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HomeMy WebLinkAboutZ-6158 Staff AnalysisJune 20, 1996 ITEM NO.: 3 Z-6158 Owner: H & M Realty Applicant: Pat McGetrick Location: 13001 Kanis Road Request: Rezone from R-2 to C-3 Purpose: Unspecified future commercial development Size: 3.09± acres Existing Use: Vacant land, nonconforming businesses (towing service and marble company) and one single family residence SURROUNDING LAND USE AND ZONING North - Salvage yard, VFW Club and Single Family residences, zoned R-2 South - Vacant land, zoned R-2 East - Single Family residences, zoned R-2 and 0=1 West - Single Family homes, zoned R-2 ENGINEERING COMMENTS Gamble Road is a collector that requires 60 feet of right- of-way. Kanis Road is a minor arterial that requires 90 feet of right-of-way and a right -turn lane at Gamble Road with the appropriate right-of-way. With construction widen Kanis to 30 feet from centerline with a right -turn lane and construct a sidewalk. The driveways shall be according to ordinance and are restricted within 100 feet of intersection. Stormwater detention will be required. 1992 traffic count is 6,280 east of Bowman and 2720 at Kanis just before Cooper Orbit. LAND USE ELEMENT The site is located in the Ellis Mountain District. The adopted Plan recommends Transition Zone. There have not been any changes to justify a plan amendment to Commercial. Staff cannot at this time support a plan change. June 20, 1996 ITEM NO.. 3 Z-6158 (Cont. STAFF ANALYSIS The request before the Commission is to rezone this 3.09± acre tract from "R-2" Single Family residential to "C-3" General Commercial. The site now contains two nonconforming businesses (a towing service and a marble company) and a single family residence. Gamble Road is proposed to extend southward from Kanis Road, through this site, to access a new single family residential subdivision developing to the south. The applicant proposes to rezone the property on either side of this new intersection to C-3. No specific development is proposed at this time. The request is in conflict with the Ellis Mountain District Land Use Plan which recommends Transition Zone for properties fronting on this portion of Kanis Road. Multifamily and Office uses are more appropriate in the Transition Zone. Uses in the area are varied, ranging from Single Family homes to a private club and a large salvage yard. R-2 is the primary zoning in the area and many nonresidential uses, including the aforementioned club and salvage yard, are nonconforming. New single family homes are being developed to the south. There is undeveloped C-3 zoned property farther to the east, at the intersection of Kanis Road and Point West. Staff does not believe there is justification to amend the Plan to Commercial and, as such, cannot support the requested C-3 zoning. Staff has consistently voiced concerns about stripping out Kanis Road with commercial zoning. STAFF RECOMMENDATION Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION: (JUNE 20, 1996) Pat McGetrick was present representing the application. There were no objectors present. Staff presented the item and informed the Commission that the applicant desired to amend the application to 0-3, with site plan review. In response to the amendment offered by the applicant, staff recommended approval. Mr. McGetrick addressed the Commission and confirmed that he was amending the application to 0-3, with site plan review. He briefly discussed the extension of Gamble Road which is to bisect the property. 2 June 20, 1996 ITEM NO.: 3 Z-6158 (Cont. commissioner Adcock asked staff to explain the Transition zone designation on the Land Use Plan. Jim Lawson, Director of the Department of Neighborhoods and Planning, responded. He noted that this area along Kanis Road had developed with a variety of uses. Mr. Lawson stated that staff saw the area continuing to develop with a mixture of uses but was opposed to strip commercial zoning. He noted that staff did not see this area as a purely single family area. The question had been called and a vote was taken on the application, as amended. The vote was 8 ayes, 0 noes and 3 absent. 3