. 10; and (3) submit
stormwater detention plan.
STAFF RECOMMENDATION:
Approval provided the applicant agregs to: (1) submit a
revised site plan that includes the entirety of the
property, a 25 -foot landscaped buffer parallel to State
Highway No. 10, and a 20 -foot access drive; (2) meet City
Engineering requirements No. 1, 2, and 3.
August 13, 1985
SUBDIVISIONS
Item No. 9 - Continued
SUBDIVISION COMMITTEE REVIEW:
The applicant was present. The staff stated that its
recommendation of the site plan approval did not constitute
an endorsement of the proposed rezoning. The Committee and
the applicant discussed the possibility of changing the
proposal to -a PUD. The applicant then agreed to comply with
staff recommendations in regard to the site plan.
PLANNING COMMISSION ACTION:
The applicant was present. There were two objectors
present. Ms. Saugey and Ms. Bonnie Cartland opposed the
rezoning and stated that the Suburban Development Plan
called for this property to remain single family.
Mr. David Henry spoke in behalf of the applicant and stated
that a nonconforming commercial use was located adjacent to
the east and that an office use on his property would act as
a buffer to the single family to the west. The Commission
then voted on Z -4431-A and Z -4431-B (site plan). The vote
was to deny these proposals by a vote of 7 ayes, 0 noes, 2
absent and 2 abstentions (Rector, Summerlin).
August 13, 1985
SUBDIVISIONS
Item No. 9
NAME:
Lee Stephens - Site Plan Review
(Z -4431-B)
LOCATION: The North Side of State
Highway 10 West of the Pankey
Community (14,900 Cantrell Rd.)
OWNER/APPLICANT: Lee Stevens/David Henry
PROPOSAL:
To rezone 2+ acres from "R-2" to 110-2" and to convert an
existing 1500 square foot single family structure to an
office use.
STAFF ANALYSIS
This property is adjacent to single family uses to the west
and vacant land to the north. Commercial uses lie to the
south and east. The proposed site plan meets ordinance
requirements in regard to parking and minimum site area.
The proposal contains a 6 -foot opaque screening fence on the
north, east and south property line. The.site plan is,
however, deficient in two respects. The plan should be
revised to incorporate all of the property. Secondly, the
site plan should include a 25 -foot landscaped strip parallel
to State Highway No. 10. Finally, the Fire Department
requests a 20 -foot access drive rather than the 18 -foot
access drive as shown.
CITY ENGINEERING COMMENTS:
(1) An in -lieu contribution is required for boundary street
improvements on State Highway No. 10; (2) dedicate
right-of-way on State Highway No. 10; and (3) submit
stormwater detention plan.
STAFF RECOMMENDATION:
Approval provided the applicant agrees to: (1) submit a
revised site plan that includes the entirety of the
property, a 25 -foot landscaped buffer parallel to State
Highway No. 10, and a 20 --foot access drive; (2) meet City
Engineering requirements No. 1. 2, and 3.
August 13, 1985
SUBDIVISIONS
Item No. 9 - Continued
SUBDIVISION COMMITTEE REVIEW:
The applicant was present. The staff stated that its
recommendation of the site plan approval did not constitute
an endorsement of the proposed rezoning. The Committee and
the applicant discussed the possibility of changing the
proposal to a PUD. The applicant then agreed to comply with
staff recommendations in regard to the site plan.
PLANNING COMMISSION ACTION:
The applicant was present. There were two objectors
present. Ms. Saugey and Ms. Bonnie Cartland opposed the
rezoning and stated that the Suburban Development Plan
called for this property to remain single family.
Mr. David Henry spoke in behalf of the applicant and stated
that a nonconforming commercial use was located adjacent to
the east and that an office use on his property would act as
a buffer to the single family to the west. The Commission
then voted on Z -4431-A and Z -4431-B (site plan). The vote
was to deny these proposals by a vote of 7 ayes, 0 noes, 2
absent and 2 abstentions (Rector, Summerlin).
August 13, 1985
Item No. 9A - Z -4431-A
Owner: Al Deaver & A.C. Freeman
Applicant: Lee Stephens by David Henry
Location: 14,900 Cantrell Road
Request: Rezone from "R-2" Single Family
to 110-211 Office and Institutional
Purpose: Office
Size: 2.0 acres +
Existing Use: Single Family
eT1DnnTlunTur_ T.ANTI TT.qF. ANT) 7.ONTNr,!
North - Vacant, Zoned "R-2"
South - Single Family and Commercial,
Zoned "R-2" and "C-3"
East - Commercial, Zoned "R-2"
West - Single Family, Zoned "R-2"
PLANNING CONSIDERATIONS:
1. The request is to rezone the property in question to
110-2." The proposed use is a real estate appraisal
office with four employees. The "0-2" district is a
site plan review district and the required site plan
for 14,900 Cantrell Road is on this agenda for Planning
Commission consideration and approval. The proposal is
to utilize the existing structure with some minor
changes, and to provide the necessary parking and
landscaping. Because of the type of use being
proposed, traffic generated by the office will be
fairly light. This section of Highway 10 from Pinnacle
Valley Road to the west is made up of residential and
nonresidential uses which include a church, landscaping
business and a food store. The majority of the
nonresidential uses along this segment of Highway 10
are nonconforming with the exception of the food store
east of Taylor Loop Road and the antique store west of
Taylor Loop Road. Those two locations are zoned
"C-3.11
2. The site is flat and occupied by single family
residents with a barn.
August 13, 1985
Item No. 9-A - Continued
3. State Highway No. 10 (Cantrell Road) is classified as a
major arterial on the Master Street Plan. Dedication
of additional right-of-way will be required because the
existing right-of-way is deficient. The recommended
right-of-way for Highway 10 is 100 feet or 50 feet from
the centerline of the road.
4. No adverse comments have been received from the
reviewing agencies as of this writing.
5. There are no legal issues associated with this request.
6. In April 1985, an attempt was made to rezone the tract
to "C-3." The staff recommended denial of the "C-3"
rezoning. During the Planning Commission public
hearing, the applicant amended the request to "0-3."
The amended application to "0-3" was denied by the
Planning Commission. The issue was never appealed to
the City Board of Directors. The neighborhood's
position regarding nonresidential rezoning in the area
has been well documented over the years. Property was
annexed into the City in 1979.
7. The Suburban Development Plan does not identify the
location for any type of nonresidential use and staff
does not support the 110-2" request based on the plan.
In November 1984, the City Board of Directors amended
the Suburban Development Plan to designate the
intersection of Taylor Loop and Highway 10 for
commercial uses. The property in question is just west
of the commercial line now shown on the Suburban
Development Plan. There was no provision made for a
"step down approach" to zoning at this location. The
staff's position is that the existing line for
nonresidential uses should be maintained because
rezoning property beyond the identified commercial area
will then make it difficult to draw lines in the
future. The approval of this request could establish
precedent for rezoning other sites east and west of
Taylor Loop.
NOTE: There is a bylaw issue attendant to this request
that should be resolved prior to the Planning
Commission taking action on the rezoning. The
issue is one of reapplication because of the
previous application being filed in April 1985.
The bylaw provision for reapplication is:
August 13, 1985
Item No. 9-A - Continued
"Except for cause and with unanimous consent of
all members present at a regular meeting no
application for rezoning of property shall be
considered if a former application embracing the
same property or portion thereof has been denied
by the Commission within a period of 12 months
preceeding the application. If the Commission
decides to rehear a case it will require a new
fee, legal ad, notice, etc., as required for new
application."
The fee has been paid and the necessary legal ad has been
published.
STAFF RECOMMENDATION:
The staff recommends denial of the 100-2" request as filed.
PLANNING COMMISSION ACTION:
The applicant was present. There were two objectors
present. Ms. Saugey and Ms. Bonnie Cartland opposed the
rezoning and stated that the Suburban Development Plan
called for this property to remain single family.
Mr. David Henry spoke in behalf of the applicant and stated
that a nonconforming commercial use was located adjacent to
the east and that an office use on his property would act as
a buffer to the single family to the west. The Commission
then voted on Z -4431-A and Z -4431-B (site plan). The vote
was to deny these proposals by a vote of 7 ayes, 0 noes, 2
absent and 2 abstentions (Rector, Summerlin).