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HomeMy WebLinkAboutZ-7160 Staff AnalysisFILE NO.: Z-7160 Owner: Applicant: Location: Area: Request: Purpose: William L. Huffstutlar Jim Hill, Putnam Realty, Inc. #1 Voorhees Drive 4.08 acres Rezone from R-2 to C-4 Continuance of nonconforming truck repair business Existing Use: Vacant commercial buildings and undeveloped SURROUNDING LAND USE AND ZONING North — Mobile home park and undeveloped property; zoned R-2 South — Mobile home park, single family residences and day care center; zoned R-2 East — Single family residences, undeveloped property and nonconforming commercial uses; zoned R-2 West — Undeveloped property, nonconforming commercial uses and single family residences; zoned R.-2 A. PUBLIC WORKS COMMENTS: 1. Voorhees Drive is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. With Building Permit: 2. Future improvements will require one-half street improvements per Master Street Plan. FILE NO.: Z-7160 (Cont. B. PUBLIC TRANSPORTATION ELEMENT: The site is located near CATA Bus Route #15 (Stanton Road). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline, Windamere, Wakefield and SWLR UP Neighborhood Associations were notified of the proposed rezoning. Staff received a phone call from Pat Gee of the Upper Baseline Neighborhood Association, expressing opposition to the proposed C-4 rezoning. D. LAND USE ELEMENT: Piannina Division: This request is located in the Geyer Springs -East Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a zone change from R-2 Single Family to C-4 Open Display Commercial. The applicant wishes to rezone an existing nonconforming truck repair business with C-4 uses. A land use plan amendment for a change to Commercial is a separate item on this agenda. Citv Recoanized Neiqhborhood Action Plan: The applicant's property lies in the area covered by the Upper Baseline Neighborhood Action Plan. The Neighborhood and Housing Revitalization goal contained an action statement of encouraging Low Density Residential development in the area. The Economic Development' goal contained an objective of retaining existing businesses, and when necessary, finding new businesses to replace those that close. E. STAFF ANALYSIS: The request before the Commission is to rezone this 4.08 acre tract from "R-2" Single Family District to "C-4" Open Display District. The south portion (2.87 acres) of the property is occupied by two (2) commercial buildings which appear to be vacant. The buildings previously housed a truck repair business. The north 1.21 acres is undeveloped and wooded. The property is accessed from the end of Voorhees Drive, which runs east from Stanton Road. The applicant proposes to rezone the property in order to legitimize the previous truck repair business so that the property can be sold. A land use plan amendment has also been filed for this property (Item 3 on this agenda). 2 FILE NO.: Z-7160 (Cont. The property is in an area along Stanton Road which contains a mixture of uses, most of which are nonconforming. All of the surrounding properties are zoned R-2, Single Family Residential. There are nonconforming commercial and industrial type uses along Stanton Road and to the east of this property. There are also day care/school uses and a number of mobile home parks in the general area. Staff does not support the requested rezoning. The Geyer Springs -East District Land Use Plan recommends Low Density Residential for this property, as well as all of the surrounding properties. Staff does not believe that the requested C-4 zoning would be compatible with the uses and zoning in the area, nor conform to the adopted Neighborhood Action Plan, especially in light of the fact that a portion of the property the applicant is proposing to rezone is undeveloped. Staff does not believe it would be appropriate to place 4.08 acres of C-4 zoning at this location, in. the middle of a R-2 zoned area which contains a number of single family structures. The rezoning of this property to C-4 could hinder the possibility of a future residential revitalization for the area. When the applicant initially met with staff to discuss the possibility of rezoning this property, staff suggested a rezoning to PD -C just for the developed portion of the property (south side of Voorhees Drive). This type of rezoning would legitimize the existing nonconforming use of the portion of the property which is developed, without leaving the remainder of the property open for additional commercial development. This would allow the existing commercial buildings to be reconstructed if they were ever damaged beyond 50 percent of the current replacement value. This type of zoning action has been used in the past, without Land Use Plan Amendments, to recognize and legitimize nonconforming uses. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-4 zoning. PLANNING COMMISSION ACTION: (APRIL 11, 2002) Staff informed the Commission that the applicant had requested that the application be deferred (via a phone call to staff on this date) to the May 23, 2002 agenda. Staff supported the deferral request. With a vote of 9 ayes, 1 nay and 1 absent, the Commission voted to waive the bylaws and accept the applicant's request for deferral, being less than five (5) working days prior to the public hearing. 3 FILE NO.: Z-7160 (Cont. The Chairman placed this item before the Commission for inclusion within the Consent Agenda for deferral to the May 23, 2002 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION- (MAY 23, 2002) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had amended the application to a rezoning from R-2 to PCD for the south 2.87 acres of the property only. Staff explained that the PCD would be for C-4 permitted uses only and that the survey of the property would be the approved site plan. Staff noted that the property would be used as is, and any future development of the site (building expansion, additional parking area, etc.) would have to be approved by the Planning Commission by way of a -- revised PCD. The applicant offered no additional comments. The Chairman placed this item before the Commission for inclusion within the Consent Agenda for approval, as amended and noted above. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. 4 May 23, 2002 ITEM NO.: B Owner: Applicant: Location: Area: Request: Purpose: Existing Use: ILE NO.: Z-7160 William L. Huffstutlar Jim Hill, Putnam Realty, Inc. #1 Voorhees Drive 4.08 acres Rezone from R-2 to C-4 Continuance of nonconforming truck repair business Vacant commercial buildings and undeveloped SURROUNDING LAND USE AND ZONING North — Mobile home park and undeveloped property; zoned R-2 South — Mobile home park, single family residences and day care center; zoned R-2 East — Single family residences, undeveloped property and nonconforming commercial uses; zoned R-2 West — Undeveloped property, nonconforming commercial uses and single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Voorhees Drive is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. With Buildin Permit: 2. Future improvements will require one-half street improvements per Master Street Plan. May 23, 2002 B. PUBLIC TRANSPORTATION ELEMENT: C FILE NO.: Z-7130 The site is located near CATA Bus Route #15 (Stanton Road). PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline, Windamere, Wakefield and SWLR UP Neighborhood Associations were notified of the proposed rezoning. Staff received a phone call from Pat Gee of the Upper Baseline Neighborhood Association, expressing opposition to the. proposed C-4 rezoning. D. LAND USE ELEMENT: Planning Division: This request is located in the Geyer Springs -East Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for a zone change from R-2 Single Family to C-4 Open Display Commercial. The applicant wishes to rezone an existing nonconforming truck repair business with C-4 uses. A land use plan amendment for a change to Commercial is a separate item on this agenda. City Recognized Neighborhood Action Plan, The applicant's property lies in the area covered by the Upper Baseline Neighborhood Action Plan. The Neighborhood and Housing Revitalization goal contained an action statement of encouraging Low Density Residential development in the area. The Economic Development goal contained an objective of retaining existing businesses, and when necessary, finding new businesses to replace those that close. E. STAFF ANALYSIS: The request before the Commission is to rezone this 4.08 acre tract from "R-2" Single Family District to "C-4" Open Display District. The south portion (2.87 acres) of the property is occupied by two (2) commercial buildings which appear to be vacant. The buildings previously housed a truck repair business. The north 1.21 acres is undeveloped and wooded. The property is accessed from the end of Voorhees Drive, which runs east from Stanton Road. The applicant proposes to rezone the property in order to legitimize the previous truck repair business so that the property 2 May 23, 2002 ITEM NO.: B (Cont.) FILE NO.: Z-7160 can be sold. A land use plan amendment has also been filed for this property (Item 3 on this agenda). The property is in an area along Stanton Road which contains a mixture of uses, most of which are nonconforming. All of the surrounding properties are zoned R-2, Single Family Residential. There are nonconforming commercial and industrial type uses along Stanton Road and to the east of this property. There are also day care/school uses and a number of mobile home parks in the general area. Staff does not support the requested rezoning. The Geyer Springs -East District Land Use Plan recommends Low Density Residential for this property, as well as all of the surrounding properties. Staff does not believe that the requested C-4 zoning would be compatible with the uses and zoning in the area, nor conform to the adopted Neighborhood Action Plan, especially in light of the fact that a portion of the property the applicant is proposing to rezone is undeveloped. Staff does not believe it would be appropriate to place 4.08 acres of C-4 zoning at this location, in the middle of a R-2 zoned area which contains a number of single family structures. The rezoning of this property to C-4 could hinder the possibility of a future residential revitalization for the area. When the applicant initially met with staff to discuss the possibility of rezoning this property, staff suggested a rezoning to PD -C just for the developed portion of the property (south side of Voorhees Drive). This type of rezoning would legitimize the existing nonconforming use of the portion of the property which is developed, without leaving the remainder of the property open for additional commercial development. This would allow the existing commercial buildings to be reconstructed if they were ever damaged beyond 50 percent of the current replacement value. This type of zoning action has been used in the past, without Land Use Plan Amendments, to recognize and legitimize nonconforming uses. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-4 zoning. PLANNING COMMISSION ACTION, (APRIL 11, 2002) Staff informed the Commission that the applicant had requested that the application be deferred (via a phone call to staff on this date) to the May 23, 2002 agenda. Staff supported the deferral request. 3 May 23, 2002 ITEM ND.: B (Con FILE NC.: Z-7160 With a vote of 9 ayes, 1 nay and 1 absent, the Commission voted to waive the bylaws and accept the applicant's request for deferral, being less than five (5) working days prior to the public hearing. The Chairman placed this item before the Commission for inclusion within the Consent Agenda for deferral to the May 23, 2002 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (MAY 23, 2002) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had amended the application to a rezoning from . R-2 to PCD for the south 2.87 acres of the property only. Staff explained that the PCD would be for C-4 permitted uses only and that the survey of the property would be the approved site plan. Staff noted that the property would be used as is, and any future development of the site (building expansion, additional parking area, etc.) would have to be approved by the Planning Commission by way of a revised PCD. The applicant offered no additional comments. The Chairman placed this item before the Commission for inclusion within the Consent Agenda for approval, as amended and noted above. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent.