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HomeMy WebLinkAboutZ-6087 Staff AnalysisJanuary 30,. 1996 ITEM N 11 Z-6087 Owner: Trammell and Company Real Estate and Insurance, Inc. Applicant: Allen Trammell Location: 6000 Myerson Drive Request: Rezone from R-2 to 0-3 Purpose: Office Size: .17± acres Existing Use: Single story, brick residential structure SURROUND NQ LAND USE .AND ZONING North - Vacant, zoned I-2 South - Vacant structure, zoned 0-3 East - various commercial uses, zoned C-3 West - Single -Family residence, zoned R-2 PUBLIC WORKS COMMENT The request for a driveway is rejected without a site plan and variances approved of Section 31-210 of the Code of Ordinances. Any drive shall conform with ordinance and would need to be 25 feet from lot line and 100 feet from right-of-way of Myerson Street. With a lot depth of 102.5 feet this appears to be an impossibility without a variance of the ordinances. Unless the drive can be accomplished the address change will not be acceptable. The current Master Street Plan standard for Geyer Springs Road is 90 feet of right-of-way and a typical 5 lane, 60 foot street section, which allows 15 feet behind the curb for a sidewalk and utilities. Currently, Geyer Springs is 48 feet wide (4 lanes). If no construction is planned, there will not be a request for widening of Geyer Springs or Myerson. However, the right-of-way is requested; 5 feet of dedication for both conformance with commercial street standards and Geyer Springs right-of-way will be needed for future widening of Geyer Springs to Master Street Plan 5 lane section. If further rezonings on Myerson occur, there may be a need to increase the width to 36 feet to accommodate a 3 lane street for left turn capability. January 30, 1996 sveDIVISIO ITEM 11 Z- 7 (Cont.) Construct a sidewalk on the Myerson frontage and construct 2 handicap ramps. Apply for a franchise for existing fence, if applicant wishes the fence to remain after dedication. LAND E ELEMENT The site is located in the 65th Street East District. The adopted Land Use Plan recommends Industrial use. The request is for Office. The location, Myerson Drive, is a single street of residential, surrounded by industrial and heavy commercial. The existing plan recommends a clearing away of the street. Since the lots are residentially platted, zoned and used, and the units remain in fairly good condition, Staff recommends that potential residential use be recognized. To this end the entry to Myerson Drive would be shown for Office with the remaining lots along Myerson designated Mixed Use. This classification encourages any nonresidential conversion to be compatible with single f ami ly . TAFF ANALYSI The request before the Commission is to rezone this=lot from °R-21, Single Family residential to 110-3" General Office. The property consists1of a small (102' X 751) lot occupied by a single story, brick residential structure. The applicant proposes to convert this structure into a small office. The property is located at the northwest corner of Geyer Springs Road and Myerson Drive. Uses and zoning in the area are varied; ranging from R-2 zoned, single family residences to a variety of C-3 zoned commercial uses and I-2 zoned, light industrial uses. The properties along Myerson Drive form a small enclave of some 18 single family residences surrounded by Industrial and Commercial uses. One of these residences, at the southwest corner of Myerson and Geyer Springs, was previously zoned 0-3 and until recently was occupied by a professional office. The 65th Street East District Land Use Plan does not recognize the existing residential use and recommends Industrial use for this area. Although Staff believes it is appropriate to consider alternative zoning for the property in question, it is felt that residential viability of the properties along Myerson should be considered. To accommodate an office use for the subject property, Staff recommends amending the Plan•to show the properties at the 2 January 30, 1996 SveDlylaigN ITEM NO.: 11 Z-6087 (Cont, entry to Myerson Drive as Office. Since the remainder of the lots along Myerson are occupied by single family homes in fairly good condition, Staff recommends amending the Plan to Mixed Use for those properties. The Mixed Use designation provides for a mixture of residential, office and commercial uses to occur. A Planned Development is recommended within this designation if the proposed use is entirely office or commercial or if the use is a mixture of the three. Although Staff does support office zoning for the subject property, there are circumstances which cause us to question the appropriateness of 0-3 zoning. The property is small (75' X 1021) and is encumbered by a 15 foot easement along the rear property line and a 25 foot building line along the front and exterior side property lines. The dedication of Master Street Plan required right-of-way will reduce both the width and depth of the lot by a further 5 feet. It appears that the possibility of developing any parking on the site to accommodate any non-residential use will be limited by the size of the lot and the location of the existing structure. The property directly adjacent to the west is occupied by a single family home that has a "carport to carport" relationship to the structure on this property. The two structures sit fairly close to each other and any level of nonresidential use on the subject site will have an effect on this neighboring property. Staff recommends that rather than 110-3" General Office, the property be zoned 110-1" Quiet Office. The 110-1" classification provides for the orderly conversion of older strictures no longer useful, serviceable or desirable in their present uses to Office use. Height, area and off- street parking regulations within this district are designed to assure that office uses will be compatible with adjacent residential districts. The applicant proposes to convert the existing residential structure into an office. The 110-1" zoning district will accommodate this proposed use. The applicant should be aware that the Bill of Assurance for Myerson Manor Addition is still in full force and effect. That Bill of Assurance prohibits the use of this property except for residential purposes. The applicant has requested a waiver of the right-of-way dedication for both Geyer Springs Road and Myerson Drive; an additional 5 feet is required on both streets to comply with the Master Street Plan. Staff recommends denial of the waiver. 3 January 30„ 1996 t:0 01 ITEM it Z - 6Q87 (Cont.) STAFF RECOMME11DATION Staff recommends denial of the requested 0-3 zoning. Staff recommends that the property be zoned 0-1 and that the 65th Street East District Land Use Plan be amended to office for the properties at the entry to Myerson Drive and Mixed Use for the remaining lots along Myerson Drive. Staff also recommends denial of the requested right-of-way dedication waiver for Geyer Springs Road and Myerson Drive. PLANNING COMMISSION ACTION: (JANUARY 30, 1996) The applicant, Allen Trammell, was present. There were no objectors present. Staff presented the item and recommended that the property be zoned 0-1 and that the 65th Street East District Land Use Plan be amended. Staff recommended denial of the requested right-of-way dedication waivers. Mr. Trammell addressed the Commission in support of his application. He stated that he would accept 0-1 zoning but that he preferred 0-3 due to the broader list of permitted uses within 0-3. Commissioner Lichty told Mr. Trammell that the Planning Commission, more and more, wanted to see how a property was proposed to be developed. He stated that getting "open zoning" on a site was becoming more difficult. He urged Mr. Trammell to take the 0-1 zoning and "run with it." Mr. Trammell noted that there was no neighborhood opposition to the 0-3 zoning request. He then stated that he desired a Geyer Spring Road address. David Scherer, of the Public Works Staff, addressed the Commission. He explained that the site could have a Geyer Springs address only if it had access to Geyer Springs Road. Dana Carney, of the Planning Staff, noted that there would have to be improvements made to the site prior to it being used for a non-residential purpose, including driveways and parking spaces. He stated that the design of those improvements would dictate whether access to Geyer Springs Road was possible and the address question would be resolved at that time. In response to a question from the Commission, David Scherer addressed the right-of-way requirements for Geyer Springs Road and Myerson Drive. He stated that the City foresaw the need for an additional traffic lane on Geyer Springs Road and the additional right-of-way would eventually be needed. 4 January 30, 1996 s BDIVISION ITEM N 11-6487 n . Commissioner Brandon asked about the staff notation that there was a Bill of Assurance conflict. Cindy Dawson, of the City Attorney's office, stated that the City was not a party to that contract and the Bill of Assurance question should not affect the Commission's vote. Mr. Carney stated that the note about the Bill of Assurance conflict was included in the staff review for the applicant's information. Mr. Trammell stated that he was aware of the conflict. Commissioner Adcock asked what effect the proposed Land Use Plan Amendment would have on the residential properties on Myerson Road. Tony Bozynski, of the Planning Staff responded that the Mixed Use designation would recognize the existing residential use where the current Industrial designation does not. In response to a question from Commissioner Adcock, David Scherer stated that it might be possible for this site to have a curb cut on the Geyer Springs Road frontage. He noted that the ordinance requires the driveway to be at least 100 feet away from the intersection, which would be difficult for this site due to the shallow depth of the property and the location of a drainage easement along the rear property line. Also, in response to a question, Mr. Scherer noted that the on-site parking requirement for the site would be determined by the use proposed for the property. commissioner Daniel suggested deferring the item since there appeared to be unresolved issues. Mr. Scherer stated that most of these issues are site development and building permit issues, unrelated to the zoning request. A vote was then taken on the proposed Land Use Plan Amendment. The amendment was approved, as recommended by staff, with a vote of 8 ayes, 1 noe and 2 absent. A vote was taken on the 0-1 rezoning, as recommended by staff. The 0-1 zoning was approved with a vote of 8 ayes, 1 noe and 2 absent. A final vote was taken on the requested right-of-way dedication waiver for Geyer Springs Road and Myerson Drive. The request was denied with a vote of 0 ayes, 9 noes and 2 absent. 5