Loading...
HomeMy WebLinkAboutZ-5889-B Staff AnalysisFILE NO.: Z-5889-B Owner: Yelenich Family Trust — R. J. Yelenich Trustee Applicant: R. J. Yelenich Location: 7715 Geyer Springs Road (northeast corner of Geyer Springs Road and Interstate 30) Request: Rezone from C-4, with conditions, to C-3 Purpose: New convenience store development Existing Use: Vacant commercial building SURROUNDING LAND USE AND ZONING North — Restaurants (across Young Road); zoned C-3 South — Interstate 30 right-of-way East — Mixture of residential and office uses; zoned R-2 and POD West — Convenience store (across Geyer Springs Road); zoned C-4 A. PUBLIC WORKS COMMENTS: With Building Permit: 1. Driveway onto Geyer Springs to remain closed at this high traffic volume intersection. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Routes 17 and 17A. October 3, 2002 FILE NO.: Z-5889-B (C C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, as well as the Wakefield, Windamere, Cloverdale and SWLR UP Neighborhood Associations were notified of the proposed rezoning. D. LAND USE ELEMENT: This request is located in the 65th Street East Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a downzoning from C-4 to C-3. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. City Recognized Neighborhood Action Plan: There is no city recognized neighborhood action plan that covers the applicants' property. E. STAFF ANALYSIS: On December 28, 1994, the Board of Directors passed Ordinance No. 16,824 rezoning the property located at 7715 Geyer Springs Road from R-2 to C-4. The property had been occupied by several nonconforming, C-3 commercial businesses including a convenience store and liquor store. The proposed use in 1994 was an automobile sales lot and it was necessary to zone the property to C-4 to accommodate that use. On November 1, 1994, the Planning Commission voted 7 ayes, 3 noes and 1 absent to recommend approval of the C-4 zoning. The issue was then forwarded to the Board of Directors. At the Board level, concerns were raised by neighborhood residents and some Board members about the proposed use. In response to those concerns, the applicant offered several conditions which were made part of the rezoning ordinance as an attachment. Those conditions were as follows: • A new fence to be erected around the site was to be wrought iron. • Plant materials were to be added and planted along the fence. • There was to be no access from the site to Geyer Springs Road (access was limited to Young Road). • There was to be no vehicle display in the first 20 feet of the required front yard setback. ■ Vehicle display on the site was limited to approximately 30 cars. 2 October 3, 2002 FILE NO.. Z-5889-B Cont. The conditions were met and the site was subsequently occupied by the automobile sales business. The auto sales business vacated the site, after which an auto stereo business occupied the property. On January 6, 2000, the Planning Commission denied a request by Almost Everything Car Audio to amend the previously approved conditions by removing the condition prohibiting direct access to Geyer Springs Road. The commercial building located on the property is currently vacant. The request currently before the Commission is to rezone the property from "C-4" Open Display District, with conditions, to "C-3" General Commercial District. The property is occupied by a commercial building and canopy structure which used to cover gas pumps. The property owner wishes to downzone the property for two reasons. The first reason is to eliminate the conditions as approved with the current C-4 zoning, so that the existing curb cut to Geyer Springs Road could be used as access to the site. The second reason for rezoning is to reduce the minimum required front and street side yard setbacks, so that an addition can be made to the canopy structure without the requirement for a setback (south side) variance. Staff is supportive of the rezoning request. The majority of the property north and south of this site along Geyer Springs Road is zoned C-3. The 65t" Street East District Land Use Plan recommends Commercial for this property. A downzoning from C-4 to C-3 would continue to be in conformance with the adopted land use plan. Staff believes the C-3 rezoning request is compatible with uses and zoning in the area. Although the rezoning of the property from C-4 to C-3 would eliminate the conditions of the previously approved C-4 zoning, the Public Works Department has noted that the driveway onto Geyer Springs Road is to remain closed (see paragraph A. of this report). F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 zoning. PLANNING COMMISSION ACTION: (OCTOBER 3, 2002) The applicant was present. There were no objectors present. Staff informed the Commission that the driveway issue associated with the property had been resolved. Staff noted that the Public Works Comment (paragraph A. of the agenda report) had been revised as follows: 3 October 3, 2002 FILE NO.: Z-5889-B Cont. With Building Permit: 1. Driveway on Geyer Springs to be reconfigured to right turn entrance only with a maximum width of 18'. Provide no exit signage. Improve corner curb radius at Geyer Springs and Young Road to 40'. Staff also informed the Commission that the applicant had revised the application by placing the following condition on the proposed C-3 rezoning: "The only driveway access allowed from Geyer Springs Road will be a right turn entrance only for north bound traffic. The driveway will have a maximum width of 18 feet. "No Exit" signage will be provided at this driveway location." The application, as revised by the applicant, was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 nays and 2 absent. 4 October 3, 2002 ITEM NO.: 1 FILE NO.: Z-5889-B Owner: Yelenich Family Trust — R. J. Yelenich Trustee Applicant: R. J. Yelenich Location: 7715 Geyer Springs Road (northeast corner of Geyer Springs Road and Interstate 30) Request: Rezone from CA with conditions, to C-3 Purpose: New convenience store development Existing Use: Vacant commercial building SURROUNDING LAND USE AND ZONING North — Restaurants (across Young Road); zoned C-3 South — Interstate 30 right-of-way East — Mixture of residential and office uses; zoned R-2 and POD West — Convenience store (across Geyer Springs Road); zoned C-4 A. PUBLIC WORKS COMMENTS: With Building Permit: 1. Driveway onto Geyer Springs to remain closed at this high traffic volume intersection. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Routes 17 and 17A. October 3, 2002 ITEM NO.: 1 Gont.) FILE NO.: Z-5889-B C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, as well as the Wakefield, Windamere, Cloverdale and SWLR UP Neighborhood Associations were notified of the proposed rezoning. D. LAND USE ELEMENT: This request is located in the 65t" Street East Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a downzoning from C-4 to C-3. The proposal does not have a significant impact on the Land Use Plan, which would necessitate a Plan Amendment. City Recognized Neighborhood Action Plan: There is no city recognized neighborhood action plan that covers the applicants' property. E. STAFF ANALYSIS: On December 28, 1994, the Board of Directors passed Ordinance No. 16,824 rezoning the property located at 7715 Geyer Springs Road from R-2 to C-4. The property had been occupied by several nonconforming, C-3 commercial businesses including a convenience store and liquor store. The proposed use in 1994 was an automobile sales lot and it was necessary to zone the property to C-4 to accommodate that use. On November 1, 1994, the Planning Commission voted 7 ayes, 3 noes and 1 absent to recommend approval of the C-4 zoning. The issue was then forwarded to the Board of Directors. At the Board level, concerns were raised by neighborhood residents and some Board members about the proposed use. In response to those concerns, the applicant offered several conditions which were made part of the rezoning ordinance as an attachment. Those conditions were as follows: • A new fence to be erected around the site was to be wrought iron. • Plant materials were to be added and planted along the fence. • There was to be no access from the site to Geyer Springs Road (access was limited to Young Road). • There was to be no vehicle display in the first 20 feet of the required front yard setback. • Vehicle display on the site was limited to approximately 30 cars. 4 October 3, 2002 ITEM NO.: 1 (C ILE NO.: Z-5889-B The conditions were met and the site was subsequently occupied by the automobile sales business. The auto sales business vacated the site, after which an auto stereo business occupied the property. On January 6, 2000, the Planning Commission denied a request by Almost Everything Car Audio to amend the previously approved conditions by removing the condition prohibiting direct access to Geyer Springs Road. The commercial building located on the property is currently vacant. The request currently before -the Commission is to rezone the property from "C-4" Open Display District, with conditions, to "C-3" General Commercial District. The property is occupied by a commercial building and canopy structure which used to cover gas pumps. The property owner wishes to downzone the property for two reasons. The first reason is to eliminate the conditions as approved with the current C-4 zoning, so that the existing curb cut to Geyer Springs Road could be used as access to the site. The second reason for rezoning is to reduce the minimum required front and street side yard setbacks, so that an addition can be made to the canopy structure without the requirement for a setback (south side) variance. Staff is supportive of the rezoning request. The majority of the property north and south of this site along Geyer Springs Road is zoned C-3. The 65th Street East District Land Use Plan recommends Commercial for this property. A downzoning from C-4 to C-3 would continue to be in conformance with the adopted land use plan. Staff believes the C-3 rezoning request is compatible with uses and zoning in the area. Although the rezoning of the property from C-4 to C-3 would eliminate the conditions of the previously approved C-4 zoning, the Public Works Department has noted that the driveway onto Geyer Springs Road is to remain closed (see paragraph A. of this report). F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 zoning. PLANNING COMMISSION ACTION: (OCTOBER 3, 2002) The applicant was present. There were no objectors present. Staff informed the Commission that the driveway issue associated with the property had been resolved. Staff noted that the Public Works Comment (paragraph A. of the agenda report) had been revised as follows: 3 October 3, 2002 ITEM NO.: 1 Cont.) FILE NO.: Z-5889-B With Building Permit: 1. Driveway on Geyer Springs to be reconfigured to right turn entrance only with a maximum width of 18'. Provide no exit signage. Improve corner curb radius at Geyer Springs and Young Road to 40'. Staff also informed the Commission that the applicant had revised the application by placing the following condition on the proposed C-3 rezoning: "The only driveway access allowed from Geyer Springs Road will be a right turn entrance only for north bound traffic. The driveway will have a maximum width of 18 feet. "No Exit" signage will be provided at this driveway location." The application, as revised by the applicant, was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 nays and 2 absent. 4