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HomeMy WebLinkAboutZ-6016 Staff AnalysisJanuary 30, 1996 ITEM NO.: I Z-6016 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Richard Day (Trust) Richard F. Day, Jr. 4411 Baseline Road Rezone from R-2 to C-3 Sell 1.34 acres Single -Family Residence and Vacant :SURROUNDING LAND USE AND ZONING North - Single -Family residential and various nonconforming commercial uses, zoned R-2 South - Single -Family residential, zoned R-2 East - Single -Family residential, zoned R-2 West - Nonconforming convenience store with gas pumps, zoned R-2 ENGINEERING COMMENT I Adjacent rights -of -way are in compliance with Master Street Plan. With construction the applicant will be required to improve Reck Road to collector street standards with sidewalk, curb and gutter, and pavement widening. Stormwater detention analysis will be required due to parcel size being larger than 1 acre and other provisions of the ordinances will be reviewed at the time of building permit. Contact AHTD for approval of any construction in the right- of-way of Baseline Road. LAND USE ELEMENT The site is located in the Geyer Springs District. The adopted Land Use Plan recommends Mixed Residential. The request is in conflict with the Plan and staff cannot recommend changing the plan at this time. TAFF ANALY I The request before the Commission is to rezone this 1.34 acre tract from R-2 to C-3. The tract is comprised of January 30, 1996 ITEM NO_: I Z-6016 (Cont.) - portions of two lots of Rinke Garden Acres and is located near the southeast corner of Baseline Road and Reck Road. one single family residence occupies a portion of the site and the remainder is vacant. There are no immediate plans for the property other than trying to sell it to a commercial user. Although there are many non-residential uses in the immediate vicinity, they were in place prior to this area being annexed into the City and the majority are zoned R-2. Along the south side of Baseline Road, the Land Use Plan recommends commercial for properties to the west of Reck Road and mixed residential for properties east of Reck Road. The requested C-3 zoning is in conflict with the adopted Land use Plan. Staff believes there has been no change in circumstances to warrant a change in the Plan and, as such, cannot support the requested rezoning. STAFF RECOMMENDATION Staff recommends denial of the C-3 rezoning request. PLANNING COMMISSION ACTION: (AUGUST 22, 1995) The applicant was not present. There were three persons present with concerns related to the proposed zoning. Staff presented the item and a recommendation of denial. Donna Dillahunty, of 10716 Platte Valley Drive, addressed the Commission. She stated that she owns property on Bruno Road which abuts the property in question. Ms. Dillahunty stated that she did not receive the notice of public hearing 15 days prior to the meeting. She stated that she understood Mr. Day seeking commercial zoning for his property but that she was opposed to zoning the 50 foot wide strip which extends to Reck Road and which abuts her property. Ms. Dillahunty questioned why the Land Use Plan recommends mixed residential for property east of Reck Road when there are many commercial uses already in place. She concluded by asking that the item be deferred. A discussion then took place concerning making the public notification more visible and not "hidden" in the legal section of the newspaper. In response to a question, Dana Carney of the Planning Staff, confirmed that the notice of public hearing had been mailed 14 days prior to the meeting; not 15 days as required by the Commission's Bylaws. 2 January 30, 1996 W11-WRIAMsti ITEM z - 1 n Verla Berkau, of 5300 Rinke Road, addressed the Commission. She stated that she wanted property she owns on Baseline Road considered for commercial zoning if Mr. Day's application was approved. It was noted that the applicant was not present. After a brief discussion, a motion was made to defer the item to the October 31, 1995 Planning Commission meeting. The motion was approved by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. PLANNING OMMI ION ACTT (OCTOBER 31, 1995) The applicant, Richard Day, was present. There was one objector present. Staff presented the item and a recommendation of denial of the rezoning request. It was noted that the C-3 request was in conflict with the adopted Land Use Plan, which recommended Mixed Residential for the site. Mr. Day addressed the Commission. He stated that the location of the site made it no longer suitable for residential use. Mr. Day stated that he had the home on the property rented currently but wanted to rezone it and then sell the property. In response to a question, Mr. Day briefly discussed the relationship of his property to the adjacent convenience store. i Chairman Walker and Commissioner Putnam each suggested that Mr. Day approach the Commission with a specific development rather than an Open C-3,zoning request. After a further brief discussion of his options, Mr. Day agreed to defer the application. Mr. Doyle Dillahunty, owner of property directly south of Mr. Day's, addressed the Commission. He stated that he did not oppose the rezoning of that portion of Mr. Day's property which was adjacent to Baseline Road but that he did want a buffer along the southern perimeter. The item was presented for deferral to the December 12, 1995 Commission meeting. The deferral was approved by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSIQN_AgTIQ (DECEMBER 12, 1995) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant 3 Januaryy 3 0 , , 1996 SQHDIVIZIQN ITEM NO.: I Z-6016 ant had requested a deferral to the January 30, 1996 Commission meeting due to an illness in the family. The item was placed on the Consent Agenda and approved for deferral to the January 30, 1996 Commission meeting by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JAWARY 30, 1996) The applicant was not present. There were no objectors present. The Commission was informed that the applicant had contacted Staff on January 29, 1996 and requested that the rezoning request be withdrawn. A motion was made to waive the Bylaws and to accept the request for withdrawal less than 5 working days prior to the public hearing. The motion was approved by a vote of -9 ayes, 0 noes and 2 absent. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 9 ayes, 0 noes and 2 absent. 4