HomeMy WebLinkAboutZ-4524-C Staff AnalysisMay 4, 1993
ITEM NO.: 1 Z-4524-C
owner: Resolution Trust Corporation
Applicant: Grace Community Church
Location: Highway 10 at Sam Peck Road
Request: Rezone from MF-12 to 0-2
Purpose: Office
Size: 7.0 acres
Existing Use: Vacant
ggpRROUNDING LAND USE AND ZONING
North - Vacant, zoned MF-12
South - Vacant, zoned R-2
East - Vacant, zoned MF-12
West - Park Land, zoned R-2
STAFF ANALYSIS
The request before the Commission is to rezone approximately
7 acres on Highway 10 from MF-12 to 0-2. The site is
situated northwest of where Sam Peck Road intersects
Highway 10. The acreage is part of a larger tract,
22 acres, and the proposal is to subdivide the 7 acres into
three lots for future development. The remaining 15 acres
are to be developed for a church and related facilities. (A
conditional use permit has been filed for the church and
will be reviewed by the Planning Commission at the
April 20, 1993 meeting.) The property is vacant and wooded.
Zoning in the area is R-2, MF-12, 0-2 and PRD, with the site
abutting R-2 and MF-12. The existing 0-2 is located at the
southeast corner of Highway 10 and Sam Peck Road. Land use
includes single family, multifamily, a tennis and athletic
club, a YMCA facility and a cemetery. To the west is River
Mountain Park, and throughout the area there are undeveloped
tracts of land.
In 1985, a PRD was approved for a multifamily development,
264 units, on the entire 22 acres. A time extension was
granted in 1986, however, no final plan was ever submitted
and the PRD expired. The property was rezoned to MF-12 in
1992 and a site plan was approved for multifamily project on
a portion of the site.
May 4, 1993
ITEM NO.: 1 Z-4 24- Cont.
An office reclassification of the 7 acres is a reasonable
option for the location, and staff supports the 0-2
rezoning. At this time, the adopted plan recognizes the
existing zoning and shows the site as part of a multifamily
area. Other land use designations in the immediate vicinity
are office or transition zone. Therefore, it appears that
rezoning property to an office district is compatible with
the area and should not have an impact on the nearby
properties. 0-2 is a site plan review district, so there
will be additional review of any development plan prior to
the necessary permits being issued. Also, 0-2 has a minimum
lot area of two acres. Staff is recommending a plan
amendment to transition zone for the site.
LAND USE PLAN ELEMENT
The plan recommends multifamily for this location. The
surrounding area is generally Office or Transition Zone.
Since the plan was approved largely based on the existing
zoning, it is appropriate to review the plan for alternative
designations. Either a lower density multifamily or office
use would be consistent with the recommended future
development. To this end a plan amendment to transition
zone would be appropriate.
ENGINEERING COMMENTS
There are none to be reported.
STAFF RECOMMENDATION
Staff recommends approval of the 0-2 rezoning as requested.
PLANNING COMMISSION ACTION: (MAY 4, 1993)
The application was represented by Olan Asbury. There was
one objector in attendance.
Staff briefed the Commission on a notice issue and reported
that the notices were sent two times because of a change in
the hearing date. The second set was mailed less than the
bylaw requirement of fifteen days for the May 4, 1993
meeting. Staff felt that sufficient notification had been
given and supported a waiver of the bylaws.
A motion was made to waive the bylaw provision for 15 day
written notice. The motion passed by a vote of 8 ayes,
0 nays, 2 absent and 1 abstention (Kathleen Oleson).
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May 4, 1993
ITEM NO.: 1 Z-4524-C(Cont.)
Staff also reported that the request had been modified by
shifting the proposed 0-2 area from the west side (7 acres)
to 6 acres along the entire Highway 10 frontage. Staff
informed the Commission that they could act on the new 0-2
area because proper notification had been given.
Olan Asbury spoke and described the site and the surrounding
area. Mr. Asbury said that the proposed 0-2 rezoning was
for 6 acres, and the remaining 16 acres would be left MF-12.
He told the Commission that a conditional use permit was on
the June 1, 1993 agenda for review and a plat had also been
filed for the same meeting. Mr. Asbury said that the 0-2
lots would conform to the Highway 10 Overlay requirement and
would go through site plan review.
Don Holeman, a resident in the Piedmont Subdivision,
addressed the Planning Commission. Mr. Holeman presented
some background on Highway 10 and said he was not interested
in changing the plan. Mr. Holeman said that he did not want
more non-residential zoning along Highway 10, and he was
opposed to 0-2 as were other residences in Piedmont
Subdivision. He requested no more changes to the present
zoning pattern. Mr. Holeman then told the Commission that
he would prefer multifamily zoning to office zoning. He
described other properties along Highway 10 and said a
change to 0-2 would lead to other rezonings. Mr. Holeman
said that he did not have anything in writing from the other
families in Piedmont and concluded by saying that he was
trying to slow down the nonresidential growth on Highway 10.
Comments were offered by several commissioners.
Olan Asbury spoke and said the proposal was a good plan, and
the 0-2 lots would be sold. Mr. Asbury then asked the
Commission to support the 0-2 rezoning.
A motion was made to recommend approval of the 0-2 request.
The motion passed by a vote of 6 ayes, 3 nays and 2 absent.
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