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HomeMy WebLinkAboutZ-5119 Staff AnalysisAugust 8, 1989 Item No. F - Z-5119 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Estate of C. E. McIntosh Max McIntosh Stagecoach Road and Brodie Lane Rezone from "R-2" to "1-2" Commercial or industrial 2.21 acres Auto repair SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-2" South - Single family, zoned "R-2" East - Single family and commercial, zoned "R-2" West - Single family and industrial, zoned "R-2" STAFF ANALYSIS: The property under consideration is located on Stagecoach Road at Brodie Lane and the request is to rezone the site from "R-2" to 111-2." The tract of land is 2.2 acres in size and has one large structure on it. At the time of the field investigation, the building appeared to be vacant but the rezoning application does list auto repair as the present use. Zoning in the general vicinity is all "R-2." Land use is a mixed pattern and includes single family, commercial, industrial and a public school. The most significant non- residential use is a block manufacturing plant that abuts the site under consideration at the northwest corner. Other uses in close proximity to the property are single family residences and a commercial building across Brodie Lane to the east. All of the commercial and industrial uses are nonconforming and some of the land is still vacant. The adopted 65th Street West District Plan shows the property and the block plant as industrial so the "1-2" request conforms to the plan. Because of the established nonresidential uses in the neighborhood, the requested "1-2" reclassification should only have a minimal impact on the area and Staff supports the rezoning. August 8, 1989 Item No. F - Z-5119 (Continued) ENGINEERING COMMENTS: Stagecoach Road is classified as a principal arterial which requires a total right-of-way of 110 feet or 55 feet from the center line. Additional dedication will be required because the survey reflects an existing right-of-way of 40 feet from the center line. The section of Brodie Lane that abuts the property is considered a commercial street which requires a 60 foot right-of-way or 30 feet from the center line. STAFF RECOMMENDATION: Staff recommends approval of the "1-2" rezoning as filed. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Jim Harris, was present. There were five objectors in attendance. Mr. Harris said he was representing the Estate of C. E. McIntosh and discussed the Staff report. He went on to present some background on the property and said that the 2.2 acres was originally occupied by a construction company and the block plant was located on the 5.25 acre tract. Mr. Harris reminded the Commission that the adopted Land Use Plan identified the land for industrial use and that was why an "1-2" request was filed. He said that the property had been leased for awhile but it was currently unoccupied and there was no specific use or a buyer. Mr. Harris said he was unaware of any opposition. Gary Woods, an objector, said the entire neighborhood was opposed to the rezoning. He discussed the area which he described as a viable residential neighborhood with some significant residential structures. Dr. Woods said the block plant was not very visible and made some additional comments. Hank Porter, a resident directly across Stagecoach Road, also objected to the rezoning. Mr. Porter said the property has been vacant since June and then described the Stagecoach Road/Brodie Lane area. Mr. Harris discussed the right-of-way dedication issue and said the proposed rezoning conforms to the adopted land use plan. He went on to say that "1-2" was appropriate because of the plan and said the existing structure was built to accommodate an industrial use. August 8, 1989 Item No. F - Z-5119 (Continued) Additional comments were offered by various individuals and there was some discussion about the plan. Commissioner John McDaniel said the area was mostly residential and there was a need to protect the Stagecoach Road frontage. There were some more comments, and then a motion was made to defer the item to the January 24, 1989 meeting. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (January 24, 1989) The applicant, Jim Harris, was present. There were eight objectors in attendance. Staff reviewed the request and presented a modified recommendation of "C-1" for the entire parcel except for a 25' x 100' strip adjacent to the west property line which would remain "R-2" single family. Mr. Harris responded to the Staff's new position and then proceeded to discuss some possible alternatives or options. He said the ideal solution would be for Gary Woods to purchase the property but he was not interested in deferring the rezoning because of Dr. Woods' proposal. There were some additional comments made about selling the site and other issues. Mr. Harris then informed the Planning Commission that the property had been leased to a parts company and described the business. He said the company sold parts and reconstructed cars but emphasized that the business was not a salvage or junkyard operation. Mr. Harris said the business will have some outside display and the tenant was aware of the fact that he must comply with all the regulations for the appropriate zoning district. There was some discussion about the use and what was permitted in either the "C-4" or "1-2" districts. Mr. Harris continued by expressing some concerns about breaking up the site with buffers and splitting the property between two zoning classifications because of its size. He suggested "C-4" for the entire tract as a possible alternative but reminded the Planning Commission that the adopted plan shows light industrial, or "1-2," for the site and Staff initially recommended "1-2." Mr. Harris concluded by saying that the owner still wanted to market the property and he made some additional comments about splitting the zoning between "C-1" and "C-4" or 111-2." Gary Woods addressed the Commission and submitted a petition with 19 names opposed to the rezoning request. Dr. Woods went on to describe an "1-2" District and said it did not August 8, 1989 Item No. F - Z-5119 (Continued) fit with the residential character of the neighborhood. He said no benefit would be gained by rezoning the site and described the existing uses. Dr. Woods said the residents were not happy with "1-2" or using a split zoning and suggested that the existing non -conforming status should be maintained. Dr. Woods also told the Commission that he had been unable to meet with Mr. Harris since the last meeting. There was additional discussion about various issues including deferring the request. Mr. Harris said he was willing to work toward a compromise and there was no time constraint. Dr. Woods concurred with Mr. Harris' comments. A motion was made to defer the issue to the April 18, 1989 meeting. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (April 18, 1989) The applicant was present. There were several interested residents in attendance. Staff reported that the applicant submitted a letter requesting that the item be deferred again and that one of the residents, Dr. Gary Woods, was in agreement with the deferral. The issue was placed on the consent agenda, but then removed from the consent agenda at the request of the residents. At the start of the hearing, a representative of the neighborhood said that residents now agreed to deferring the rezoning request. A motion was made to amend the consent agenda and add Item A (Z-5119). The motion was approved by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (July 11, 1989) The applicant, Jim Harris, was present. There were several objectors in attendance. Staff reviewed the case and recommended "C-1" for the entire site, and not 111-2" as requested. Mr. Harris spoke and described various attempts to work out a compromise with the neighborhood. He informed the Commission that the block plant had been purchased by Dr. Gary Woods. Mr. Harris discussed a possible modification of the request by rezoning the front portion to "C-1" and "1-2" for the area in the rear. Mr. Harris said the owner was concerned with 11C-1" for the entire tract because of the existing structures which were adaptable for industrial uses. Mr. Harris said the "C-1" area could be up to 25 feet from the existing building which would provide August 8, 1989 Item No. F - Z-5119 (Continued)_ _ protection for the Stagecoach frontage. There was some discussion about the existing use because of the word "salvage" on the sign and Mr. Harris said it was his understanding that the use was not salvage operation. Dr. Gary Woods then addressed the Commission and presented a petition with 14 names opposed to rezoning the property. Dr. Woods said the long-range plan should be reviewed, and he indicated that the block plant would be relocated in six to ten years and the land converted to a use more compatible with the neighborhood. He said the arguments were weak for industrial zoning and the rezoning request went against the wishes of the residents. Dr. Woods said that "C-1" was a reasonable option for the site. Mr. Harris offered some comments and said Dr. Woods' plans were only speculation at this time. He talked about the block plant and said it was a major industrial facility. Mr. Harris discussed several issues and then requested a deferral of the item. Comments were made about a "C-1" rezoning and Staff read the list of permitted uses in the "C-1" District. A motion was made to defer the item to the August 8, 1989 meeting. The motion was approved by a vote of 6 ayes, 0 nays and 5 absent. --------------- PLANNING COMMISSION ACTION: (August 8, 1989) The applicant, Jim Harris, was present and he amended the request to "C-1" except for a 25' x 100' strip ("R-2") adjacent to the west property line. There were no objectors present and the item was placed on the consent agenda. A motion was made to recommend approval of the 11C-1" rezoning as amended. The motion passed by a vote of 8 ayes, 0 nays and 3 absent.