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HomeMy WebLinkAboutZ-7399 Staff AnalysisJuly 24, 2003 ITEM NO.: D Owner: Applicant Location: Area: Request: Purpose: Existing Use FILE NO.: Z-7399 Mystery Willis McGetrick and McGetrick Engineering Northwest corner of West 20th and Wilson Streets, and along the east side of Perry Street Approximately 1.29 acres (8 lots) To rezone from R-2 to 0-1 Quiet Office Vacant (6 lots) and single family structure (2 lots) SURROUNDING LAND USE AND ZONING North — Single Family Residences; zoned R-2 South — Single Family Residences (across West 20th Street); zoned R-2 East — Single Family Residences (across Wilson Street); zoned R-2 West — Single Family Residences; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify Perry, Wilson, and West 20th Streets on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. This development does not have access to an existing collector or improved commercial street suitable for office development. All existing streets in the vicinity of the proposed rezoning action are unimproved, narrow, residential streets with open ditches and nine -foot wide travel. July 24, 2003 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z-7399 B. PUBLIC TRANSPORTATION ELEMENT: The site is located near CATA's part-time bus route #3 (Baptist Medical Center route). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the John Barrow, Twin Lakes "A" and Twin Lakes "B" Special Improvement District Neighborhood Associations were notified of the proposed rezoning. D. LAND USE ELEMENT: This request is located in the 1-430 Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for 0-1 Quiet Office for an office building. A land use plan amendment for a change to Office is a separate item on this agenda. City Recognized Neighborhood Action Plan: The applicant's property lies in an area covered by the John Barrow Neighborhood Area Plan. The housing and neighborhood revitalization goal contains an action statement of determining if existing zoning classifications compromise the interest to revitalize or stabilize the housing and infrastructure and improve the overall appearance of the John Barrow Neighborhood Area. E. STAFF ANALYSIS: Mystery Willis, owner of Lots 5-6 and 19-24, Block 10, Hicks Interurban Addition, is requesting to rezone the property from "R-2" Single Family District to "0-1" Quiet Office District. Six of the lots (Lots 19-24) are located at the northwest corner of West 20th and Wilson Streets, with two lots (Lots 5 and 6) being located within the west portion of the block along Perry Street. There is a new single family structure on Lots 21 and 22, with the remaining lots being undeveloped and wooded. The owner proposes the rezoning in order to use the existing structure as an office, with future quiet office developments on the remaining six lots. All of the properties adjacent to this site, including across the boundary streets, are zoned R-2 and contain single family residential structures. A 2 July 24, 2003 SUBDIVISION ITEM NO.: D Cont. FILE NO.: Z-7399 rezoning to 0-2 with a height restriction was recently approved for 12 lots along the north side of West 18th Street, between Aldersgate Road and Perry Street. The City's Future Land Use Plan designates this property as single family. A proposed land use plan amendment for a change to office is Item 5. on this agenda. Staff does not support the proposed rezoning. Staff feels that the proposed 0-1 zoning will not be compatible with the adjacent single family properties. Staff clearly supported the recent 0-2 rezoning at the northeast corner of West 18th and Aldersgate Road given the fact that it is directly across the street from a large multi -lot office development (POD), and the imposed height limitation and site plan review requirement will assure proper transition from the existing POD development to the residential uses to the east. Staff feels that any further intrusion east into the existing area of R-2 zoning will be a detriment to the area. During the past two years, several building permits for new homes (including Lots 21 and 22 of this property) have been issued within the R-2 zoned area between Aldersgate Road and Junior Deputy Road, south of the West 16tH Street right-of-way. F. STAFF RECOMMENDATION: Staff recommends denial of the requested 0-1 rezoning. PLANNING COMMISSION ACTION: (MAY 15, 2003) Staff informed the Commission that the applicant requested the application be deferred to the June 26, 2003 agenda, as the applicant failed to complete the required notifications to surrounding property owners. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the June 26, 2003 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. The item was deferred. PLANNING COMMISSION ACTION: (JUNE 26, 2003) Pat McGetrick was present, representing the application. He requested that the application be deferred to the July 24, 2003 agenda. Staff supported the deferral request. 3 July 24, 2003 SUBDIVISION NO.: D (Cont.) FILE NO.: Z-7399 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the July 24, 2003 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The item was deferred. PLANNING COMMISSION ACTION: (JULY 24, 2003) Pat McGetrick was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. This item and the land use plan amendment were discussed simultaneously. Pat McGetrick addressed the Commission in support of the application. He noted that the existing building would be used for quiet office and that similar structures would be built on the other lots. Commissioner Floyd asked why the property owner wanted quiet office use on this particular property. Mr. McGetrick noted that the owner thought that this was a good location for a quiet office development. He referred to the office developments further to the north along Kanis Road. There was motion to approve the land use plan amendment. The motion failed by a vote of 0 ayes, 9 nays and 2 absent. There was a second motion to approve the rezoning. The motion failed by a vote of 0 ayes, 9 nays and 2 absent. The application was denied. 4