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HomeMy WebLinkAboutZ-4634 Staff AnalysisMay 27, 1986 Item No. A - z-4634 Owner: Applicant: Location: Request: Purpose: Size: Billie Jean Barkley Walter Hyde 9202 Stagecoach Road Rezone from "R-2" to "C-3" Beauty Shop 1.7 acres Existing Use: Single Family and Beauty Shop SURROUNDING LAND USE AND ZONING: North -`Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Vacant, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The issue before the Commission is to rezone the property to "C-3" for an existing beauty shop. The shop was in operation prior to being annexed, but some time after coming into the City expansion took place which is not permitted because of being a nonconforming use. After that was determined, the owners were issued an enforcement notice, and then filed the rezoning request. The site is located on Stagecoach Road (Highway No. 5) south of Baseline Road in the Otter Creek area. The land use is primarily vacant or single family on large tracts. There are some nonresidential uses in the vicinity of the intersection of Baseline Road and Stagecoach Road. The zoning is "R-2" with some multifamily to the south and commercial at the intersection of Baseline and Stagecoach. 2. The site is a level piece of ground with a single family residence on it and the building is being used for a beauty shop. 3. Stagecoach Road (Highway No. 5) is identified on the Master Street Plan as a principal arterial. The existing right-of-way is deficient for an arterial so dedication of additional right-of-way will be required. May 27, 1986 Item No. A - Continued 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented neighborhood position on the site. The property was annexed into the City in 1980. 7. The adopted Land Use Plan for the Otter Creek District recommends a multifamily use for the property not commercial as is being requested. The plan shows commercial uses to the north of this tract and concentrated at the intersection of Baseline and Stagecoach. Staff believes that the plan's concept should be maintained and does not support the "C-3" request. The rezoning of this tract to commercial could lead to the stripping out of Stagecoach which would create an undesirable development pattern. The "C-3" parcel on the east side of Stagecoach was accomplished with staff support because of being a large tract and having frontage on both Baseline and Stagecoach. (The application for Z-4325 was filed prior to the adoption of the Otter Creek Plan but was not acted upon until the plan had been completed. During that time period, an amended rezoning plan was submitted based on input from the staff and the Otter Creek Property Owners' Association. The southern portion of the parcel is not identified on the plan for commercial use.) Staff feels that a "C-3" rezoning of this site could have a greater impact on the area than allowing the "C-3" tract on the east side to extend south of the commercial line. STAFF RECOMMENDATION: Staff recommends denial of the "C-3" request as filed. PLANNING COMMISSION ACTION: (4-22-86) The applicant, Walter Hyde, was present. There were no objectors. Mr. Hyde described the area and said that there was only one building on the site and not two as stated in the staff writeup. He said that a carport was enclosed to provide the space for the beauty shop. There was a long discussion about the possibility of a nonconforming use and structure. Kenny Scott, of the City Staff, addressed the enforcement action because of the sign. He said that his office had no information on the nonconforming status of the property. Betty Jean Hyde then spoke and said that equipment had been stored on the site but not in use since 1962. May 27, 1986 Item No. A - Continued Tommy Evens then addressed the Commission and said that he was speaking for the Hyde's. He said that the beauty shop was an asset for the community and would not cause any problems. There was a long discussion about the various issues. The Commission voted on the "C-3" request as filed. The vote was 0 ayes, 4 noes, 3 absent and 4 abstentions (Jim Summerlin, Jerilyn Nicholson, Betty Sipes and Richard Massie). Because of failing to receive a majority vote, the rezoning was deferred to the May 27, 1986, meeting. (Commissioner Massie requested that the Planning Staff study the area along Stagecoach south of Baseline Road and review the existing Otter Creek Plan.) PLANNING COMMISSION ACTION: (5-27-86) The applicant, Walter Hyde, was present. There were no objectors. Mr. Hyde spoke and discussed other possible zoning classifications that would allow the beauty shop to continue. He indicated that he was flexible and did not necessarily want commercial zoning. There was a long discussion about utilizing a PCD or rezoning to "O-1" with a conditional use permit for the beauty shop. A motion was made to amend the application to "0-1" with a conditional use permit for the beauty shop and waive any additional filing fees and further notification of property owners. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. April 22, 1986 Item No. 5 - Z-4634 Owner: Billie Jean Barkley Applicant: Walter Hyde Location: 9202 Stagecoach Road Request: Rezone from "R-2" to "C-3" Purpose: Beauty Shop Size: 1.7 acres Existing Use: Single Family and Beauty Shop SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Vacant, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The issue before the Commission is to rezone the property to "C-3" for an existing beauty shop. The shop was in operation prior to being annexed, but some time after coming into the City expansion took place which is not permitted because of being a nonconforming use. After that was determined, the owners were issued an enforcement notice, and then filed the rezoning request. The site is located on Stagecoach Road (Highway No. 5) south of Baseline Road in the Otter Creek area. The land use is primarily vacant or single family on large tracts. There are some nonresidential uses in the vicinity of the intersection of Baseline Road and Stagecoach Road. The zoning is "R-2" with some multifamily to the south and commercial at the intersection of Baseline and Stagecoach. 2. The site is a level piece of ground with a single family residence on it and the building is being used for a beauty shop. 3. Stagecoach Road (Highway No. 5) is identified on the Master Street Plan as a principal arterial. The existing right-of-way is deficient for an arterial so dedication of additional right-of-way will be required. April 22, 1986 Item No. 5 - Continued 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented neighborhood position on the site. The property was annexed into the City in 1980. 7. The adopted Land Use Plan for the Otter Creek District recommends a multifamily use for the property not commercial as is being requested. The plan shows commercial uses to the north of this tract and concentrated at the intersection of Baseline and Stagecoach. Staff believes that the plan's concept should be maintained and does not support the "C-3" request. The rezoning of this tract to commercial could lead to the stripping out of Stagecoach which would create an undesirable development pattern. The "C-3" parcel on the east side of Stagecoach was accomplished with staff support because of being a large tract and having frontage on both Baseline and Stagecoach. (The application for Z-4325 was filed prior to the adoption of the Otter Creek Plan but was not acted upon until the plan had been completed. During that time period, an amended rezoning plan was submitted based on input from the staff and the Otter Creek Property Owners"Association. The southern portion of the parcel is not identified on the plan for commercial use.) Staff feels that a "C-3" rezoning of this site could have a greater impact on the area than allowing the "C-3" tract on the east side to extend south of the commercial line. STAFF RECOMMENDATION: Staff recommends denial of the "C-3" request as filed. PLANNING COMMISSION ACTION: The applicant, Walter Hyde, was present. There were no objectors. Mr. Hyde described the area and said that there was only one building on the site and not two as stated in the staff writeup. He said that a carport was enclosed to provide the space for the beauty shop. There was a long discussion about the possibility of a nonconforming use and structure. Kenny Scott, of the City Staff, addressed th-e enforcement action because of the sign. He said that his office had no information on the nonconforming status of the property. Betty Jean Hyde then spoke and said that equipment had been stored on the site but not in use since 1962. April 22, 1986 Item No. 5 - Continued Tommy Evans then addressed the Commission and said that he was speaking for the Hyde's. He said that the beauty shop was an asset for the community and would not cause any problems. There was a long discussion about the various issues. The Commission voted on the "C-3" request as filed. The vote was 0 ayes, 4 noes, 3 absent and 4 abstentions (Jim Summerlin, Jerilyn Nicholson, Betty Sipes and Richard Massie). Because of failing to recieve a majority vote, the rezoning was deferred to the May 27, 1986, meeting (Commissioner Massie requested that the Planning Staff study the area along Stagecoach south of Baseline Road and review the existing Otter Creek plan). March 25, 1986 Item No. 11 - Other Matters A discussion of a request to notify property owners within 200 feet by a method other than what the Planning Commis.i..on -Byl-aws require . PLANNING COMMISSION ACTION: Because of the nature of this matter it was discussed at the Agenda Meeting. Walter Hyde asked that he be permitted to hand carry a rezoning notice to the property owners. The Planning-C-o-mmission instructed Mr. Hyde to follow the Bylaws for the necessary notification which includes obtaining a list of property owners from an abstract company and mailing the notices by certified or registered mail.