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HomeMy WebLinkAboutZ-6905 Staff AnalysisNovember 9, 2000 ITEM NO.: A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z-6905 Louis Nalley, Jr. Ricky Toney 4700 Confederate Blvd. Rezone from R-2 to 0-1 Develop as a mortuary .74 acre Vacant SURROUNDING LAND USE AND ZONING North - Wooded, undeveloped; zoned R-2 South - Vacant; sparsely wooded; zoned R-2 East - Wooded, undeveloped; zoned R-2 West - Single Family; zoned R-2 PUBLIC WORKS COMMENTS 1. Confederate Blvd. is listed on the Master Street Plan as a minor arterial. Dedicate right-of-way to 45 feet from centerline. With Building Permit 2. 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. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Driveways shall conform to Sec. 31-210 or Ordinance #18,031. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA Bus Route. There is a route located one block west of the site, at Gillam Park and Confederate Blvd. November 9, 2000 ITEM NO.: A (Cont. .PUBLIC NOTIFICATION All owners of property locate all residents within 300 feet Neighborhood Association were request. LAND USE PLAN ELEMENT FILE NO.: Z-6905 d within 200 feet of the site, and the Granite Mountain notified of the rezoning The site is located in the College Station/Sweet Home Planning District. The adopted Plan currently recommends PK/OS, Park/Open Space, for the site, part of a larger PK/OS area which serves as a buffer between the single family on the west and the mining on the east. A land use plan amendment has been filed, proposing Mixed Use for an area on the north side of Confederate Blvd., including this site. (See LU00-24-01) Staff is supportive of the proposed change, allowing the MX to serve as a transition between the Mining and Confederate Blvd. The larger PK/OS buffer will remain to the north, between the Mining and the single family. 0-1 is the least intensive office designation and is appropriate in close proximity to residential uses. The proposed use, a mortuary, requires a conditional use permit in 0-1. The requested 0-1, Quiet Office, zoning with the added level of review through the conditional use process meets the spirit of the MX designation. STAFF ANALYSIS The request before the Commission is to rezone this undeveloped .74± acre site from "R-2" Single Family to Quiet Office district. The property is currently heavily wooded. The applicant proposes to develop a mortuary on the site. A mortuary requires a conditional use permit in 0-1. The property is located just east of the Granite Heights Subdivision, on the north side of Confederate Blvd. The R-2 zoned properties adjacent to the north and east are undeveloped and heavily wooded. Single family homes are located on the R-2 zoned properties to the west. The R-2 zoned property across Confederate Blvd. to the south is now vacant and sparsely tree -covered. Other uses in the area on the south side of Confederate include several churches, a neighborhood grocery store and a barber shop. 3M Mining 2 November 9, 2000 ITEM NO.: A (Cont. FILE NO.: Z-6905 Company owns a large area of property extending to the north -and farther to the east. The College Station/Sweet Home District Land Use Plan currently recommends Park/Open Space for this site. The PK/OS area is to serve as a buffer between the mining company property and the single family properties to the west and across Confederate Blvd. A Land Use Plan amendment has been filed asking that this site be changed to Mixed Use. (See LU00-24-01) The application has been expanded by staff to include several changes on both the north and south sides of Confederate Blvd. O-1, Quiet Office district, is the most restrictive office zoning category. This district is appropriate for low - intensity office type uses in close proximity to residential uses. New construction should be designed to reinforce existing desirable characteristics of the neighborhood and should not be detrimental to the continued use of surrounding properties for residential purposes. The proposed use, a mortuary, requires the additional level of review through a conditional use permit. This review by the Commission will help to assure that the development is compatible with the nearby residential properties. The 0-1, Quiet Office district, zoning and the additional level of conditional use permit review meet the intent of the MX Land Use Designation. Small-scale, quiet, office -type uses can also serve as a transition between the mining property and the nearby residential properties. STAFF RECOMMENDATION Staff recommends approval of the requested 0-1 zoning. PLANNING COMMISSION ACTION: (SEPTEMBER 28, 2000) This item was discussed concurrently with the associated Land Use Plan Amendment application, LU00-24-01 (Item 2.1 on this agenda) . The applicant was present. There were 4 objectors present. Staff presented the item and a recommendation of approval. In response to a question from Commissioner Nunnley, Dana Carney of the Planning Staff discussed the various uses permitted in the 0-1 zoning district. 3 November 9, 2000 ITEM NO.: A (Cont. FILE NO.: Z-6905 Commissioner Rector asked staff to confirm that the mortuary was not an issue on this agenda. Staff responded that the two issues were the proposed Land Use Plan Amendments and the requested 0-1 rezoning; that the conditional use permit for the mortuary would have to come on a later agenda. Commissioner Faust questioned why staff was supporting 0-1 zoning when the proposed Mixed Use Land use designation requires a Planned Zoning District. Mr. Carney responded that 0-1 was the least intensive, most restrictive office zoning category and that 0-1 was appropriate in close proximity to residential uses. Mr. Carney stated that it was staff's opinion that the 0-1 zoning, with the additional level of conditional use permit review for the proposed mortuary, met the intent and spirit of the Mixed Use designation. The applicant, Ricky Toney, briefly discussed his plans for the property. He stated that he proposed a small building that would not impact nearby residential uses. A neighborhood resident, Ms. Williams, spoke in opposition to the rezoning. She stated that area residents had worked to "bring back" the neighborhood and this rezoning would hurt that effort. Commission Chair Pam Adcock asked Ms. Williams if she and the other residents would be interested in a neighborhood meeting to discuss the proposed land use and zoning changes. Ms. Williams responded that she would. Commissioner Allen asked the residents present at the meeting if they were opposed to the proposed mortuary specifically. The residents responded that they were opposed to a mortuary. A motion was made to defer the item to the November 9, 2000 meeting to allow staff to arrange a neighborhood meeting to discuss the issues. The vote was 9 ayes, 0 noes and 2 absent. STAFF UPDATE: A well attended neighborhood meeting was held at Pilgrim's Rest Church on October 9, 2000. Dana Carney, Brian Minyard 4 November 9, 2000 ITEM NO.: A (Cont.) FILE NO.: Z-6905 and Vince Hustead of Staff and the applicant, Ricky Toney, were present. The general consensus of the many neighborhood residents present seemed to be support for the Land Use Plan Amendments and rezoning to encourage new business investment in the community but, definite opposition to development of this site as a mortuary. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2000) This item was discussed concurrently with the associated Land Use Plan Amendment application, LU00-24-01. The applicant was present. There were several objectors present. Staff presented the item and updated the Commission on the October 9, 2000 neighborhood meeting. Mr. Toney addressed the Commission and briefly described his proposal to develop the site. He noted that the Planning Commission would still have to review the issue as a conditional use permit which would address many of the neighbors' concerns. Minnie Hayes, of 2115 Simpson Street, spoke in opposition to the 0-1 rezoning. She stated she was also speaking on behalf of her mother, owner of the properties at 4711-4721 Confederate Blvd. Ms. Hayes stated she was not opposed to the proposed land use plan amendment. She stated she would prefer to see the property remain residential. Ms. Hayes commented that the existing, tree -covered lot was helpful to buffer the homes in the area from the nearby mining operation. Ms. Hayes stated that there was available, undeveloped land in the area that was already properly zoned. A motion was then made to approve the land use plan amendment. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. In response to a question from Commissioner Rahman, Dana Carney, of the Planning Staff listed the uses permitted under 110-1" zoning. Mr. Carney reminded the Commission that the applicant's proposed use, a mortuary, would require a C.U.P. under "0-1" zoning. Ms. Hayes reiterated her opposition to any rezoning of the property. 5 November 9, 2000 ITEM NO.: A (Cont.) FILE NO.: Z-6905 In response to a question from Vice -Chair Berry, Mr. Carney stated that it was staff's opinion that a quiet office use was the most viable use for the property and that it would most likely never develop as single family residential. A motion was made to approve the rezoning request. The motion failed with a vote of 3 ayes, 5 noes and 3 absent. L