HomeMy WebLinkAboutZ-5016 Staff Analysisn
May 17, 1988
Item No. 3 - Z-5016
Owner: Noah Bates
Applicant: John A. Rees
Location: West 65th and Battle Road
Request: Rezone from "R-2" to "C-4"
Purpose: Commercial and Office Warehouse
Size: 4.22 acres
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING:
North - Vacant, Zoned "MF -6"
South - Commercial and Warehousing, Zoned "I-2"
East - Auto Sales, Zoned "C-3"
West - Industrial, Zoned "I-2"
STAFF ANALYSIS:
The site in question is located at the northeast corner of
West 65th and Battle Road, and the request is to rezone the
property from "R-2" to "C-4." At this time, the applicant
has indicated that an office warehouse development with some
commercial uses is proposed for the land. No specific plans
have been submitted, so no additional information is
available.
Zoning in the immediate area is very mixed and includes
11R-2," 11R-4," "MF -6," "C-3," and "I-2." The site abuts
11C-3" to the east with "I-2" across West 65th and Battle
Road. The adjacent "C-3" site has an auto sales lot on it
which is a "C-4" use. The land use pattern follows the
existing zoning with several vacant tracts, the "MF -6" land
to the north and an "R-2" tract west of Battle Road. On the
south side of West 65th, there is a large 11R-2" tract, but
it has a major use, an utility operation. A majority of the
properties that front West 65th have nonresidential uses
with the appropriate zoning so the proposed change conforms
to the area's existing development.
Staff's position is that the proposed rezoning is a
reasonable classification for some of the property. Because
of the residential zoning use to the north, staff recommends
that the north 100 feet of the site be left "R-2." This
May 17, 1988
Item No. 3 - Continued
would be consistent with the land to the east, because when
it was rezoned to "C-3," the north 100 feet remained "R-2.11
Also on the west side of Battle Road, there is a single
family residence zoned "R-2" and a 100 -foot strip would
offer it some protection.
The "C-4" reclassification conforms to the adopted West 65th
District Plan which recommends a mix of commercial and
industrial uses.
ENGINEERING COMMENTS:
Dedication of additional right-of-way for Battle Road to
meet the standards for a collector, one-half of 60 feet.
STAFF RECOMMENDATION:
Staff recommends approval of the "C-4" rezoning except for
the north 100 feet.
PLANNING COMMISSION ACTION:
The applicant, John Rees, was present. There were no
objectors. Staff reported that the file was incomplete
because all the necessary notification materials had not
been submitted. Mr. Rees said that the required notices
were not sent by certified mail, but the owner had obtained
a notarized letter from each property owner stating that
they were contacted before May 5, 1988. There was a
discussion about the bylaws, and Stephen Giles of the City
Attorney's Office said that the property owners had been
notified in this situation. A motion was made to waive the
bylaw requirement for notification of property owners by
certified mail. The vote was approved by a vote of 8 ayes,
0 noes, and 2 absent. Mr. Rees then discussed the request
and said that the owner had problems with the north 100 feet
being left "R-2" as recommended by the staff. He suggested
that the property could be buffered with the fence and
landscaping. There was a long discussion about a buffer and
protecting the residential areas to the north. After some
additional comments, Mr. Rees asked that the item be
deferred to the next meeting because of the buffer and to
allow him to discuss it with the owner. A motion was then
made to recommend approval of "C-4" with a 50 -foot "OS"
strip along the north property line and an additional 50
feet of "OS" adjacent to the east and west boundaries with a
depth of 50 feet and if the owner does not agree with the
"OS" area, then the Planning Commission recommends denial.
The motion passed by a vote of 10 ayes, 0 noes, and 1
absent.