HomeMy WebLinkAboutZ-5875-B Staff AnalysisFILE NO.: Z -5875-B
Owner: Goin Oliver Harper Trust
Applicant: Morris N. Harper
Location: 5101 "A" Street (southwest corner of "A" and Van Buren
Streets)
Area: Approximately 0. 13 acre
Request: To rezone from R-3 to C-3
Purpose: Continuance of the parking lot use, with possible future
commercial development
Existing Use: Parking lot
SURROUNDING LAND USE AND ZONING
North — Vacant single family residences (across "A" Street); zoned R-3
South — Restaurant; zoned C-3
East — Office and commercial uses (across Van Buren Street);
zoned 0-3 and C-3
West — Vacant lot and vacant single family residence; zoned C-3 and R-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located near CATA's Bus Route #5 (West Markham Route),
which runs along West Markham Street one (1) block to the south.
FILE NO.: Z -5875-B Cont.
C. PUBLIC NOTIFICATION:
All property owners within 200 feet of the site, all residents within
300 feet who could be identified, and the Hillcrest Neighborhood
Association were notified of the proposed rezoning.
D. LAND USE ELEMENT:
This request is located in the Heights/Hillcrest Planning District. The Land
Use Plan shows Office for this property. The applicant has applied for a
zoning change to C-3 General Commercial for future commercial
development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
City Recognized Neighborhood Action Plan:
The applicant's property is located in an area covered by the "The Hillcrest
Neighborhood Plan: a 'Blueprint' of Our Community." The chapter on
zoning and land use contains a goal of creating a different set of
guidelines with which to govern the development of Hillcrest. Under this
goal, is two objectives advocating the preservation of the aesthetic nature
of the neighborhood and establishing design standards consistent with the
character of the neighborhood. Two action statements listed under these
goals include revising the land use map for the neighborhood to
consolidate and eliminate certain land uses, and to discontinue the use of
commercial structures on Markham Street that do not fit the character of
the neighborhood. The plan also contains a list of supplemental issues,
which includes a land use objectives of limiting Mixed Uses to the
Kavanaugh commercial areas and to control the edge erosion of the
neighborhood caused by incompatible uses.
E. STAFF ANALYSI
The owner of the property at 5101 "A" Street is requesting a rezoning of
the property from "R-3" Single Family Residential District to "C-3" General
Commercial District. The owner plans the continued use of the property
as a parking lot for the Subway restaurant on the adjacent lot to the south,
with a possible future commercial redevelopment of these two (2) lots.
This property was approved for a parking lot by the Board of Adjustment
on July 26, 1999. The approved variance was for a detached parking lot
on property which was not zoned to allow the use served (restaurant).
The property to the west and southwest within this block is part of a
proposed PCD (hotel redevelopment) which was recently approved by the
2
FILE NO.: Z -5875-B (Cont.
Planning Commission, and is currently pending before the Board of
Directors. There are two (2) restaurant uses immediately south of this
property, with an office and commercial use across Van Buren Street to
the east. There are vacant single family structures located across "A"
Street to the north.
The City's Future Land Use Plan designates this property as office. The
applicant has filed a Land Use Plan Amendment for a change to
Commercial. The plan amendment is Item 1. on this agenda.
Staff does not support the proposed rezoning. As noted earlier, the
parking lot on this site is a permitted use as per the Board of Adjustment
approval in 1999. It is not a nonconforming use, therefore, a rezoning is
not needed for its continued use. It is staff's opinion that any future
redevelopment of this lot along with the Subway restaurant lot to the south
should be done as a Planned Zoning Development since the property is
only 44 feet wide and would very likely require several variances. Also, a
planned zoning development could take into account the transition from
the commercial uses along West Markham Street to the Single Family
uses north of "A" Street. Staff does not believe a commercial rezoning of
this property is appropriate at this time.
F. STAFF RECOMMENDATION
Staff recommends denial of the requested C-3 zoning
PLANNING COMMISSION ACTION: (APRIL 3, 2003)
Morris Harper was present, representing the application. There was one (1)
person present in opposition. Staff presented the item with a recommendation of
denial. The rezoning and land use plan amendment (LU03-04-02) were
discussed simultaneously.
Jim Metzger, of the Hillcrest Residents Association, addressed the Commission
in support of the application. He noted support of the proposed C-3 zoning in
light of other recent developments in this area. He stated that it would be unfair
to this property owner not to allow the C-3 zoning.
Morris Harper addressed the Commission in support of the application. He
described the surrounding uses in the area. He stated that it was unfair to leave
his property as the only residential zoned property in the block. He stated that
the rezoning would have no adverse impact on the single family properties to the
north in the Hillcrest Neighborhood. He noted that there had been no opposition
to the rezoning and explained. He submitted letters from other nearby
neighborhood associations in support of the rezoning.
3
FILE NO. Z -5875-B (Cont.
Ruth Bell, of the League of Women Voters, addressed the Commission in
opposition to the proposed rezoning. She stated that the rezoning would have a
negative impact on the properties to the north. She stated that a planned zoning
development would be appropriate for the redevelopment of the property and
explained.
Mr. Metzger noted that the Hillcrest Residents Association was not opposed to
the rezoning and explained. Mr. Harper explained that the parking lot would
probably be on the property for a number of years.
Commissioner Rector expressed support for the rezoning.
A motion was made to approve the requested land use plan amendment. The
motion passed by a vote of 6 ayes, 2 nays and 3 absent.
A second motion was made to approve the requested C-3 zoning. There was a
brief discussion of the motion. Staff reiterated its motion and explained. The
motion passed by a vote of 6 ayes, 2 nays and 3 absent.
rd
April 3, 2003
ITEM NO.: 1.1 FILE NO.: Z -5875-B
Owner: Goin Oliver Harper Trust
Applicant: Morris N. Harper
Location: 5101 "A" Street (southwest corner of "A" and Van Buren
Streets)
Area: Approximately 0.13 acre
Request: To rezone from R-3 to C-3
Purpose: Continuance of the parking lot use, with possible future
commercial development
Existing Use: Parking lot
SURROUNDING LAND USE AND ZONING
North — Vacant single family residences (across "A" Street); zoned R-3
South — Restaurant; zoned C-3
East — Office and commercial uses (across Van Buren Street);
zoned 0-3 and C-3
West — Vacant lot and vacant single family residence; zoned C-3 and R-3
A. PUBLIC WORKS COMMENTS:
No Comments.
B. PUBLIC TRANSPORTATION ELEMENT:
The site is located near CATA's Bus Route #5 (West Markham Route),
which runs along West Markham Street one (1) block to the south.
April 3, 2003
ITEM NO.: 1.1 Cont.
C. PUBLIC NOTIFICATION:
FILE NO.: Z -5875-B
All property owners within 200 feet of the site, all residents within
300 feet who could be identified, and the Hillcrest Neighborhood
Association were notified of the proposed rezoning.
D. LAND USE ELEMENT:
This request is located in the Heights/Hillcrest Planning District. The Land
Use Plan shows Office for this property. The applicant has applied for a
zoning change to C-3 General Commercial for future commercial
development.
A land use plan amendment for a change to Commercial is a separate
item on this agenda.
City Recognized Neighborhood Action Plan:
The applicant's property is located in an area covered by the "The
Hillcrest Neighborhood Plan: a 'Blueprint' of Our Community." The
chapter on zoning and land use contains a goal of creating a different set
of guidelines with which to govern the development of Hillcrest. Under
this goal, is two objectives advocating the preservation of the aesthetic
nature of the neighborhood and establishing design standards consistent
with the character of the neighborhood. Two action statements listed
under these goals include revising the land use map for the neighborhood
to consolidate and eliminate certain land uses, and to discontinue the use
of commercial structures on Markham Street that do not fit the character
of the neighborhood. The plan also contains a list of supplemental issues,
which includes a land use objectives of limiting Mixed Uses to the
Kavanaugh commercial areas and to control the edge erosion of the
neighborhood caused by incompatible uses.
E. STAFF ANALYSIS:
The owner of the property at 5101 "A" Street is requesting a rezoning of
the property from "R-3" Single Family Residential District to "C-3" General
Commercial District. The owner plans the continued use of the property
as a parking lot for the Subway restaurant on the adjacent lot to the south,
with a possible future commercial redevelopment of these two (2) lots.
This property was approved for a parking lot by the Board of Adjustment
on July 26, 1999. The approved variance was for a detached parking lot
on property which was not zoned to allow the use served (restaurant).
The property to the west and southwest within this block is part of a
proposed PCD (hotel redevelopment) which was recently approved by the
2
April 3, 2003
ITEM NO : 1.1 {Cont.
FILE NO.: Z -5875-B
Planning Commission, and is currently pending before the Board of
Directors. There are two (2) restaurant uses immediately south of this
property, with an office and commercial use across Van Buren Street to
the east. There are vacant single family structures located across "A"
Street to the north.
The City's Future Land Use Plan designates this property as office. The
applicant has filed a Land Use Plan Amendment for a change to
Commercial. The plan amendment is Item 1. on this agenda.
Staff does not support the proposed rezoning. As noted earlier, the
parking lot on this site is a permitted use as per the Board of Adjustment
approval in 1999. It is not a nonconforming use, therefore, a rezoning is
not needed for its continued use. It is staff's opinion that any future
redevelopment of this lot along with the Subway restaurant lot to the south
should be done as a Planned Zoning Development since the property is
only 44 feet wide and would very likely require several variances. Also, a
planned zoning development could take into account the transition from
the commercial uses along West Markham Street to the Single Family
uses north of "A" Street. Staff does not believe a commercial rezoning of
this property is appropriate at this time.
F. STAFF RECOMMENDATION:
Staff recommends denial of the requested C-3 zoning.
PLANNING COMMISSION ACTION: (APRIL 3, 2003)
Morris Harper was present, representing the application. There was one (1)
person present in opposition. Staff presented the item with a recommendation of
denial. The rezoning and land use plan amendment (LU03-04-02) were
discussed simultaneously.
Jim Metzger, of the Hillcrest Residents Association, addressed the Commission
in support of the application. He noted support of the proposed C-3 zoning in
light of other recent developments in this area. He stated that it would be unfair
to this property owner not to allow the C-3 zoning.
Morris Harper addressed the Commission in support of the application. He
described the surrounding uses in the area. He stated that it was unfair to leave
his property as the only residential zoned property in the block. He stated that
the rezoning would have no adverse impact on the single family properties to the
north in the Hillcrest Neighborhood. He noted that there had been no opposition
to the rezoning and explained. He submitted letters from other nearby
neighborhood associations in support of the rezoning.
3
April 3, 2003
ITEM NO.: 1.1 Cont.l FILE NO.: Z -5875-B
Ruth Bell, of the League of Women Voters, addressed the Commission in
opposition to the proposed rezoning. She stated that the rezoning would have a
negative impact on the properties to the north. She stated that a planned zoning
development would be appropriate for the redevelopment of the property and
explained.
Mr. Metzger noted that the Hillcrest Residents Association was not opposed to
the rezoning and explained. Mr. Harper explained that the parking lot would
probably be on the property for a number of years.
Commissioner Rector expressed support for the rezoning.
A motion was made to approve the requested land use plan amendment. The
motion passed by a vote of 6 ayes, 2 nays and 3 absent.
A second motion was made to approve the requested C-3 zoning. There was a
brief discussion of the motion. Staff reiterated its motion and explained. The
motion passed by a vote of 6 ayes, 2 nays and 3 absent.
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