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HomeMy WebLinkAboutZ-6599-A Staff AnalysisFILE NO.: Z -6599-A Owner: Highway 5/Otter Creek Investments, LLC Applicant: Dickson Flake Partners, Inc. Location: North side of Otter Creek Road, approximately 450 feet east of Stagecoach Road Area: 1.799 Acres Request: To rezone from R-2 to C-3 Purpose: Future Commercial Development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North — Southwestern Bell Utility substation; zoned R-2 South — Engineering Company (across Otter Creek Road); zoned C-3 East — Floodway; zoned R-2 West — Undeveloped property; zoned C-3 A. PUBLIC WORKS COMMENTS: 1. Otter Creek is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. FILE NO.: Z -6599-A Cont. C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Otter Creek, Crystal Valley and SWLR United for Progress Neighborhood Associations were notified of the proposed rezoning. D. LAND USE ELEMENT: This request is located in the Otter Creek Planning District. The Land Use Plan shows Community Shopping for this property. The applicant has applied for C-3 General Commercial for future commercial uses. The request does not require a change to the Land Use Plan. Ci Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Otter Creek/Crystal Valley Neighborhood Action Plan. The Commercial and Office development goal listed an action statement of limiting commercial and office development to the "heart" of the planning area which is defined as located along Stagecoach Road between Otter Creek and Baseline Roads. E. STAFF ANALYSIS: Highway 5/Otter Creek Investments, LLC, owner of the 1.799 acre tract located on the north side of Otter Creek Road (approximately 450 feet east of Stagecoach Road), is requesting to rezone the property from "R-2" Single Family District to "C-3" General Commercial District for future Commercial development. The owner has also filed a preliminary plat which includes this property and the 5.4 acres immediately to the west (northeast corner of Otter Creek and Stagecoach Roads), and a conditional use permit (car wash) for one of the lots which fronts on Stagecoach Road. These items are also on this agenda. On January 19, 1999 the Board of Directors passed Ordinance 17,915 which rezoned the 5.4 acres at the northeast corner of Otter Creek and Stagecoach Roads from R-2 to C-3. At that time, this property owner thought that the 5.4 acres was all of the property they owned which was located out of the floodway. Recent survey and topographical work done by Garver Engineers revealed that additional property immediately east of the 5.4 acres was also out of the floodway. Therefore, the property owner is requesting to rezone the additional property (1.799 acres) from R-2 to C-3. 2 FILE NO.: Z -6599-A Cont. This general area at the intersection of Otter Creek and Stagecoach Roads contains a mixture of commercial, office and residential uses. There is also undeveloped residential and commercial zoned property. There is a rather wide floodway located immediately east of this property, with a Southwestern Bell utility substation to the north. As noted earlier, 5.4 acres of undeveloped C-3 zoned property is located immediately to the west. The City's Future Land Use Plan designates this property as Community Shopping. The requested C-3 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested rezoning to C-3. Staff feels that the C-3 zoning is appropriate for this site located at the intersection of two (2) major streets. Had the property owner realized in 1999 that this property was not in the floodway, it would have been rezoned, along with the 5.4 acres to the west, at that time. Staff feels that the rezoning of this property to C-3 will have no adverse impact on the adjacent properties or this general area at the intersection of Otter Creek and Stagecoach Roads. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 zoning, subject to compliance with the Public Works Comment as noted in paragraph A. of this report. PLANNING COMMISSION ACTION: (AUGUST 7, 2003) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. 3 August 7, 2003 ITEM NO.: 2 FILE NO.: Z -6599-A Owner: Highway 5/Otter Creek Investments, LLC Applicant: Dickson Flake Partners, Inc. Location: North side of Otter Creek Road, approximately 450 feet east of Stagecoach Road Area: 1.799 Acres Request: To rezone from R-2 to C-3 Purpose: Future Commercial Development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North — Southwestern Bell Utility substation; zoned R-2 South — Engineering Company (across Otter Creek Road); zoned C-3 East — Floodway; zoned R-2 West — Undeveloped property; zoned C-3 A. PUBLIC WORKS COMMENTS: 1. Otter Creek is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA bus route. August 7, 2003 ITEM NO.: 2 Cont. FILE NO.: Z -6599-A C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents located within 300 feet who could be identified, and the Otter Creek, Crystal Valley and SWLR United for Progress Neighborhood Associations were notified of the proposed rezoning. D. LAND USE ELEMENT: This request is located in the Otter Creek Planning District. The Land Use Plan shows Community Shopping for this property. The applicant has applied for C-3 General Commercial for future commercial uses. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Otter Creek/Crystal Valley Neighborhood Action Plan. The Commercial and Office development goal listed an action statement of limiting commercial and office development to the "heart" of the planning area which is defined as located along Stagecoach Road between Otter Creek and Baseline Roads. E. STAFF ANALYS Highway 5/Otter Creek Investments, LLC, owner of the 1.799 acre tract located on the north side of Otter Creek Road (approximately 450 feet east of Stagecoach Road), is requesting to rezone the property from "R-2" Single Family District to "C-3" General Commercial District for future Commercial development. The owner has also filed a preliminary plat which includes this property and the 5.4 acres immediately to the west (northeast corner of Otter Creek and Stagecoach Roads), and a conditional use permit (car wash) for one of the lots which fronts on Stagecoach Road. These items are also on this agenda. On January 19, 1999 the Board of Directors passed Ordinance 17,915 which rezoned the 5.4 acres at the northeast corner of Otter Creek and Stagecoach Roads from R-2 to C-3. At that time, this property owner thought that the 5.4 acres was all of the property they owned which was located out of the floodway. Recent survey and topographical work done by Garver Engineers revealed that additional property immediately east of 2 August 7, 2003 ITEM NO.: 2 (Cont. FILE NO.: Z -6599-A the 5.4 acres was also out of the floodway. Therefore, the property owner is requesting to rezone the additional property (1.799 acres) from R-2 to C-3. This general area at the intersection of Otter Creek and Stagecoach Roads contains a mixture of commercial, office and residential uses. There is also undeveloped residential and commercial zoned property. There is a rather wide floodway located immediately east of this property, with a Southwestern Bell utility substation to the north. As noted earlier, 5.4 acres of undeveloped C-3 zoned property is located immediately to the west. The City's Future Land Use Plan designates this property as Community Shopping. The requested C-3 zoning does not require a change to the Land Use Plan. Staff is supportive of the requested rezoning to C-3. Staff feels that the C-3 zoning is appropriate for this site located at the intersection of two (2) major streets. Had the property owner realized in 1999 that this property was not in the floodway, it would have been rezoned, along with the 5.4 acres to the west, at that time. Staff feels that the rezoning of this property to C-3 will have no adverse impact on the adjacent properties or this general area at the intersection of Otter Creek and Stagecoach Roads. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 zoning, subject to compliance with the Public Works Comment as noted in paragraph A. of this report. PLANNING COMMISSION ACTION: (AUGUST 7, 2003) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. 3