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HomeMy WebLinkAboutZ-5180 Staff AnalysisAugust 8, 1989 Item No. G - Z-5180 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Reid McDaniel Lillian Stringer 1012 Autumn Road Rezone from "R-2" to "0-1" Daycare center 0.50 acres Vacant residence SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-2" South - Single family, zoned "R-2" East - Vacant, zoned "R-2" West - Vacant, zoned "R-2" STAFF ANALYSIS: The proposal is to convert a single family structure into a daycare center and, to accomplish this, the applicant is requesting a rezoning change to 110-1," Quiet Office. In addition to the residence, there is also an accessory building in the rear yard area of the lot. The site is approximately one-half acre in size and has ample yard area for the children and to provide the necessary parking. The property is situated just north of Kanis Road and south of an extension of the parkway which is currently under construction. Zoning in the general vicinity is made up of "R-2," "0-2," "0-3" and "C-3" with the site in question abutting "R-2" on three sides. Directly across Autumn Road, there is "R-2" zoning, and to the northeast, there is some "C-3" land which was rezoned by the courts through an annexation case. Land use is primarily single family residential with a high percentage of the land undeveloped. Other uses found in the area include a church, two vacant nonresidential buildings and some non -conforming uses located on Hermitage and Kanis Road. The land use pattern has experienced very little change over the years, and the majority of the zoning activity has occurred north of the parkway extension. August 8, 1989 Item No. G - Z-5180 (Continued) Several years back, the Planning Commission instructed the Staff to review the 1-430 District Plan for the area because of the pending parkway extension. This was done as the result of a rezoning request in the area and, also, the Commission felt that the adopted plan at that time had not adequately addressed the parkway extension or its potential impact. With input from some of the area's residents, Staff studied the plan and suggested some changes for the properties west of Autumn Road, north and south of the parkway. (Various options were looked at and presented to the Planning Commission for consideration.) The recommended modification showed an office area north of the parkway with a mix of single family and multi -family to the south. The plan amendment was endorsed by the Planning Commission and approved by the City Board of Directors. Because of the land use plan element which restricts office uses to an area north of the parkway and east of Autumn Road, Staff feels that it would be inappropriate to rezone the property at this time. The parkway provides a very visible boundary between the residential and nonresidential on the west side of Autumn Road, and modifying the plan's concept should not be endorsed by approving the requested office reclassification. Finally, a rezoning to 110-1" is not needed to permit the daycare center. In an "R-2" District, a daycare facility is a conditional use and obtaining a conditional use permit is the option that Staff recommends for the lot in question. ENGINEERING COMMENTS: Autumn Road is classified as a collector which has a right- of-way standard of 60 feet. The existing right-of-way is deficient, so dedication of additional right-of-way to equal 30 feet from the center line will be required. STAFF RECOMMENDATION: Denial of the "0-1" rezoning request. August 8, 1989 Item No. G Z-5180 (Continued) PLANNING COMMISSION ACTION: (May 30, 1989) Staff reported that the item needed to be deferred and was placed on the consent agenda. A motion was made to defer the issue to the July 11, 1989 meeting. The motion was approved by a vote of 9 ayes, 0 nays and 2 absent. (At the end of the hearing, Lil Stringer, the applicant, appeared and made some comments. There was some discussion about hearing the issue and the Commission decided not to hear the case because of the deferral action.) PLANNING COMMISSION ACTION: (July 11, 1989) The applicant, Lil Stringer, was present. There were no objectors. Ms. Stringer told the Commission that someone on the Staff recommended that she file for "0-1" and gave some background on the request. She said there were six or seven residences in the area and all the residents supported the rezoning request. Ms. Stringer said the "0-1" allowed more flexibility and that was why she wanted the office rezoning. Comments were made about "0-1" and a conditional use permit for a day care center. Also, there was some discussion about the Pian amendment for the 1-430 District Plan. Ms. Stringer described the area and talked about potential changes created by the parkway extension. She made some additional remarks and asked that the request be converted to a conditional use permit. A motion was made to amend the application to a conditional use permit, and waive additional filing fees and further notification. The motion was approved by a vote of 6 ayes, 0 nays and 5 absent. STAFF ANALYSIS AND RECOMMENDATION OF E CONDITIONAL USE PERMIT CONVERSION The applicant has supplied the necessary filing information as well as a site plan for a daycare center with a capacity of 25 children. The site plan contains four proposed paved parking spaces and a gravel drive that is to be paved. The staff does not foresee any land use or site plan problems. August 8, 1989 Item No.�G - Z-5180 (Continued) The applicant will, however, be required to dedicate ten feet of additional right-of-way along their frontage on Autumn Road to meet the Master Street Plan requirements (collector street standard). Finally, the staff recommends approval of the conditional use permit provided the applicant agrees to dedicate the aforementioned right-of- way. SUBDIVISION COMMITTEE REVIEW: The applicant was not present. The issue was not discussed. PLANNING COMMISSION ACTION: (August 8, 1989) The applicant was present. There were no objectors. The Commission voted 8 ayes, 0 noes and 3 absent to approve the application subject to the applicant submitting a deed dedicating the right-of-way on Autumn Road.