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HomeMy WebLinkAboutZ-5044 Staff AnalysisAugust 23, 1988 Item No. F - Z-5044 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: John G. and Nancy T. Pratt John G. Pratt 12705 Alexander Road Rezone from "R-2" to 111-2" Industrial 4.95 acres Industrial SURROUNDING LAND USE AND ZONING: North - Vacant and single family, Zoned "R-2" South - Vacant, Zoned "R-2" East - Vacant and single family, Zoned "R-2" West - Vacant, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The property under consideration is a nonconforming use and the proposal is to either add an additional building or expand an existing structure. Before any expansion can occur, the Ordinance requires that a rezoning action must be first approved, and to help implement the proposed plans, the owner has filed a rezoning request from "R-2" to "1-2." Land use in the Alexander Road/Vimy Road vicinity is a mix of single family, some commercial, and industrial with a majority of industrial uses found north of Alexander Road and East of Vimy Ridge Road. There are several other nonconforming uses including a commercial establishment at the northwest corner of Alexander and Vimy Ridge Roads. Zoning is either "R-2" or "1-2" with a high percentage of the "1-2" lands still vacant. Currently the "1-2" is restricted to the north of Alexander Road and east of Vimy Ridge Road with no industrial zoning intrusions -south and west of the Alexander/Vimy Ridge intersection. 2. The site is occupied by three structures which are all involved with industrial use, the manufacturing of burial vaults. The land is relatively flat and there are no unique physical features. August 23, 1988 Item No. F- Z.-5044 �C o n. t i n u.e d J_ _ .�.,, .. 3. Alexander Road is classified as a minor arterial on the current Master Street Plan, so it appears that dedication of additional right-of-way will be required. Engineering will make the final determination on the amount of dedication for Alexander Road. 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 history or neighborhood position on the site. 7. The Otter Creek District Plan identifies the southwest quadrant of the Alexander/Vimy Ridge Road intersection -as "mixed residential" which encourages a combination of single family and multifamily units at a density of 4-8 units per acre. Recommended industrial locations are consistent with the existing industrial zoning and by doing this the Plan has reinforced Alexander Road as the line separating the residential and industrial areas. There is an area south of Alexander Road that is shown for industrial use but it is east of Vimy Ridge Road. Staff's position is that the existing zoning line should be maintained and cannot offer a positive recommendation for the 111-2" reclassification. The area to the southwest of the Vimy Ridge/Alexander Road intersection is still primarily residential in terms of land use and allowing an industrial rezoning could have an adverse impact on the neighborhood. There is an ample supply of industrially zoned land in the general vicinity and there is no justification for expanding the industrial base into a new area. There are some new subdivisions under construction to the south and Staff is concerned with an uncontrolled growing industrial area and what effects it would have on the residential uses. And finally, the property is nonconforming, so the use can continue to operate at ---its- current level. STAFF RECOMMENDAT.I.ON: Staff recommends denial of the 111-2" rezoning as requested. August 23, 1988 tem No.. F -_...Z-..5.0.44 (Co.n_t...J.—nue .) PLANNING COMMISS,I,ON ACTION: (August 9, 1988) The applicant was represented by Cathy Graves. There was one objector in attendance. Gary Greeson, Planning Director, indicated that some expansion could be accomplished by a Conditional Use Permit after the proposed Zoning Ordinance amendments were approved by the Board of Directors because one amendment allows up to a twenty-five percent expansion of nonconforming uses. There was some discussion about the proposed amendment and how it would affect the property in question. Cathy Graves then spoke and submitted some information to the Commission. Ms. Graves said the business located on Alexander Road twenty --four years ago because it had to move from its previous location. She said the five acres were purchased to allow for future growth and the business currently employes twenty --three persons. She went on to say that the operation has been an on-going business and that it has not hindered residential development in the area. Ms. Graves also said the company has made a commitment to the area and will not have an impact either. She explained that the business needed additional storage, not outside, and she thought there would be problems with a one-time expansion through a Conditional use Permit a$ proposed by the Zoning Ordinance amendment. Jim Lawson of the Planning Staff discussed the Otter Creek District Plan and said the existing zoning lines were recognized on the Land Use Plan. He said that Alexander Road was a reasonable buffer because of being a minor arterial. Ms. Graves responded to some of Mr. Lawson's comments about the plan. James Johnson, a supporter of the request, discussed Alexander Road and asked several questions. Ms. Graves also made several comments about Alexander Road. There was a long discussion about the Land Use Plan and Alexander Road. J'sm Conner, representing the owners of EO acres directly to the south, spoke in opposition to the 111-2" rezoning. He said the plan was to utilize the 60 acres for a residential development and that an "1-2" reclassification would have an impact on the area. Mr. Conner described the property in question as unsightly and said that he would want a landscape buffer along the rear property line should some type of industrial zoning be granted. Ms. Graves said that some storage was occurring in the back of the property. August 23, 1988 Item No. F - Z-5044 (Continued) There was some discussion about the Otter Creek District Plan. Staff said that several options were considered when the plan was first being developed and they could take another look at the plan. Ms. Graves suggested that the industrial line could be drawn south of Alexander Road. Comments were offered by several Commissioners and some indicated a specific plan for the site would be beneficial. A motion was made to recommend approval of the "1-2" rezoning as requested. The vote was 0 ayes, 5 noes, 4 absent, and 2 abstentions (Rose Collins and John McDaniel). The item was automatically deferred to the August 23, 1988 meeting because of failing to receive six votes for approval or denial. PLANNING COMMISSION ACTION: (August 23, 1988) The applicant, John Pratt, was present along with Cathy Graves. There were two objectors in attendance. Staff reviewed its negative recommendation of the 111-2" request and suggested the proposed Condition Use Permit approach for the expansion. Cathy Graves then addressed the Commission and distributed some maps. Ms. Graves said the company located on Alexander Road in 1964 when they had to vacate their previous location. She said five acres were purchased at the time to accommodate future growth and the Jacuzzi plant was the only industrial use found in the area in 1964. Ms. Graves pointed out that a majority of industrial growth and all the new residential development has occurred since 1964. She told the Commission that the proposal was to build an additional storage structure and it would be shortsighted to use the proposed Conditional Use Permit process which would allow 25% expansion for nonconforming uses. Ms. Graves said the Staff was inconsistent and their property was being treated unfairly in the Otter Creek District Plan. She went on to describe other properties in the area and said the only objectors have been owners of undeveloped property. Ms. Graves reminded the Commission that 111-2" was directly across Alexander Road to the north and asked that a mixed use pattern be allowed on the south side of Alexander Road. Additional comments were offered by Ms. Graves and she asked why the AP&L zoning was not precedent for the area. She also questioned why the southwest quadrant of Vimy Ridge and Country Line was being treated differently. Several Commissioners discussed the property and some said improvements were needed on the site. Mention was also made August 23, 1988 Item No. F --504.4 {Co.nt i n u e d ) about utilizing a PUD for the property to allow the expansion and to have some additional review of the site. John Pratt spoke and asked questions about the future of the area. Mr. Pratt said that he was willing to work with the adjacent owners to the south and west to work out some kind of buffer. Mr. Pratt made some additional comments about the area and the property in question. Jim Conner, representing sixty acres to the south, spoke in opposition to the industrial rezoning and said Jim Limberg, owner of 114 acres to the west, was also present and opposed the request. Mr. Conner said that they had met with Mr. Pratt but were unable to reach an agreement on a buffer area. Mr. Conner described the company as being heavy industrial and said it was the only one southwest of County Line Road and Vimy Ridge Road. He also said that.Mr. Limberg did not receive a notice of the rezoning and that they were agreeable to some type of limited expansion. Mr. Conner made some additional comments about the AP&L property and said sewer lines were in place. There were some questions about the appropriate zoning and Mr. Pratt said the operation was a light industrial use. Ms. Graves also discussed the company and requested a vote on the 111-2" rezoning as filed. A motion was made to recommend approval of the "1-2" rezoning. The vote was 0 ayes, 8 noes, 1 absent, 1 abstention (John McDaniel) and 1 open position. The motion failed and the rezoning was denied.