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HomeMy WebLinkAboutZ-5096 Staff AnalysisApril 18, 1989 Item No. B - Z-5096 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Elgor Properties, Inc. John A. Castin Kanis Road at Cooper Orbit Road Rezone from "R-2" to "MF -18," "0-2" and "C-2" Multifamily, office and commercial 13.54 acres Vacant SURROUNDING LAND USE AND ZONING: North - Single family, Zoned "R-2" South - Vacant, Zoned "R-2" East - Vacant and single family, Zoned "R-2" West - Vacant and single family, unclassified PLANNING CONSIDERATIONS: 1. The request is to rezone 13.5 acres for a mix of office, multifamily and commercial uses. The proposed classifications and acreage are: 110-2" - 1.5 acres "C-2" - 2.3 acres "MF -18" - 9.6 acres (Both the "0-2" and "C-2" districts have site area requirements unless the land is a platted lot. 110-2" requires 2 acres and "C-2" has a 5 acre minimum.) The property is located on the south side of Kanis Road and at the point where both Cooper Orbit and Kerby Roads intersect at Kanis Road. Asbury Road along the eastern boundary of the property is just a platted street and is not open. Abutting the site on the west are the City limits which extend to the north and south of Kanis Road. "R-2" is the zoning in the area and single family residential is the predominant land use. To the east on Kanis, there is a nonconforming use, and west on Kanis there is a commercial establishment. A significant portion of the land is still undeveloped. April 18, 1989 Item No. B - Z-5096 (Continued) 2. The site is vacant and wooded. It appears that some of the property has some floodplain involvement. 3. Kanis Road is classified as a minor arterial so dedication of additional right-of-way will probably be required. 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 informational calls concerning the rezoning requests. There is no documented history on the site. 7. The land in question falls within the scope of the Upper Rock Creek District Plan area and the adopted land use plan shows the property to be in the transition zone. For a two-mile segment of Kanis Road the plan shows both sides of Kanis to be in the transition zone, from about Gamble Road to Baker School. The plan limits the uses in the transition zone to office, office warehouse, and multifamily development and requires a PUD submission for any land use proposal. Also, the plan lists specific development criteria for the transition zone which includes an office floor ration area of 0.2, a density of 10 units per acre, and building setback of 125 feet from the center line of Kanis Road. The plan also identifies the southern portion of the property to be in the floodplain and/or part of a large pond area. The proposed request does not conform to the adopted plan and Staff cannot support the rezonings. Adequate areas for commercial development are shown on the plan and no justification has been provided to establish a new commercial spot zone. The "MF -18" exceeds the density for the transition zone and without a site plan, it is unknown whether other development criteria are being followed. If a real project exists, a PUD needs to be submitted for proper review and a detailed plan should be done for the entire ownership. STAFF RECOMMENDATION: Staff recommends denial of the "MF -18," 110-2" and "C-2" rezonings as requested. April 18, 1989 Item No. B - Z-5096 (Continued) PLANNING COMMISSION ACTION: (November 1, 1988) The applicant, Jack Castin, was present. There were several objectors in attendance. Mr. Castin requested that the item be deferred until the December 13, 1988 meeting. After a brief discussion, a motion was made to defer the issue to the December 13, 1988 meeting. The motion was approved by a vote of 9 ayes, 0 noes, 1 absent and 1 abstention (Bill Rector). AMENDED STAFF RECOMMENDATION: Staff supports the applicant's request that the rezoning be deferred to January 24, 1989 in order to allow time for City staff to study the overall land use plan for the Elgor properties. PLANNING COMMISSION ACTION: (December 13, 1988) Staff informed the Commission of the applicant's request to defer the item. A motion was made to defer the rezoning to the January 24, 1989 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (January 24, 1989) Staff reported that the request needed to be deferred and all parties agreed with deferring the issue. A motion was made to defer the item to the February 7, 1989 meeting. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (February 7, 1989) The applicant, Jack Castin, was present. There were no objectors. Gary Greeson, Planning Director, discussed the request and presented a revised recommendation. He said the Staff supported the "MF -18" rezoning but not the commercial or office reclassifications. Mr. Greeson indicated that a PUD was needed for the proposed commercial and office areas. Mr. Castin then addressed the Planning Commission. He said there were no objectors or interested parties in attendance other than the Elgor property owners. Mr. Castin said he was willing to defer the item but that he was uncertain April 18, 1989 Item No. B- Z-5096 (Continued)--_ __ .__ about what needed to be resubmitted for review, a PUD or "C-2". Mr. Castin discussed several other issues including the proposed new arterial and the necessary right-of-way. There was a long discussion about "C-2" and PUD. Staff indicated that a PUD would provide more protection for the residential area and it was needed. Mr. Castin said there was not an established single family neighborhood adjacent to the property and the surrounding acreage was not sensitive. There were additional comments made about the general area. Mr. Castin offered some comments about the initial request and said the new proposal will probably change because of the road alignment. He said the location of the proposed arterial was critical to the land use pattern and the zoning configuration. A motion was then made to adopt the land use plan for the Kanis/Cooper Orbit intersection as recommended by the Staff. The Staff's plan identified ten acres for commercial use and required a PUD submittal. The vote was 3 ayes, 5 noes, 2 absent and 1 abstention (Bill Rector). The motion failed because of its failure to receive 6 votes. After some more discussion, a second motion was made to recommend adoption of the pian with 10 acres of commercial and 11C-2" zoning at the Kanis/Kerby corner. Prior to the vote, the motion was amended to delete any reference to a zoning district and acreage. The Planning Commission recommended the plan to show the Kanis/Cooper Orbit intersection as neighborhood commercial with no acreage or specific zoning district designated on the plan. The motion was approved by a vote of 6 ayes, 1 no, 2 absent and 2 abstentions (Bill Rector and Rose Collins). Jim Wilson, one of the property owners, made some comments about the land. Mr. Wilson said that Elgor has been very cooperative and the proposed plan was a combination of a number of different factors. Mr. Castin made some additional comments and asked that the request be deferred. The Planning Commission approved a deferral to the March 21, 1989 meeting. April 18, 1989 Item No. B - Z-5096 (Continued) PLANNING_COMM ISSI.ON ACTION: (March 21, 1989) The applicant, Jack Castin, was present. There were no objectors. Staff reported that the item needed to be deferred because the applicant submitted a letter amending the request to "C-4" and PCD. Mr. Castin made some brief comments and answered several questions. A motion was made to defer the issue to the April 18, 1989 meeting. The motion was approved by a vote of 9 ayes, 0 nays and 2 absent. STAFF UPDATE: The request has been amended to "C-4" for 3.15 acres and PCD for 11.9 acres (Item D on this agenda). When the application was first filed, it was for "MF -18," "0-2" and "C-2" for a total of 13.55 acres. The current request is for 15 acres and shows a development concept for office and commercial uses with no specific use identified for the proposed "C-4" tract. There are no multifamily units shown within the area of the new proposal. With the initial request, Staff only supported the "MF" rezoning and indicated that a PUD was needed for the proposed commercial and office area. Staff's position remains the same and does not support the new "C-4" reclassification but recommends the entire acreage be included in the PUD. At this time, the plan shows the area in question as part of a transition zone but the document is being reviewed for a possible plan amendment. There are several options being considered and they all recommend some type of commercial designation. It appears that the Kanis/Kerby/Cooper Orbit intersection will be identified for commercial development with the possibility of requiring a PUD. (Note: On April 4, 1989, the Board of Directors amended the Upper Rock Creek District Plan to show the Kanis/Kerby intersection as "neighborhood commercial" without requiring a PUD. For a neighborhood commercial area, "C-1" is the appropriate zoning district and not 11C-4" as requested.) April 18, 1989 Item No. B - Z-5096 (Continued) AMENDED STAFF RECOMMENDATIONS: Staff has met with the applicant to discuss the issue relating to the "C-4" and PCD rezoning requests. The applicant has indicated that the applications will be amended to call for "C-1" at the street intersection and 110-3" on the parcel immediately to the east. Also, the applicant will request that the portion of the PUD south of the "C-1" and "0-3" tracts be deferred to June 27, 1989. In connection with the "C-1" and "0-3" rezoning requests, the applicant has agreed to platting a 25 foot landscape strip along Kanis Road. Staff recommends approval of the amendments to "C-1" and 110-3" as well as the deferral of the southern portion of the PCD. The developer has worked with the Staff since October of 1988 concerning land use for the total Elgor ownership and street plans for the area. The "C-1" request is consistent with the Upper Rock Creek District Plan which designates the intersection as a neighborhood commercial node. The "0-3" request, together with the 25 foot landscape strip, is generally consistent with the Transition Zone provisions of the plan. The proposed use of the south portion of the PCD is a home center with outside storage that will be screened from view by buildings, natural tree cover or fencing. Staff supports this particular use of the properties, subject to a review of the revised PCD design. The Transition Zone guidelines allow for warehouse use. Also, the home center would have many characteristics similar to a hardware store which is allowed by right in 11C-1." The 25 foot landscape strip complies a transition zone. The provision of "C-1" area actually exceeds the plan provision of a landscape strip along extension is not necessarily due to roadway is no longer contemplated as facility. with the guidelines for a 25 foot strip in the guidelines. The the 36th Street the fact that the a parkway type Since the amendments are to more restricted classifications, the Commission may waive by majority vote of the Commission members present any further notices or filing fees. Staff recommends that these be waived. April 18, 1989 Item No. B - Z-5096 (Continued)_ PLANNING COMMISSION ACTION: (April 18, 1989) The applicant, Jack Castin, was present. There were no objectors. Staff briefed the Commission on the status of the request and the item was placed on the consent agenda as amended by the applicant. A motion was made to recommend approval of "0-3" and "C-1" as amended. The motion passed by a vote of 8 ayes, 0 nays, and 3 absent. April 18, 1989 "B" and "D" APPLICATIONS: R-2 to C-4 and PCD by John A. Castin on behalf of Elgor Properties, Inc. LOCATION: Kanis Road at Cooper Orbit Road ENDED STAFF RECOMMENDATIQ Staff has met with the applicant to discuss issues relating to the C-4 and PCD zoning requests. The applicant has indicated that the applications will be amended to call for C-1 at the street intersection and 0-3 on the parcel immediately to the east. Also, the applicant will request that the portion of the PUD south of the C-1 and 0-3 tracts be deferred to June 27, 1989. In connection with the C-1 and 0-3 rezoning requests, the applicant has agreed to platting a 25 ft. landscape strip along Kanis Road. Staff recommends approval of the amendments to C-1 and 0-3, as well as the deferral of the south portion of the PCD. The developer has worked with staff since November, 1988 concerning land use for the total Elgor ownership and street plans for the area. The C-1 request is consistent with the Upper Rock Creek District Plan which designates the intersection as a neighborhood commercial node. The 0-3 request, together with the 25 ft. landscape strip, is generally consistent with the Transition Zone provisions of the Plan. The proposed use of the south portion of the PCD is a home center with outside storage that will be screened from view by buildings, natural tree cover, or fencing. Staff supports this particular use of the property, subject to review of the revised PCD design. The Transition Zone guidelines allow for office warehouse use. Also, the home center would have many characteristics similar to a hardware store which is allowed by right in C-1. The 25 ft. landscape strip complies with the guidelines for the Transition Zone. The provision of a 25 ft. strip in the C-1 area actually exceeds the Plan guidelines. The provision of a landscape strip along the 36th Street extension is not necessary due to the fact that the roadway is no longer contemplated as a parkway -type facility. Since the amendments are to more restrictive classifica- tions, the Commission may waive, by majority vote of Commission members present, any further notices or filing fees. Staff recommends that these be waived.