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HomeMy WebLinkAboutZ-5120 Staff AnalysisDecember 13, 1988 Item o. 8 Z-5120 _ Owner: Applicant: Location: Request: Purpose: Size: r Good Old Days Foods, Inc. Samuel L. Davis 9225 Sibley Hole Road Rezone from "R-2" to "1-2" Industrial 12.63 acres Existing Use: Industrial and vacant SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-2" South - Vacant, zoned "R-2" East - Commercial, zoned "R-2" West - Vacant and cemetery, zoned "R-2" PLANNING CONSIDERATIONS: 1. The property is currently occupied by a nonconforming use and the proposal is to make a 46' x 60' office addition on the west side of the existing structure. Because of the site's status, and the Zoning Ordinance's prohibition against expanding a nonconforming use,• a rezoning must first be approved before the new construction can be initiated. To remove the property's nonconformity and allow the expansion, an 1113-2" to 111-2" change has been requested. (At the time of filing the application, 111-2" was selected because the use was described as warehousing and distribution. Since then, additional information has mentioned the baking of pies as the principal use of the property.) The site under consideration is located on Sibley Hole Road north of 1-30 and east of 1-430. Land use in the area includes single family, a vacant commercial building, a cemetery and a camper sales lot. All the area is zoned "R-2" including the non-residential uses and the vacant land. 2. The entire site is 12.6 acres with the existing use on the western 2.3 acres and the balance of the property undeveloped. 3. Sibley Hole Road is identified as a residential street on the Master Street Plan. a December 13, 1988 Item No. 8 Z-5_.12.0_(Cont i nued 4. Engineering reports that a right-of-way of 30 feet from the center line of Sibley Hole Road is needed because of the non-residential use. It appears that some additional dedication will be required to meet the standard. 5. There are no legal issues. 6. Staff has received one informational call about the request. There is no documented history on the site. 7. The property in question falls within the Otter Creek Planning District and the adopted land use plan identifies the general area for mixed office and commercial development. (The plan also states that PCD's are encouraged for proposed land use changes.) Staff's position is that the requested "1-2" reclassification does not conform to the plan and Staff cannot support the proposed rezoning change. There is an ample supply of industrially zoned land within the general area and the plan provides for reasonable industrial growth in the future. At this time, there is no reason to start establishing a new industrial pocket by approving the requested industrial change. Staff believes that a "C-4" rezoning is more in keeping with the plan's intent, and it is possible that "C-4" is the appropriate zoning district for the existing use. STAFF RECOMMENDATION: Staff recommends 11C-4" for the entire site and not 111-2" as requested. PLANNING COMMISSION _ACTION: (December 13, 1988) The applicant, Sam Davis, was present. There were no objectors. Mr. Davis said the company prepared frozen fruit cobblers with no baking and prebaked biscuits that involved some baking on site. He said this was a wholesale operation with no retail sales. Mr. Davis indicated that the rezoning was filed because of the owner's desire to add some office space and the zoning ordinance prohibited expanding a nonconforming use. He went on to say that the owner had no problems with "C-4" if it will permit the expansion. Mr. Davis then gave a breakdown of the space utilization with the majority being used for storage and distribution. December 13, 1988 t em N o . 8- Z-5120__..(_C9n t i n u e 5tJ� After some additional comments, Mr. Davis amended the request to 111-2" for the western 2.3 acres and "C-4" for the balance of the property. A motion was made to recommend approval of the "C-4" and 111-2" as amended. The motion passed by a vote of 8 ayes, 0 noes and 3 absent.