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HomeMy WebLinkAboutZ-6888-A Staff AnalysisE.:_2 Fehruary 8, 2001 ITEM NO.: 3 FILE NO.: Z -6888-A Owner: Pam Brown Courtney Applicant: Pam Brown Courtney Location: 1911-2109 John Barrow Road Request: Rezone from R-4, 0-1, 0-3 and OS to C-3, 0-3 and OS Purpose: Medical office development with restaurant and other commercial uses Size: 13.47 acres Existing Use: Vacant tracts and two abandoned houses SURROUNDING LAND USE AND ZONING North - Single family homes; zoned R-2 and vacant tract; zoned 0-1 South - Single family, wooded and Parkview High School; zoned R-2 East - Vacant, wooded; zoned R-4 West -,Vacant, wooded; zoned R-2 PUBLIC WORKS COMMENTS 1. John Barrow 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. With Building Permit: 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 3. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work.' 6. Stormwater detention ordinance applies to this property. 7. Easements for proposed stormwater detention facilities February 8, 2001 ITEM NO.: 3 (Cont.) FILE NO.: Z -6888-A are required. 8. Show existing topography information at maximum five- foot contour interval. 9. A Sketch Grading and Drainage Plan per Sec. 29-186(e) will be required. 10. A Grading Permit per Sec. 29-186(c) and (d) will be required. 11. Contact the ADEQ for approval prior to start of work. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA Bus Route. The nearest route is located on Kanis Road, 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 John Barrow, Brownwood Terrace, Campus Place, Twin Lakes and Twin Lakes "B" Neighborhood Associations were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the Boyle Park Planning District. The adopted Plan currently recommends SF, Single -Family and O, Office for the site., A Land Use Plan Amendment has been filed in support of the rezoning request asking that the Plan designation be changed to C, Commercial and O, Office. See item no. 3.1 on this agenda, file no. LU01-10-01. Staff does support expanding the office designation as proposed by this applicant. Staff does not support the proposed change to commercial for this area along Barrow Road. The property lies within the area covered by the John Barrow Neighborhood Area Action Plan that was adopted in May 1996. That plan is currently in the process of being reviewed by the neighborhood committee. One goal of the action plan is to encourage new businesses to locate in the area, particularly medical office development along John Barrow W, February• 8, 2001 ITEM NO.: 3 (Cont.) FILE NO.: Z -6888-A Road. Staff believes the Office Land Use Plan Amendment and Office rezoning request meet the goal of the neighborhood action plan. STAFF ANALYSIS On September 19, 2000 the 10± -acre tract located at 2109 John Barrow Road was rezoned from "R-2" Single Family to "O- 3" General Office. A 50 -foot wide "OS" Open Space buffer was zoned along the eastern perimeter and a portion of the northern perimeter where the site was adjacent to residentially zoned property. That same applicant has now acquired the 10± -acre tract located adjacent to the north, at 1911 John Barrow Road. The front portion of this new tract is zoned "0-1" Quiet Office. The remainder of the tract is zoned "R-4" two-family residential. The applicant is now asking that the bulk of the new, northern tract be rezoned to 0-3 and that the western portion of both tracts, fronting onto John Barrow Road, be rezoned to 11C-3" General Commercial. The applicant proposes to extend the 50 -foot OS strip along the eastern portion of -the northern tract and to move the existing 50 -foot OS strip from the northern perimeter of the previously rezoned tract to the northern perimeter of the new, northern tract, where it is adjacent to single family residences. The applicant envisions subdividing the 20± acres into lots, creating a medical office park. The lots fronting onto John Barrow Road would be available for development by uses such as a "sit-down" restaurant, bank or drug store. Although staff is supportive of the concept put forth by the applicant and of the majority of the rezoning proposed in support of that concept, there are concerns about the 5.17± acres proposed for C-3, General Commercial zoning. The applicant has stated that the proposed commercial zoning is a response to issues raised in the John Barrow Neighborhood Action Plan and reiterated in recent conservations with area residents. One goal noted in the action plan is "to enhance the climate directed towards encouraging new business and commercial establishments to locate in the area...." The two most often mentioned businesses needed in the neighborhood were a sit-down restaurant and a grocery store. The applicant states she 3 February 8, 2001 ITEM NO.: 3 (Cont. FILE NO.: Z -6888-A has responded to the neighborhood's desires, as noted in the action plan, and has had discussions with, if not commitments from, a sit-down restaurant, a bank and a drug store to locate on her property. Those users require the site to be zoned C-3 prior to making a commitment, according to the applicant. Staff is supportive of the 0-3 rezoning request, especially in light of the proposed extension and relocation of the 50 -foot OS buffer strip. Expanding the office zoning appears to bring to fruition the medical office park staff envisioned when supporting the previous rezoning request in mid -2000. The 50 -foot, wooded OS strip will provide an adequate buffer from the only adjacent residential properties, those to the north. The 0-3 zoning is compatible with uses and zoning in the area and meets the goals outlined in the neighborhood action plan. Staff is also supporting the associated Land Use Plan Amendment for the office rezoning. Commercial zoning along Barrow Road is clustered primarily at three locations: 36th Street, Kanis Road and Asher Avenue. These arterial intersections are appropriate locations for commercial nodes. This C-3 rezoning request is located midway between the Kanis and 36th Street nodes and is in close proximity to the Parkview High School campus and residentially zoned properties. Neither the Land Use Plan nor the neighborhood action plan recognize this site as appropriate for commercial zoning. Staff believes there are options available to the applicant, other than the requested C-3 zoning, which could accommodate the proposed uses and still protect the integrity of the Land Use and Neighborhood Action Plans. "0-211, Office and Institutional zoning and 0-3 both allow a bank as a by -right use. 0-2 allows an "eating place without drive-in service" as a conditional use. The suggested drug store is more difficult to address under office zoning but could perhaps be addressed as a specific request through a planned development. A land use plan amendment to "MOC", Mixed Office Commercial rather than "C", Commercial could accommodate such an application. None of these options address the concern voiced by the applicant that the site must be zoned C-3 to satisfy potential users but they do prevent the potential development of the site by any of 4 Februetry 8, 2001 ITEM NO.: 3 (Cont.) FILE NO.: Z -6888-A numerous C-3 uses that could negatively impact the neighborhood. The applicant, staff and three members of the City Board were present at a well -attended meeting of the neighborhood association on January 22, 2001. Staff and the applicant addressed the group and outlined their concerns and visions for the site. The general consensus of the group was support for the applicant's proposal, with concern about allowing "open-ended" C-3 zoning. There was a desire expressed by all present to work to find an equally accommodating solution. STAFF RECOMMENDATION Staff supports the proposed 0-3 and OS rezoning but does not 015- support the proposed C-3 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 8, 2001) The applicant, Pam Brown Courtney, was present. There were no objectors present. Two persons were present in support of the request. Staff presented the item and informed the Commission that the applicant had been working with the neighborhood association and had amended the application to restrict the uses permitted on the proposed C-3 zoned portion of the property. The Commission was given a letter from Ms. Courtney listing the eleven (11) uses proposed for the C-3 zoned area and a letter from the John Barrow, Campus Place, Twin Lakes, Kensington and Brownwood Terrace Neighborhood Associations voicing their support for the amended application. Staff expressed concern about the proposed C-3 zoning, stating that C-3 would be better located at nodes, not at this location. Ms. Courtney addressed the Commission in support of her application. She stated that she and the neighborhood association had arrived at an agreement on the C-3 zoning. She stated that she understood staff's concern but any 5 February 8, 2001 ITEM NO.: 3 (Cont.) FILE NO.: Z -6888-A potential developers that she had spoken with were not interested in any zoning that would not allow them to use the property without having to "Fight City Hall." Doris Wright, of the John Barrow Neighborhood Association, spoke in support of the application. She stated that Ms. Courtney's application was the answer to long years of neighborhood planning. Ms. Wright stated that their neighborhood action plan encouraged the type of development proposed by Ms. Courtney. Ms. Wright commented that Ms. Courtney had worked very closely with the neighborhood to address all concerns. Ms. Wright stated that Ms. Courtney had offered to fund the neighborhood CDC. Betty Snyder, also of the John Barrow Neighborhood Association, spoke in support of the item. She urged other developers to work with neighborhoods in the manner that Ms. Courtney had. In response to a question from the Commission, staff stated that all of the uses proposed by Ms. Courtney for the C-3 zoned portion of the site were permitted either by -right, as an accessory use or as a conditional use in the 0-1, 0-2 and 0-3 zoning districts. Commissioner Lowry asked how the issue could be resolved. Deputy City Attorney Steve Giles stated that conditional zoning was permitted by the Code; that the applicant had offered to limit the permitted uses on the C-3 zoned portion of the property; that the conditions would be made part of the rezoning Ordinance and; that the zoning and conditions would be filed of record to go with the land. Commissioner Rahman asked Ms. Wright what the neighborhood association would do if someone else came in to ask for commercial zoning in an area that did not conform to the Plan. Ms. Wright stated that the neighborhood would not support just any commercial zoning, only those that met the goals and needs outlined in the action plan. Commissioner Adcock commented that she was going to support the rezoning. She also recommended that someone "hang on to" a tape of this meeting so that people can remember the discussion around this issue. 6 00 February 8, 2001 ITEM NO.: 3 (Cont.) FILE NO.: Z -6888-A A motion was made to approve the application as amended to include the conditions offered by staff. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. In response to a follow-up question from the Commission, Mr. Giles stated that he did not see this action as violating the Land Use Plan since the restricted list of uses proposed for the C-3 zoned area included only uses permitted, in some form, in the office zoning districts. 7