Loading...
HomeMy WebLinkAboutZ-6739 Staff AnalysisNovember 11, 1999 ITEM NO.: E Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z-6739 William David Green, Jr. or Mary Jayne Green William David Green, Jr. 3710 Baseline Road Rezone from R-2 to C-4 Build a new tire store 79±,acres Vacant lot SURROUNDING LAND USE AND ZONING North - Single Family; zoned R-2 South - School; zoned R-2 East - Vacant lot; zoned R-2 and Various Commercial uses; zoned C-4 and R-2 West - Auto repair; zoned R-2 and Single Family; zoned R-2 PUBLIC WORKS COMMENTS 1. Baseline Road is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 45 feet from centerline will be required. 1. Community Road is listed as a commercial street. Dedicate right-of-way to 30 feet from centerline. WITH BUILDING PERMIT 1. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 foot sidewalks with planned development. 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 1. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 1. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 1. No driveways will be allowed from Community Road. All access for business should be from Baseline Road only. I November 11, 1999 SUBDIVISION ITEM NO.: E (Cont.) PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA Bus Route. PUBLIC NOTIFICATION FILE NO.: Z-6739 All owners of property located within 200 feet of the site, all residents within 300 feet of the site and the Upper Baseline Neighborhood Association were notified of the rezoning request. At its September 14, 1999 meeting, the Association voted not to oppose the C-4 zoning request and voiced pleasure that the proposed business was coming into the neighborhood. LAND USE PLAN ELEMENT The site is located in the Geyer Springs East Planning District. The adopted Plan recommends Commercial for this property and the adjacent properties fronting onto Baseline Road, from Community Lane to Scott Hamilton. The site falls within the area covered by the Upper Baseline Neighborhood Action Plan which was endorsed by the Commission at its September 2, 1999 meeting. The Board of Directors is scheduled to act on that Plan at its November 2, 1999 meeting. The Neighborhood Action Plan did not propose any zoning or land use plan changes. The C-4 zoning request conforms to the adopted Plan. When developing the site, the applicant should be sensitive to the abutting residential properties on the north. STAFF ANALYSIS The request before the Commission is to rezone this vacant, .79± acre tract from R-2 Single Family to C-4 Open Display Commercial. Once the property is rezoned, the applicant proposes to build a new tire store on the site. The property is located within the commercial node established by the Baseline -Scott Hamilton-Hilaro Springs Roads intersection. Uses and zoning in the immediate area are varied. The R-2 zoned property immediately adjacent to the west, at the corner of Baseline and Community, is November 11, 1999 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-6739 occupied by a nonconforming auto repair business, a C-4 use. The R-2 zoned lot adjacent to the east is vacant. A paint company and an auto paint and body shop are located just beyond this vacant lot on the C-4 and R-2 zoned properties to the east. The R-2 zoned properties on the north side of Baseline Road, at the Scott Hamilton intersection, contain a variety of retail and auto related uses. Single family homes are located on the R-2 zoned properties to the north and across Community Lane to the west. An undeveloped tract of 0-3 zoned property is located at the corner of Community and Baseline. The R-2 zoned properties across Baseline Road to the south are occupied by an elementary school (which also houses the Baseline Alert Center), a single family home and a nonconforming apartment development. The Geyer Springs East District Land Use Plan recommends Commercial for this site and the other properties on the north side of Baseline Road, from Community Lane to Scott Hamilton. The C-4 request conforms to the adopted Plan and is compatible with uses and zoning in the area. The appropriate locations for the C-4 district are along heavily traveled major traffic arterials. Baseline Road is classified as a principal arterial. The site is currently vacant and, when developed, will have to conform to city code in respects to landscaping, buffering and screening. Appropriate buffers and screening will have to be incorporated into the development plan to protect the adjacent residential properties. STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning. PLANNING COMMISSION ACTION: (OCTOBER 14, 1999) The applicant was present. There was one objector present. One letter of opposition from an adjacent property owner had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of approval. In response to a question from the Commission, staff responded that a tire store would be allowed in the C-3 zoning district, with a conditional use permit. 3 November 11, 1999 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z-6739 The applicant, William Green, Jr., addressed the Commission. Mr. Green stated that he would develop the site to conform to city code and that he accepted that he could not take access to Community Road. He stated that the development would be focused to Baseline Road and that he wanted to be sensitive to the needs of his neighbors. Mr. Green stated that a tire shop was not a noisy operation and that he would keep the air compressor in the building. He stated that the business operated only during normal daytime business hours. Mr. Green stated that he was currently located further down Baseline Road and he had been in business for 13 years. Ramona Ball, of 8712 Community Road, addressed the Commission on behalf of her sister Isabella Pagnucci, who lives at 8717 Community Road. Ms. Ball stated that she was opposed only to the rezoning of the 49' X 100' portion of Mr. Green's property that fronts onto Community Road and is closest to Ms. Pagnucci's home. In response to a question from Commissioner Putnam, Bob Turner of Public Works, discussed his department's comments in the agenda. Dana Carney, of the Planning Staff, described the required buffer and landscaping for the perimeter of the site which is adjacent to Ms. Pagnucci's property. Mr. Green described his proposal to combine this lot with the property adjacent to the east for development of the hire store. Staff interjected that the zoning map showed that adjacent property to be zoned R-2 Single Family. Mr. Green stated that he had been told that the adjacent property was zoned C-4. Mr. Green also stated that he was opposed to the requirement to dedicate additional right-of- way for Baseline Road. Jim Lawson, Director of Planning and Development, suggested that the item be deferred to address the zoning of the adjacent parcel. The applicant agreed to the deferral. A motion was made to defer the item to the December 2, 1999 meeting. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. 4 November 11, 1999 SUBDIVISION ITEM NO.: E (Cont.) STAFF UPDATE: FILE NO.: Z-6739 After conducting a thorough review of the issue, staff determined that the property adjacent to the east of the subject property is indeed zoned C-4. The zoning map had been incorrectly posted. The property was zoned C-4 in 1990. It has also been determined that the required right- of-way dedication for Baseline Road is 1.63 feet. Staff informed the applicant of these issues. In response, the applicant agreed to dedicate the required right-of-way. Additionally, the applicant has dropped the 49' X 1001± portion of the tract which fronts onto Community Road and is nearest Ms. Pagnucci from the rezoning request. That portion of the tract will remain zoned R-2. Staff felt it was appropriate to bring the issue back to the Commission at the next meeting rather than waiting 6 weeks. Ms. Ball and Ms. Pagnucci have been advised of the November 11, 1999 hearing date and of the amendment to the application. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) The applicant was present. There were no objectors present. Staff had spoken with Ms. Ball who confirmed that she supported the amended application. Staff presented the amended application and a recommendation of approval. The item was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 noes, 1 absent and 1 open position. 5