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HomeMy WebLinkAboutZ-5068 Staff AnalysisNovember 1, 1988 Item No. B - Z-5068 Owner: Tim Dennis Applicant: Same Location: 3331 Old South Shackleford Road Request: Rezone from "R-2" to "C-4" Purpose: Storage lot for cars and repair shop Size: 0.28 acres Existing Use: Storage lot for cars SURROUNDING LAND USE ,AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Office/warehouse, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. This request is before the Planning Commission as a result of an enforcement action by the City. In January of 1987, the owner approached the City about operating a storage lot for autos on the property in question. An initial inspection was made by an enforcement officer in January 1987 and at that time nothing was being stored on the site. It was determined that the property did not have nonconforming status and there was no basis for allowing an auto storage yard. Based on the enforcement file, the property was fenced in February 1987 and after that time, the owner started storing cars. Following the normal enforcement procedure, the owner was directed to file the appropriate rezoning request or discontinue the use. After some contact with the Planning office, the 11C-4" application was filed by the owner. The property.is located on Old Shackleford Road and in an area that has a mixed land use pattern. There are a number of residential units along Old Shackleford but there are also some nonresidential uses in the general vicinity. Directly to the east there is a large office/warehouse, a nonconforming use, and there is also a wholesale warehouse operation on the existing "C-4" tract on Shackleford Road. On the west side of Old Shackleford, November 1, 1988 tem No. B - Z-5068 _(Cont_.i,nued) _.._....__........ �.... W._...�._... �.__ there is an automotive repair business, also a nonconforming use. Zoning includes "R-2," "MF -12," "C-2," "C-3," and 11C-4" with the "MF -12," 11C-2" and - 11C -311 tracts still undeveloped. 2. The site is fenced in and has several vehicles stored on it. There are no structures on the property. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Documented history on the property dates back to January 1987 when the first inspection was made by the City's Enforcement office. Staff has received one call in opposition to the request. 7. In 1987, the 1-430 District Plan was amended to show the area in question as mixed commercial and office with any land use proposals being submitted as Planned Unit Developments. This was done to have additional design control over a project and to encourage uses that would compliment the proposed Summit development. Also, PUD's would help discourage a piecemeal development/zoning pattern in the area. Staff's position is that t•he requested 11C-4" reclassification is not compatible with the plan for the area and cannot support the rezoning. Also, Old Shackleford Road is only a residential street and the Zoning Ordinance states that "appropriate locations for this district (C-4) are along heavily traveled major arterials." Allowing the "C-4" rezoning could established undesirable precedent for the area and impact future development that would be more in keeping with the Land Use Plan's concept. STAFF RECOMMENDATION: Staff recommends denial of the 11C-4" rezoning as requested. November 1, 1988 tem No B._....- Z-5068 (Continued _,„..... ..... PLANNING COMMISSION ACTION: (September 20, 1988) The applicant, Tim Dennis, was present. There were two objectors. Mr. Dennis said that he has used the property for a number of years and it was being utilized as outside storage for an auto recovery company. He went on to say that he plans to purchase additional property for an office but the site in question was only used for auto storage. Mr. Dennis mentioned the possibility of adding a small garage to repair the recovered autos and said that he did not have a Privilege License. Jim James, owner of a resident on Old Shackleford Road, spoke in opposition to the rezoning. Mr. James described other ownerships and said that the area did not need the use. He concluded by saying all other members of his family were opposed to the rezoning. Roger C. Richards, representing a property owner on the west side of Old Shackleford Road, voiced his objections to the "C-4” rezoning and said it would have an impact on the area. Mr. Dennis then addressed the Commission again and described the use. There was along discussion about the auto storage and whether "C-4" was the appropriate district. Several Commissioners indicated that a more restrictive classification could probably accommodate the use. After some additional comments, Staff suggested that the Board of Adjustment could address the use question. A motion was made to defer the item -to the November 1, 1988 meeting and to have the Board of Adjustment review the use issue at their October 17, 1988 meeting. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent, and 1 open position. PLANNING _COMMISSION .ACTION: (November 1, 1988 ) The applicant, Tim Dennis, was present. There was one interested resident in attendance. Mr. Dennis discussed a similar use on West 12th Street and said that his plans included placing a building on the site. He told the Commission that he needed to continue to operate on the property and discussed the issue at length. Mrs. Stanley Gray spoke and said she did not want another auto repair garage on the street. She went on to describe the area and said it was residential. Mrs. Gray indicated that she was not opposed to the storage of autos on the property. November 1, 1988 tern No. B - Z--6068 (Con,tWi_.nued)._.,. ...- There was a long discussion about the rezoning and the possibility of submitting the request as a PCD. Mr. Dennis then showed the Commission a conceptual pian for the property and said he would like to place a metal building on it. After some additional comments, a motion was made to defer the issue to the January 3, 1989 meeting and that it be resubmitted as a PCD. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. The Planning Commission waived any additional filing fees but not the notification requirements. Z-5068 Owner: Tim Dennis Applicant: Same Location: 3331 Old South Shackleford Road Request: Rezone from "R-2" to "C-4" Purpose: Storage lot for cars and repair shop Size: 0.28 acres Existing Use: Storage lot for cars SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Office/warehouse, Zoned "R-2" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. This request is before the Planning Commission as a result of an enforcement action by the City. In January of 1987, the owner approached the City about operating a storage lot for autos on the property in question. An initial inspection was made by an enforcement officer in January 1987 and at that time nothing was being stored on the site. It was determined that the property did not have nonconforming status and there was no basis for allowing an auto storage yard. Based on the enforcement file, the property was fenced in February 1987 and after that time, the owner started storing cars. Following the normal enforcement procedure, the owner was directed to file the appropriate rezoning request or discontinue the use. After some contact with the Planning office, the "C-4" application was filed by the owner. The property is located on Old Shackleford Road and in an area that has a mixed land use pattern. There are a number of residential units along Old Shackleford but there are also some nonresidential uses in the general vicinity. Directly to the east there is a large office/warehouse, a nonconforming use, and there is also a wholesale warehouse operation on the existing "C-4" tract on Shackleford Road. On the west side of Old Shackleford, Z-5068 (Continued) there is an automotive repair business, also a nonconforming use. Zoning includes "R-2," "MF -12," "C-2," "C-3," and 11C-4" with the "MF -12," 11C-2" and 11C-3" tracts still undeveloped. 2. The site is fenced in and has several vehicles stored on it. There are no structures on the property. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Documented history on the property dates back to January 1987 when the first inspection was made by the City's Enforcement office. Staff has received one call in opposition to the request. 7. In 1987, the 1-430 District Plan was amended to show the area in question as mixed commercial and office with any land use proposals being submitted as Planned Unit Developments. This was done to have additional design control over a project and to encourage uses that would compliment the proposed Summit development. Also, PUD's would help discourage a piecemeal development/zoning pattern in the area. Staff's position is that the requested 11C-4" reclassification is not compatible with the plan for the area and cannot support the rezoning. Also, Old Shackleford Road is only a residential street and the Zoning Ordinance states that "appropriate locations for this district (C-4) are along heavily traveled major arterials." Allowing the 11C-4" rezoning could established undesirable precedent for the area and impact future development that would be more in keeping with the Land Use Plan's concept. STAFF RECOMMENDAT, I.ON : Staff recommends denial of the 11C-4" rezoning as requested. I Z-5068 (Continued PLANNING COMMISSION ACTION: (September 20, 1988) The applicant, Tim Dennis, was present. There were two objectors. Mr. Dennis said that he has used the property for a number of years and it was being utilized as outside storage for an auto recovery company. He went on to say that he plans to purchase additional property for an office but the site in question was only used for auto storage. Mr. Dennis mentioned the possibility of adding a small garage to repair the recovered autos and said that he did not have a Privilege License. Jim James, owner of a resident on Old Shackleford Road, spoke in opposition to the rezoning. Mr. James described other ownerships and said that the area did not need the use. He concluded by saying all other members of his family were apposed to the rezoning. Roger C. Richards, representing a property owner on the west side of Old Shackleford Road, voiced his objections to the 110-4" rezoning and said it would have an impact on the area. Mr. Dennis then addressed the Commission again and described the use. There was along discussion about the auto storage and whether "C-4" was the appropriate district. Several Commissioners indicated that a more restrictive classification could probably accommodate the use. After some additional comments, Staff suggested that the Board of Adjustment could address the use question. A motion was made to defer the item to the November 1, 1988 meeting and to have the Board of Adjustment review the use issue at their October 17, 1988 meeting. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent, and 1 open position. OCTOBER 17, 1988 ItemNo . 12 - Other Matters _. __....... _ i ...... Owner: Tim Dennis Address: 3331 Old South Shackleford Road Zoned: "R-2" (a "C-4" request has been filed) Request-: To determine the appropriate zoning district for outside auto storage as the principal use STAFF REPORT: In January 1987 the owner, Tim Dennis, approached the City about operating a storage lot for autos on the property in question. Mr. Dennis operates an auto recovery company and needed a location to store vehicles. An initial inspection was made by the Enforcement staff in January 1987 and, at that time, nothing was being stored on the site. The City determined that the property did not have nonconforming status and there was no basis for allowing an auto storage yard. Based on the enforcement file, the property was fenced in February 1987, and after that the owner started storing cars. Following the normal enforcement procedure, the owner was directed to discontinue the use or file the appropriate rezoning request. After some contact with the Planning office, a 11C-4" application was filed by the owner as suggested by the Staff. The Planning Commission heard the rezoning item at their September 20, 1988 meeting and deferred the request. A deferral was approved to allow the Board of Adjustment to review the use and determine the appropriate zoning classification. This action was taken because several Commissioners indicated that they felt that a more restrictive zoning could probably accommodate the use and "C-4" was not needed. During the hearing, Mr. Dennis told the Commission that the property has been used for years and that he plans to purchase additional land for an office. He said the site in question was only being used for auto storage and his business office was at a different location. Staff's position is that the principal use of the property is outside storage of autos which is similar to an auto sales lot and requires a 11C-4" rezoning. There is no other activity taking place on the site so the existing use cannot be classified as being accessory or ancillary to another OCTOBER 17, 1988 Item No. 12 (Continued) use. (A site visit on September 30, 1988 found only two inoperable vehicles on the property.) A commercial parking lot or garage is found in the Zoning Ordinance and defined as a facility for the temporary storage of motorized or wheeled vehicles." This use is listed as a Conditional Use in the "0-2," 110-3" and "C-1" districts and permitted by right in "C-2" and "C-3." It is the Staff's opinion that Mr. Dennis' storage of autos does not fall under the definition of a commercial parking lot. (The owner was asked to provide a written description of the use and his future plans but nothing has been submitted to the Staff as of this writing.) BOARD OF ADJUSTMENT ACTION: The applicant was in attendance. No other persons were present to address this issue. Tony Bozynski, Zoning Administrator in the Office of Comprehensive Planning, instructed the Board as to the reason this item was before them. He stated the Planning Commission referred the case for a determination as to whether the use should be classified as "C-4" or whether a less intense zone could be obtained with the same intended purpose. Mr. Smith, the applicant, stated that his business is repossession of cars. On a given week, there may be a total of ten or more vehicles on the lot. Once the paperwork is completed, the vehicles are moved away from the site, but until that happens, he has to have some place to store the vehicles. He has been at this particular location doing this type of work for approximately five years or more. Presently, a room in his residence is being used as the office which is not on the site. He would like to be able to build a suitable office as well as make the site more attractive. Fencing presently surrounds the property. A Board member stated that it appears the applicant has an established nonconforming use. Mr. Bozynski stated that the nonconforming use has been established, but Mr. Smith stated that the nonconforming status would not help him because no expansion can occur and within the next few months, he has to increase his employees by at least two people. Further discussion continued regarding what uses are included in a 11C-4" zone and what other lesser intense zones did the Planning Commission have in mind. After this OCTOBER 17, 1988 Item No. 12 (Continued) particular period of discussion, a motion was made to inform the Planning Commission that the Board determined that this particular use does fall under the "C-4" zoning. The motion passed by a vote of 8 ayes, 0 noes, and 1 open position.