Loading...
HomeMy WebLinkAboutZ-4886 Staff AnalysisSeptember 8, 1987 Item No. 6 - Z-4886 Owner: Kathleen E. Aburrow Applicant: L.O.C., Inc./Clint Boshears Location: West 36th and West Road Request: Rezone from "R-2" to "0-3" Purpose: Office and Alcohol Rehabilitation Facility Size: 40.2 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, and School, Zoned "R-2" South - Vacant, Zoned "R-2" East - Vacant and Single Family, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The request is to rezone a large tract, 40 acres, from "R-2" to "0-3" for an alcohol rehabilitation facility and some offices. At this time, it is unclear as to whether the proposed office is associated with the rehabilitation use or if the land will be available for general office development. The size also makes it difficult to determine if there will be separate developments, or if one user will utilize the entire tract. Land use in the area is primarily single family with several large undeveloped parcels. Also, a number of platted single family lots are still vacant. To the north, there is a school and a multifamily development at the northeast corner of West 36th and Romine. Further to the west on West 36th, there are two developments that provide living quarters for certain types of handicapped people. One, Our Way, Inc., was developed prior to being annexed, and the other is a group facility being operated by United Cerebral Palsy, and it is zoned "PRD." Both facilities are primarily residential in nature with Our Way, Inc., being an independent living environment situation. 2. The site is vacant and heavily wooded. September 8, 1987 Item No. 6 - Continued 3. West 36th is classified as a minor arterial on the Master Street Plan so dedication of additional right-of-way will be required. The normal right-of-way standard for a minor arterial is 80 feet. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Staff has received several calls from nearby residents concerning this request. The site was annexed to the City in 1985. 7. The property under consideration is covered by the I-430 District Plan which does not identify the location for any nonresidential use; the plan recommends a single family pattern for the immediate area. It also recognizes some of the existing nonsingle family uses such as Our Way and Romine School. Major office areas within this Planning District are located in closer proximity to I-430 and at more visible sites such as the end of I-630 and Shackleford Road. Because of the proposal being in conflict with the adopted plan and the existing inventory of office land, staff cannot support the "0-3" reclassification. Forty acres of nonresidential zoning coul3 have an impact on the surrounding neighborhoods and the need for additional office land has not been adequately demonstrated. If granted, the rezoning could create an inappropriate "0-3" spot zoning. STAFF RECOMMENDATION: Staff recommends denial of the "0-3" zoning request as filed. PLANNING COMMISSION ACTION: The applicant was represented by Gerald Cathey. There were approximately 30 to 40 objectors in attendance. Staff reported that the application had been amended to include a 50-foot "OS" strip on the west side. Also, the Commission was informed that a written request for a deferral had been submitted, but it was made after the 5 day requirement as set out in the Planning Commission Bylaws. Mr. Cathey, a member of both the Serenity House and L.O.C. Board of Directors, addressed the Commission and said that the Serenity House Board had voted to request a deferral September 8, 1987 Item No. 6 - Continued because of an upcoming neighborhood meeting. He went on to say that he was not the applicant and was somewhat unprepared to discuss the issue. An officer of the Hunter Methodist Church addressed the Commission and said that there was nothing on the church's calendar for a meeting or even a request on file. Sandy Becker of the Westbrook Subdivision opposed the deferral and said that no meetings were ever proposed. Mr. Cathey indicated that one meeting was set up but no residents attended. Mr. Becker responded by saying that only two persons were invited. The Commission then discussed the Bylaws and how they related to the deferral request. A motion was made to defer the request. The vote was 0 ayes, 10 noes, and 1 abstention. The motion failed because of the negative vote. The Commission then proceeded with the public hearing on the rezoning request. Mr. Cathey described the Serenity House and said that the facility had outgrown the existing location. He then reviewed the funding sources and said that the Serenity House would only use ten acres with no definite plans for the remaining 30 acres. He said that the new building program would include clinic facilities because of the need for doctors and that a total of 20 beds were being proposed. There was a long discussion about the Serenity House and how it operates. Sandy Becker then spoke. He first reviewed a newspaper article and submitted a petition with approximately 400 names in opposition to the request. Mr. Becker indicated that the signatures included residents of the Westbrook, West Heights, and Campus Place Subdivisions. He said that the neighborhood was all "R-2" and the area should remain that way. Alim Qaasim discussed the area and said that traffic would be a problem. He also told the Commission that there would be a reduction in home value. Representative Ron Fuller said that the rezoning would impact property values and that it was out of character with the surrounding neighborhood. Mr. Fuller then presented a letter from Senator Ben Allen which expressed Mr. Allen's opposition to the rezoning. K.O. Young, a member of the Campus Place Homeowners Association, opposed the rezoning and read portions of a letter from Charles Stewart. Guy'Wade, Chairman of the Campus Place Association, said that the treatment center should be in a commercial area and asked the Commission to deny the rezoning. Linnie Hood, Lisa Withers, and Larry Bledsoe all spoke in opposition to the "0-3" rezoning. Mr. Bledsoe also presented a petition from the Kensington Place Subdivision with 175 names opposed to the rezoning. At that point, Commissioner David Jones called for the question. September 8, 1987 Item No. 6 - Continued There was some discussion about a possible withdrawal and comments were offered by the various parties. A motion was made to recommend approval of the "0-3" and "OS" rezoning as amended. The vote: 0 ayes, 11 noes, and 0 absent. The rezoning request was denied.