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HomeMy WebLinkAboutZ-6932 Staff Analysis'November 9, 2000 ITEM NO.: 3 _Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z-6932 Randy and Brenda Childers/ Bennie and Mary Bennett Childers and Bennett 9802 Geyer Springs Road Rezone from R-2 to C-3 Unspecified, future development .43 acres Vacant, commercial building SURROUNDING LAND USE AND ZONING North - Undeveloped; zoned R-2 South - Undeveloped; zoned R-2 (recently approved as a church site) East - Single Family; zoned R-2 West - Undeveloped; zoned R-2 PUBLIC WORKS COMMENTS 1. Geyer Springs Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required. With Building Permit 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Driveway 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. A Grading Permit must be obtained prior to commencement of any site work. PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA Bus Route. November 9, 2000 ITEM NO.: 3 (Cont.) FILE NO.: Z-6932 'PUBLIC NOTIFICATION All owners of property located within 200 feet of the site, all residents within 300 feet and the Santa Monica, Allendale, O.U.R. and SWLR UP Neighborhood Associations were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the Geyer Springs West Planning District. The adopted Plan recommends PK/OS, Parks/Open Space for the site. This PK/OS area is not on the City's Master Parks Plan. The PK/OS designation is a result of the Cloverdale/Watson Schools Neighborhood Action Plan which was adopted in early 1997. One goal of the action plan was to create a parkway along the proposed Valley Drive extension. The PK/OS designation along the Valley Drive corridor was created to facilitate the desired "parkway" atmosphere. The requested C-3 zoning is in conflict with the adopted Land Use and neighborhood action plans. STAFF ANALYSIS The request before the C acre tract from "R-2" Si Commercial District. An is item no. 3.1 on this contains a 2,400+.square parking lot that were co being annexed into the C built as a convenience s Subsequent to the conven has housed a procession restaurant, a bar and, n vronerty was annexed int ,mmission is to rezone tnxs .4.sm ,gle Family to "C-3" General associated Land Use Plan Amendment agenda, LU00-15-02. The property foot commercial building and paved Lstructed prior to this property .ty in 1980. The structure was :ore with gas pumps in the 1970s. .ence store closing, the building )f commercial uses including a )st recently, a pawn shop. When the > the City, it was zoned R-2 and rendered nonconforming. Tne noncon=o=Lng %--a s t -d uu=� wa-- maintained by the continuous occupancy of the site by the commercial uses. The most recent commercial use, the pawn shop, closed over a year ago and the site has lost its nonconforming status since no commercial use occupied the building subsequent to the pawn shop closing. The applicant is now requesting C-3 zoning in preparation to sell the site to an unspecified commercial user. FA November 9, 2000 ITEM NO.: 3 (Cont.) FILE NO.:—Z-6932 The property is located on the west side of Geyer Springs Road, several blocks south of Baseline Road. The immediate area is characterized by several tracts of undeveloped land and a developed residential neighborhood. The properties adjacent to the north, south and west are undeveloped and zoned R-2, Single Family. An R-2 zoned Single Family residential subdivision and R-5 zoned apartment buildings are located to the east, across Geyer Springs Road. Farther to the north, extending to Baseline Road, the properties contain a variety of institutional, office and commercial uses. The Geyer Springs West Land Use Plan and the Cloverdale/Watson Schools Neighborhood Action Plan recommend PK/OS for this site. The PK/OS designation was put in place to create a "parkway" atmosphere along the proposed Valley Drive extension. An associated Land Use Plan Amendment has been filed asking that the plan be changed to commercial to facilitate this C-3 rezoning request. Staff is not supporting the requested Plan Amendment. The site was developed for a commercial use and has a nearly 30 year history of commercial occupancy. The building is not conducive to single family occupancy nor is the site likely to ever be redeveloped as single family. However, staff does not believe it is appropriate to zone the site to C-3, General Commercial. That zoning is not compatible with uses and zoning in the area nor does it conform to the adopted Land Use Plan and Neighborhood Action Plan. This may be a situation where it is appropriate to establish a Planned Development to recognize the existing development with a specific neighborhood -oriented use or list of uses. STAFF RECOMMENDATION Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2000) This item was discussed concurrently with the associated Land Use Plan Amendment, LU00-15-02. The applicant, Randy Childers, was present. There were two objectors present. A letter of opposition had been received 3 November 9, 2000 ITEM NO.: 3 (Cont.) FILE NO.: Z-6932 from Southwest Little United for Progress. The president of the Allendale Neighborhood Association had called staff to express opposition. Both SWLRUP and the Allendale Neighborhood Association had stated that they could support a Planned Development zoning to recognize the existing development. Both were opposed to the Plan Amendment. In response to concerns raised by staff and the neighborhood associations, the applicant had submitted a letter on November 8, 2000 asking that the application be amended to a PCD. In the letter, the applicant proposed to use the existing building and parking lot with the only possible change to the site being the reopening of gas pumps. The immediate use proposed for the site was a convenience store with gas pumps. The proposed hours of operation were 7:00 a.m. to 12:00 p.m., seven days a week. The applicant proposed the following specific list of uses for the site: A. Antique Shop B. Appliance Repair C. Barber and Beauty Shop D. Beverage Shop E. Cabinet and Woodwork Shop F. Clothing Store G. Day Nursery or Day Care Center H. Convenience Store with Gas Pumps I. Food Store J. Hobby Shop K. Key Shop L. Pawn Shop M. Photography Studio N. Secondhand Store O. Tool and'Equipment Rental (inside display only) In light of the amended application, staff questioned whether it was necessary to make a full presentation on the C-3 rezoning request and Land Use Plan Amendment. Staff recommended approval of the PCD and denial of a Plan Amendment. Troy Laha, of 7 Althea Circle, addressed the Commission. He stated he was opposed to C-3 zoning but supported the PCD. Mr. Laha asked the Commission to defer the item to allow the applicant an opportunity to meet within the neighborhood association. 4 November 9, 2000 ITEM NO.: 3 (Cont.) _ FILE NO.: Z-6932 Commissioner Nunnley asked Mr. Laha about the condition of the multifamily dwelling located across Geyer Springs Road. Mr. Laha responded that the units had been rehabilitated and were occupied. Janet Berry, president of SWLRUP, addressed the Commission. She stated the membership of the organization had voted to oppose C-3 zoning. Ms. Berry stated the proposed PCD was more in spirit with what the neighborhood supported. Ms. Berry referred to the list of uses proposed by the applicant and stated she was opposed to a "beverage shop." Ms. Berry made note of the nearby high school and the proposed church to be built adjacent to the site. Randy Childers briefly addressed the Commission in support of his application. Mr. Childers stated he had operated a pawn shop at the site for 14 years. He stated the site was used exclusively for commercial purposes for nearly 30 years and had recently lost its nonconforming status. In response to a question from Vice -Chair Berry, Mr. Childers stated that he would eliminate alcoholic beverage uses from the list of proposed uses. During the ensuing conversation, the commissioners agreed that it was not appropriate to change the land use plan. A motion was made to approve the plan change. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. A motion was made to approve the application as amended to a PCD, using the existing, as built survey as the site plan and including only the list of uses submitted in the applicant's November 8, 2000 letter, less any alcoholic beverage sales. That motion passed by a vote of 9 ayes, 0 noes and 2 absent. 5