HomeMy WebLinkAboutZ-5550 Staff AnalysisMarch 10, 1992
ITEM NO.: 6 Z-5550
Owner: Amos and Sue Enderlin
Applicant: Amos Enderlin
Location: 14,723 Cooper Orbit Road
Request: Rezone from R-2 to I-3
Purpose: Concrete Batch Plant and
Industrial
Size: 10.85 acres
Existing Use: Contractor Storage Yard
SC]RROUNDING LAND USE AND ZONING
North - Vacant and Single -Family, zoned R-2
South - Vacant, zoned R-2
East - Vacant, zoned R-2
West - Single -Family, zoned R-2
STAFF ANALYSIS
The site at 14,723 Cooper Orbit Road is located in Area II of
the Extraterritorial Area and is zoned R-2. (The Enforcement
staff has determined that the site has I-2 nonconforming
status.) Currently, the land is being used as a contractor's
yard for storage of construction equipment and building
materials. There are also several structures on the
property. The owner plans to add at least two more buildings
and erect a concrete batch plant in the future. The zoning
ordinance prohibits the expansion of nonconforming uses and,
therefore, a reclassification is necessary prior to the
proposed construction taking place. Because of the concrete
plant, a reclassification to I-3 is necessary.
Zoning is primarily R-2 in the immediate vicinity. At the
corner of Cooper Orbit and Kanis Road, the zoning is C-1 and
MF -6, which was accomplished through the recent rezoning
effort for Area II. Land use in the area is primarily single
family. Other uses found in the neighborhood include
commercial, industrial, outside storage and "The Oasis", a
religious retreat. The high percentage of the land is still
vacant.
The adopted plan for this part of
Valley/Ellis Mountain) recommends
properties fronting Cooper Orbit
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Area II (Rock Creek
single family use for the
Road. Other land use
March 10, 1992
ITEM NO.: 6 Z-5550 (Cont.
designations identified on the plan in the immediate vicinity
are neighborhood shopping, transition zone, and open space.
The plan does not show any industrial zoning along Cooper
Orbit Road, nor does it identify any areas for industrial use
within several miles of the property.
Rezoning the acreage under consideration to I-3 would be in
total conflict with the plan, and could have an adverse
impact on the nearby single family residences. Establishing
an I-3 zoning at this location could harm the livability of
the area, create many unwanted problems, and destroy the
rural character of the environs. Recognizing the property
for long term industrial use would be a significant
transgression from the plan and should not be endorsed by
approving the requested I-3 reclassification. And finally,
the approval of the I-3 would be spot zoning, a planning
concept that the City tends to discourage as much as
possible.
ENGINEERING COMMENTS
There are none to be reported.
STAFF RECOMMENDATION
Staff recommends denial of the requested rezoning to I-3.
PLANNING COMMISSION ACTION: (MARCH 10, 1992)
The applicant, Amos Enderlin, was present. There were
approximately forty objectors in attendance. Mr. Enderlin
told the Commission that he has owned the property since
1971, and he was not notified of the Area II zoning effort.
Mr. Enderlin said that he has been using the site since 1985
for the storage of heavy equipment and construction
materials. He then discussed the proposed West 36th Street
extension and the land use plan. Mr. Enderlin said the
proposed concrete batch plant would meet all EPA
requirements. Mr. Enderlin then described the property and
said the site has 800 feet of frontage on Cooper Orbit Road.
Ned Wright, a member of The Oasis Board of Directors, spoke
in opposition to the request. Mr. Wright described the
mission of The Oasis and said the response has been
overwhelming to their services. He then talked about
improvements on The Oasis, site, including offices, a lodge
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March 10, 1992
ITEM NO.: 6 Z-5550 Cont.
and cabins. Mr. Wright said the property, a total of
41 acres, was picturesque and a I-3 rezoning would cause
problems for the area.
Karen Owings, representing the Spring Valley Property Owners
Association, submitted some photos and a petition with over
250 names opposed to the I-3 rezoning. Ms. Owings described
the surrounding uses and said the property served as an
entrance to the Spring Valley neighborhood. She then
discussed potential problems with pollution, traffic and
safety issues. Ms. Owens said the rezoning would impact
property values and she was very much against the I-3.
Jane Bristow, a resident across Cooper Road, opposed the
rezoning and described the site.
Mark Lyons spoke against the request and discussed the West
36th Street extension. Mr. Lyons said Cooper Orbit was the
property's only access.
Stephen Giles, Assistant City Attorney, responded to some
comments made about nonconforming uses.
Amos Enderlin spoke again and said that he has never been
told of a traffic problem in the area. Mr. Enderlin
discussed other properties and the West 36th Street
extension.
Jerry Gardner, City Engineering, commented on the West 36th
extension and said it would be very long-term before any
roads were constructed.
The Commission voted on the I-3 rezoning as requested. The
I-3 was denied by a vote of 0 ayes, it nays and 0 absent.
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