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HomeMy WebLinkAboutZ-5346-A Staff AnalysisMarch 9, 1993 ITEM NO.: 5 Z -5346-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Reeves Beverage Company Virginia Reeves Bean 8524 Baseline Road Rezone from R-2 to C-3 Commercial 0.5 acres Commercial (nonconforming) SSUMOUNDI_NG LAND USE AND ZONING North - Industrial, zoned I-2 South - Multifamily and Commercial, zoned R-2, C-3 and OS East - Industrial, zoned I-2 West - Commercial and Industrial, zoned R-2 STAFF ANALYSIS 8524 Baseline Road is currently a nonconforming use, and the owners would like to double the size of the existing structure. The Zoning Ordinance states that "a nonconforming use should not be extended, expanded, enlarged or increased in intensity." Therefore, the property must first be reclassified to the appropriate district, C-3 in this case, before the necessary permits can be issued. (A variance request has also been filed for the addition because of a setback encroachment.) Zoning found in the general vicinity is R-2, 0-1, C-3, C-4, I-2, OS and PID. The property in question abuts I-2 on the east and the R-2 on the west side. The zoning pattern along the north side of Baseline is primarily nonresidential and encompasses commercial and industrial classification. Land use is made up of single family, multifamily, commercial and industrial. The site of the new Wal-Mart is located on the south side of Baseline, on a portion of the existing C-3 (Z-3442). There are a number of nonconforming properties in the area, including the site directly to the west, which has several commercial and industrial uses on it. (A rezoning was filed for the land to the west, but never approved by the Board of Directors because the owners would not dedicate additional right-of-way.) March 9, 1993 ITEM NO.: 5 Z -5346-A Cont. At this time, the adopted plan for the area shows the site as a part of an open space area. All of the land that is between C-3 and I-2 is included in the open space designation. The open space was shown on the plan because of two small creeks that are on the east and west sides. Identifying the property as open space is somewhat questionable because there is no floodway and the site is not well-suited for a park/open space area. Rezoning the property to C-3 is appropriate because the proposed reclassification is consistent with the existing zoning and land use in the area. C-3 will not have adverse impact on any of the nearby properties. Because of the plan conflict, an amendment will be presented to the Board of Directors if the Planning Commission endorses the commercial rezoning. (See "Land Use Plan Element" for additional comments.) LAND USE PLAN ELEMENT As has been the case with several areas, the plan shows "creeks" for Open Space. However, in this case the "creek" is really a drainage ditch and has no floodway or floodplain. Further, there is existing development in the area designated as Open Space, and there is no need for a buffer between the uses to the east and west of the site in question. Currently, the City does have, as part of the Parks Plan, a recommendation to preserve green areas along major creeks and streams. At this time, this area is not included within the recommended green areas. Due to the minor nature of this drainage with no plan to connect or expand it, there is little to no need to require such a large open (green) area. The existing development to the east, west and north is industrial or commercial, thus no buffering is required. Without a policy to expand green areas, there is no justification to keep this area open space. ENGINEERING COMMENTS Baseline Road is classified as principal arterial, and the right-of-way standard for Baseline is 45 feet from the centerline. Dedication of additional right-of-way will be required because the existing right-of-way is deficient. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning request. F, March 9, 1993 ITEM NO.: 5 Z -5346-A (Cont.) PLANNING C MMI I N ACTION: (MARCH 9, 1993) The applicant was present. There were no objectors in attendance, and the item was placed on the Consent Agenda. As part of the Consent Agenda, the Planning Commission voted to recommend approval of the C-3 rezoning. The vote was 9 ayes, 0 nays and 2 absent. 3