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HomeMy WebLinkAboutZ-7597 Staff AnalysisMarch 25, 2004 ITEM NO.: 12.1 FILE NO.: Z-7597 Owner: Otter Creek Development Company, LLC Applicant: White-Daters and Associates Location: East side of Stagecoach Road, approximately 1,600 feet north of Otter Creek Parkway Area: 1.942 acres Request: Rezone from R-2 to C-3 Purpose: Future general commercial development Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North — Church, single family residences, new multifamily development and undeveloped property (along Stagecoach Road); zoned R-2, MF -12 and 0-1 South — Undeveloped property and a utility substation; zoned R-2 East — Creek and undeveloped property; zoned R-2 West — Single family residences on large lots (across Stagecoach Road); zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Stagecoach Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Show the existing right-of-way on the survey. 2. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. Show the existing floodway and floodplain boundaries. 3. A special Grading Permit for Flood Hazard Areas will be required per Sec. 8-283 prior to construction. March 25, 2004 ITEM NO.: 12.1 Cont. FILE NO.: Z-7597 B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus 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 Otter Creek, Crystal Valley and SWLR United for Progress Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Otter Creek Planning District. The Land Use Plan shows Public Institutional for this property. The applicant has applied for C-3 General Commercial for future commercial development. A land use plan amendment for a change to Commercial is a separate item on this agenda. City Recognized Nei hborhood Action Plan: The applicant's property lies in the area covered by the Otter Creek/Crystal Valley Neighborhood Action Plan. The plan lists an objective, which recommends limiting commercial and office development in the "heart" of the planning area (located on Stagecoach Road between Baseline and Otter Creek Roads) to that, which serves the neighborhood (C-1 uses). In addition, the first objective supports placing the more intense uses on the periphery of the study area. This application is located inside the "heart" of the study area as described by the neighborhood action plan. E. STAFF ANALYSIS: Otter Creek Development Company LLC, owner of the 1.942 acre property along the east side of Stagecoach Road (approximately 1,600 feet north of Otter Creek Parkway), is requesting to rezone the property from "R-2" Single Family District to "C-3" General Commercial District. The rezoning is proposed to allow future general commercial development. The property is currently undeveloped and partially tree -covered. It appears that some site work has been done recently. K March 25, 2004 ITEM NO.: 12.1_(Cont.)FILE NO.: Z-7597 There are two (2) churches and undeveloped 0-1 zoned property to the north along the east side of Stagecoach Road. There is undeveloped R-2 zoned property and a utility sub -station to the south. Single family residences on large lots are located to the west across Stagecoach Road, with additional single family residences and 'a multifamily development (currently under construction) to the northwest. A creek and undeveloped R-2 zoned property is located to the east. The City's Future Land Use Plan designates this property as Public Institutional. The applicant has filed a Land Use Plan Amendment for a change to commercial (Item 12. on this agenda). Staff does not support the requested rezoning. Given the Future Land Use Plan for the general area, staff believes locating C-3 zoning along the east side of Stagecoach Road is inappropriate. The future Land Use Plan shows Public Institutional and Office along the east side of Stagecoach Road, with Mixed Use along the west side. The area of Mixed Use requires a Planned Zoning Development for non-residential developments. Neighborhood Commercial and Community Shopping designations are located further to the south at the intersection of Stagecoach Road and Otter Creek Parkway. Therefore, staff feels that an office zoning, such as 0-2, which requires a site plan review would be more appropriate for the area. Staff feels that straight C-3 zoning for the property will adversely impact the future development of this area along Stagecoach Road. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be withdrawn. Staff supported the withdrawal request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant's request for withdrawal, being less than five (5) days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for withdrawal. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was withdrawn. K,