Loading...
HomeMy WebLinkAboutZ-7783 Staff AnalysisApril 28, 2005 ITEM NO.: E Owner: Miracle Developments Applicant: Kelton Price Location: 14929 Cantrell Road Area: 2.21 Acres Request: Rezone from R-2 to 0-3 Purpose: Future office development Existing Use: Single family residential SURROUNDING LAND USE AND ZONING FILE NO.: Z-7783 North — Single family residences and office uses; zoned R-2 and POD South — Single family residences; zoned R-2 East — Single family zoned property and mixed commercial/office uses; zoned R-2, PCD and POD West — Single family residences and office use; zoned R-2 and PD -0 A. PUBLIC WORKS COMMENTS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. A minimum dedication of right-of-way to 55 feet from centerline will be required at all locations. Additional easement for future storm water improvements may be required. 2. Provide the direction of flow and all storm water flows (Q) entering and leaving the property. Provide sketch grading and drainage plan showing proposed drainage and grading for future site development. 3. A grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 4. Westchester Subdivision to the west has a history of flooding problems. Storm water detention ordinance applies to this property and will be required at both discharge points on the property. April 28, 2005 ITEM NO.: E Cont. FILE NO.: Z-7783 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on a CATA Bus Route #25 (Highway 10 Express Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Westchester-Heatherbrae and Secluded Hills Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a zoning change from R-2 (Single Family District) to 0-3 (General Office District) for future development. The request does not require a change to the Land Use Plan because office uses are an appropriate use in Transition. Since this application is in an area shown as Transition and subject to the Highway 10 Overlay District, any proposed development must conform to the overlay standards and be compatible with adjacent development. Based on previous actions of the City, only Planned Office District or "0-1" Quiet Office zoning have been approved in order to assure this compatibility. Master Street Plan: Cantrell Road is shown as a Principal Arterial on the plan. Cantrell Road is built as a five -lane road through that area. The primary function of a Principal Arterial is to serve through traffic and connect major traffic generators or activity centers within urbanized areas. Cantrell Road may require dedication of right-of-way and street improvements. Since this property is located on a Principal Arterial, access to the site should be minimized and should not impede through traffic. Existing or proposed Class I, II or III Bikeways are not in the immediate vicinity of the development. 2 April 28, 2005 ITEM NO.: E Cont. FILE NO.: Z-7783 City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan. The Sustainable Natural Environment goal listed an objective of promoting the vigorous enforcement of the Landscaping and Excavation Ordinance. This action could result in the removal of trees in order to accommodate the development of uses possible office development in the Transition land use category. E. STAFF ANALYS Miracle Developments, owner of the 2.21 acre property located at 14929 Cantrell Road, is requesting to rezone the property from "R-2" Single Family District to "O-3" General Office District. The rezoning is proposed for future office development of the property. The site currently contains two (2) single family residential structures, with a single access drive from Cantrell Road. Single family residences are located on the property immediately west and south of the site. A mixture of residential, office and commercial uses and zoning exists to the west along Cantrell Road. Single family residential and office uses and zoning is located across Cantrell Road to the north. The City's Future Land Use Plan designates this property as Transition. The requested zoning change to 0-3 does not require a change to the Land Use Plan. Staff is not supportive of the requested 0-3 zoning. Although staff is not opposed to the redevelopment of this site as office use, staff is concerned with the close proximity of the property to the single family residences to the west and south. Staff feels that important site design issues, such as building height and drainage, would be best addressed through the PZD (Planned Zoning Development) zoning process. As noted in paragraph A. of this report, Public Works notes that the single family neighborhood to the west and south has a history of flooding problems. Additionally, the 0-3 zoning district allows a maximum building height of 60 feet, which in staff's opinion would not be compatible with the adjacent single family neighborhood. Therefore, staff feels that the best approach in redevelopment of this property would be through the PZD rezoning process. This process would assure compatibility of the proposed development with the adjacent single family neighborhood, as required within this area of "Transition". 3 April 28, 2005 ITEM NO.: E Cont. FILE NO.: Z-7783 F. STAFF RECOMMENDATION: Staff recommends denial of the requested 0-3 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 3, 2005) Bill Keathly was present, representing the application. There were several objectors present. Mr. Keathly requested a deferral to the March 17, 2005 Agenda to allow him time to meet with the neighborhood and resolve issues related to the property's development. There was a motion to defer the application to the March 17, 2005 Agenda. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. PLANNING COMMISSION ACTION: (MARCH 17, 2005) Staff informed the Commission that the applicant requested the application be deferred to the April 28, 2005 Agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 28, 2005 Agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. The application was deferred. PLANNING COMMISSION ACTION: (APRIL 28, 2005) Kelton Price and Bill Keathly were present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of denial. Staff noted that the applicant had amended the application to an 0-2 rezoning, with building(s) on the site having a residential character and a maximum building height of 35 feet. Kelton Price addressed the Commission in support of the application. He asked for the amendment to 0-2. He stated that the property will be developed for lease office space. He noted that the property development would comply with the Highway 10 Overlay Standards. 4 April 28, 2005 ITEM NO.: E {Cont.} _ FILE NO.: Z - The differences between 0-3 and 0-2 zoning were briefly discussed. Tony Bozynski, Director of Planning and Development, explained that there were a number of site design issues which would be best reviewed through a PZD application. He explained that the use should be reviewed at the same time as the site plan. The differences between a PZD and a site plan review were briefly discussed. Mr. Bozynski explained that there was more flexibility with a PZD. Cindy Dawson, City Attorney, explained that a straight rezoning should not have a number of conditions attached to it. Mr. Price explained that the previous PCD request for this property which was denied, cost the developer money. He briefly discussed building height and site design issues related to this property. The issue of a PZD versus a straight rezoning was briefly discussed. The issue of conditions on straight rezonings was also discussed. Bill Keathly addressed the Commission in support. He explained that he was trying to determine the parameters of the property development without spending additional money on site designs at this time. He explained that a PZD was not a requirement for this property. There was additional discussion related to a PZD zoning for the property. Commissioner Floyd explained that a well presented POD design would be more acceptable to the Commission. Ruth Bell addressed the Commission in opposition. She explained that a POD would be the appropriate approach to development of the property. She noted that it would address site design issues related to this property. Mr. Keathly noted that 0-2 zoning required a site plan review and explained. The issue of conditions placed on a straight rezoning was briefly discussed. Dana Carney, of the Planning Staff, noted that the Ordinance allowed an applicant to offer conditions on a straight rezoning application. The issue of site plan review was also discussed. Mr. Keathly stated that all Highway 10 design standards would be met. He made an additional amendment to the application to provide a minimum side (west) setback of 50 feet and a minimum rear setback of 80 feet. This issue was discussed. 5 April 28, 2005 ITEM NO.: E(Cont.)FILE NO.: Z-7783 There was a motion to approve the application as amended by the applicant. The motion failed by a vote of 4 ayes, 5 nays, 1 abstention (Williams) and 1 absent. The application was denied. L