HomeMy WebLinkAboutZ-6748-C Staff AnalysisFebruary 8, 2001
ITEM NO.: 2 FILE NO.: Z -6748-C
Owner: Richard McCormack
Applicant: Merlin Seamon and Associates
Location: 1210-1212 Bowman Road
Request: Rezone from R-2 to C-1
Purpose: Add parking for adjacent
commercial use
Size: 0.62± acres
Existing Use: Jewelry wholesale office
SURROUNDING LAND USE AND ZONING
010 North - Drycleaners and proposed Subway Sandwich Shop;
zoned C-1
South - Small commercial strip shopping center;
zoned PCD
East - Liquor store; zoned R-2 and Single Family and
crematorium; zoned C-3
West - Mini -warehouse complex; zoned C-3
PUBLIC WORKS COMMENTS
1. Bowman Road is classified on the Master Street Plan as a
minor arterial. A dedication of right-of-way 45 feet
from centerline will be required.
2. Provide design of street conforming to "MSP" (Master
Street Plan). Construct one-half street improvement to
these streets including 5 -foot sidewalks with planned
development.
3. Driveways shall conform to Sec. 31-210 or Ordinance
18,031.
4. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
5. Stormwater detention ordinance applies to this property.
February 8, 2001
ITEM NO.: 2 (Cont.)
PUBLIC TRANSPORTATION ELEMENT
FILE NO.: Z -6748-C
The site is not located on a CATA Bus Route. The nearest
route is located at Bowman and Heritage Roads, several
blocks north of this site.
PUBLIC NOTIFICATION
All owners of property located within 200 feet of the site,
all residents within 300 feet who could be identified and
the Gibralter Heights and John Barrow Neighborhood
Associations were notified of the rezoning request.
LAND USE PLAN ELEMENT
The site is located in the Ellis Mountain Planning District.
The adopted Plan recommends Mixed Office Commercial for this
lot and the one, C-1 zoned lot adjacent to the north. The
properties abutting to the west and south are designated
Service Trades District. These abutting properties are
zoned C-3 and PCD and are occupied by uses of a higher
intensity than those permitted under the C-1 designation
proposed by this application. Staff believes this C-1,
Neighborhood Commercial, zoning request meets the intent of
the plan and is compatible with uses and zoning in the area.
No plan amendment is necessary.
The property lies in an area not currently covered by a
Neighborhood Action Plan. No action plan is proposed in the
near future.
STAFF ANALYSIS
The request before the Commission is to rezone this 0.62±
acre tract from "R-2" Single Family to "C-1" Neighborhood
Commercial. An office for a jewelry wholesale business
occupies one building. The applicant proposes to develop
additional parking on the site to serve a Subway Sandwich
Shop which is proposed to occupy a portion of the building
on the property adjacent to the north. Before this "off-
site" parking can be developed, the property must be rezoned
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February 8, 2001
ITEM NO.: 2 (Cont.)
FILE NO.:
Z -6748-C
to C-1. The parking request will then be heard by the Board
of Adjustment.
Staff is supportive of the rezoning request. The property
adjacent to the west is zoned C-3 and is occupied by a mini -
warehouse development. The PCD zoned property to the south
is occupied by a small, strip shopping center and additional
mini -warehouses. The C-1 zoned property adjacent to the
north is occupied by one building housing a dry-cleaners
drop-off and the proposed Subway Sandwich Shop. A large
area of C-3 zoned properties extends further to the north.
The R-2 and C-3 zoned properties across Bowman Road, to the
east, are occupied by a liquor store, a crematorium, two
residential structures and a large ice/roller skating rink.
The C-1 request is compatible with uses and zoning in the
area.
The ado1105- pted Land Use Plan recommends Mixed Office Commercial
for the tract. C-1, Neighborhood Commercial, is the least
intensive commercial zoning and may, in fact, be appropriate
within or adjacent to single family residential zoned areas.
No residential properties directly abut this site. The uses
permitted under C-1 are less intensive than those permitted
on the surrounding properties. Staff does not believe a
plan amendment is necessary. The site is not within an area
covered by a neighborhood action plan.
STAFF RECOMMENDATION
Staff recommends approval of the C-1 rezoning request.
PLANNING COMMISSION ACTION: (FEBRUARY 8, 2001)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
Staff informed the Commission that the applicant had failed
to follow the notification procedure outlined in the
Commission's bylaws. The applicant had obtained a list of
property owners from an abstract company but did not send
the required notice. Instead, the applicant had obtained a
signature from each of the property owners or their
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February 8, 2001
ITEM NO.: 2 (Cont.
FILE NO.: Z -6748-C
representatives on a form stating that they had no objection
to the rezoning. It was noted that the other notification
requirements had been met.
A motion was made to waive the Commission's bylaws and
to accept the notices as completed by the applicant. The
motion was approved by a vote of 9 ayes, 0 noes and
2 absent. The rezoning request was placed on the Consent
Agenda and approved by a vote of 9 ayes, 0 noes and
2 absent.
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