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HomeMy WebLinkAboutZ-5321 Staff AnalysisMay 8, 1990 ITEM NO. 7 - Z-5321 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Savers Incorporated/RTC J. E. Hathaway, Jr. Shackleford Road Rezone from 11R-2" to 11I-2" Wholesale warehouse 18.0 acres Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and mobile home park, zoned 11R-2" South - Single family and industrial, zoned 11R-2" and nI-2" East - Vacant, zoned "R-2" West - Vacant, zoned 11R-2" and "I-1" STAFF ANALYSIS• The request before the commission is to rezone 18 acres on Shackleford Road from 11R-2" to 11I-211. The property is situated about 600 feet north of Colonel Glenn Road and the site is vacant at this time. The land has a depth of 1,547 feet with the rear portion of it in the floodway and floodplain. Based on information provided by the City's Engineering staff, it appears that the floodway involves the east 420 feet of the site and the 100 year floodplain is the next 260 feet. (The floodway and the floodplain areas are identified on the accompanying sketch.) Should the parcel be rezoned to the industrial classification, the proposal is to develop it for a wholesale warehouse. The existing land use includes single family, a large mobile home park and industrial. The industrial uses range from manufacturing and warehousing to a salvage yard. In addition to the developed tracts, a percentage of the acreage is still vacant. There are also a number of nonconforming uses in the area. Zoning is similar to the land use pattern with "R-2" and 11I-211. The property in 1 r May 8, 1990 ITEM NO.: 7 - Z-5321 (Continued question abuts 11R-2" and 11I-2" zoning. Across Shackleford Road, the zoning is 11R-2" and 11I-1. The site under consideration is part of the I-430 Plan area and the adopted land use plan recommends the property for multifamily use; the floodway land is shown as open space. The southern property line of this parcel is the land use boundary between the multifamily area and industrial to the south. The plan shows a large industrial area extending south along Shackleford Road for approximately one mile. This sizeable industrial area is the result of several rezoning actions to "I-1" on Shackleford Road south of Colonel Glenn. After carefully reviewing the request, staff is of the opinion that an industrial reclassification is a reasonable option for some of the property. Because a high percentage of the plan's recommended industrialarea is zoned "I-111, and with an "I-1" tract directly across Shackleford, staff suggests that an "I-1" reclassification is the appropriate industrial district for the property. "I-1" is a site review plan district which requires Planning Commission approval of any development plan prior to the building permit being issued. The recommended "I-1" is only for land area outside the floodway. City policy requires the designated floodway to be zoned "O -S" and dedicated to the City. (Brodie Creek is identified as "Priority 1 Open Space" on the -Master Parks Plan.) In addition to the "O -S" for the floodway, staff is also recommending that a 75 foot buffer strip be created along the north property line and zoned "O -S". This is to protect the multifamily area shown on the plan and to provide some kind of transition from the industrial zoning to the residential area. To insure that the buffer strip is properly maintained, a fence needs to be constructed along the zoning line between the "O -S" and "I-1" before any clearing or site work occurs. Should the industrial reclassification be recommended by the Planning Commission, a plan amendment will be forwarded to the Board of Directors along with the rezoning issue. The plan amendment will shift the industrial area to the north to conform to the rezoning action. ENGINEERING COMMENTS: Shackleford Road is classified as a minor arterial which requires a right-of-way of 90 feet or 45 feet from the center line. The existing right-of-way is deficient and dedication of additional right-of-way will be needed. K May 8, 1990 ITEM NO.: 7 - Z-5321 (Continued) STAFF RECOMMENDATION: Staff recommends approval of "I-1" and not 11I-2" as requested for the land outside the floodway, except for a 75 foot area adjacent to the north property line. Both the floodway and the 75 foot strip should be rezoned to "O -S" with the floodway dedicated to the City and the 75 foot buffer fenced off prior to any clearing or site work taking place. PLANNING COMMISSION ACTION: (May 8, 1990) The applicant, Jim Hathaway, was present. There were no objectors. Jim Lawson, Planning Director, spoke first and indicated that 75 feet of buffer was excessive and suggested 40 feet as being more reasonable. Mr. -Lawson went on to discuss the area and the existing land use. He also suggested that the buffer strip needed to be fenced. Jim Hathaway addressed the Commission and said there was a conditional contract to purchase the property for an office warehouse/showroom. Mr. Hathaway then proceeded to discuss the site and said 5.7 acres were in -the floodway and he agreed with the dedication requirement. He also said 3.7 acres were in the floodplain which could be used for some development. Mr. Hathaway said a 75 foot buffer was a heavy requirement because there was mature vegetation on the site. He then offered a compromise of a 25 foot strip with a 6 foot opaque fence on the south side of the open space area. He also agreed to "I-1" and amended the request. A motion was made to accept the 25 foot buffer strip as suggested by Mr. Hathaway. The motion failed to receive a second. Jim Lawson said 40 feet for a buffer was more desirable and he was uncomfortable with the 25 feet'. Jerry Gardner, City Engineering, discussed the problems with buffers being cleared and requested that a fence be required to be installed at the time of the rezoning. Mr. Hathaway questioned the fence requirement and said he was willing to do anything reasonable. Mr. Lawson said a temporary fence was a legitimate public concern and making the fence a condition of the rezoning was appropriate. 3 May 8, 1990 SUBDIVISION ITEM NO.: 7 - Z--5321 Continued Bob Brown of the Environmental Codes Staff made some comments about the buffer ordinance and said the new code will require 26 feet of buffering. A motion was made to recommend approval of "I-1" as amended, except for the floodway which is to be zoned "O -S" and dedicated to the City; a 26 foot strip along the northern property line from the northwest corner to the floodway which is to remain as an undisturbed "R-2" buffer; and a 6 foot opaque fence is to be constructed on the interior of the 26 foot buffer at the time of the building permit. Several comments were made before the vote was taken. The vote was 8 ayes, 2 nays, 0 absent and 1 abstention (Jerilyn Nicholson). A second motion was made to recommend a plan amendment for the property from multifamily to industrial. The motion was approved by a vote of 11 ayes, 0 nays, 0 absent. 4