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HomeMy WebLinkAboutZ-7821 Staff AnalysisFILE NO.: Z-7821 Owner: Our Way Inc. Applicant: Sharlett Craig of Our Way Inc. Location: 10434 West 36th Street Area: 16.08 Acres Request: Rezone from R-2 to MF -12 Purpose: To recognize the existing use of the property. Existing Use: Multifamily housing for the physically challenged and elderly. SURROUNDING LAND USE AND ZONING North — Undeveloped property and nursing home; zoned MF -12 and MF -18 South — Undeveloped property and church (across West 36th Street); zoned R-2 East — UCP Rehabilitation and Skills Training Center, undeveloped property and church; zoned PCD, R-2 and POD West — Undeveloped property; zoned 0-3 A. PUBLIC WORKS COMMENTS: 1. The right-of-way for 36th Street as shown on the survey is acceptable for Master Street Plan standards at this location. 2. Any future site construction or re -development will be subject to Master Street Plan improvements. B. PUBLIC TRANSPORTATION ELEMENT: The property is located on CATA Bus Route #14 (Rosedale 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 John Barrow, Kensington Place, Campus Place and Westbrook Neighborhood Associations were notified of the public hearing. FILE NO.: Z-7821 (Cont. D. LAND USE ELEMENT: This request is located in the 1-430 Planning District. The Land Use Plan shows Multifamily for this property. The applicant has applied for a change from R-2 (Single Family District) to MF -12 (Multifamily District) to recognize an existing apartment complex use. The request does not require a change to the Land Use Plan. Master Street Plan: West 36th Street is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and its primary function is to provide short distance travel within the urbanized area. West 36th Street may require dedication of right-of-way and street improvements. Bicycle Plan: A Class II bikeway is shown on West 36th Street adjacent to the property. A Class II bikeway is located on the street as either a 5' shoulder or six foot marked bike lane. Additional paving and right-of-way may be required on West 36th Street. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing and Neighborhood Revitalization goal is to provide "An improved overall appearance and safety of the John Barrow neighborhood area," and listed two objectives relevant to this case. The first objective is "create programs that will reduce the public safety concerns of all residents in their neighborhood areas." Two action statements "Improve street lighting to deter crime in the area," and "Implement a sidewalk replacement program to allow residents of the area to walk and be outdoors more," are directly related to this application. Since this multifamily development will provide multiple units in the area, damaged or missing sidewalks adjacent to the property should be repaired and lighting improved to create a safe and walkable neighborhood. The second objective, "Encourage programs directed toward the social service needs of youth in the area," had one action statement directly related to this application "Provide positive organized/structures activities for young children." Since this is a multifamily development, playgrounds and recreation areas should be included in the design for the benefit of families and children. 2 ILE NO.: Z-7821 !Cont. E. STAFF ANALYSIS: Our Way Inc., owner of the 16.08 Acre property at 10434 West 36th Street, is requesting to rezone the property from "R-2" Single Family District to "MF -12" Multifamily District. The property is located on the north side of West 36th Street, east of Shackleford Road. The rezoning is proposed in order to recognize the existing multifamily use of the property. The property is currently occupied by a multiple building multifamily development operated by Our Way Inc. The development contains 144 residential units for physically challenged and elderly households. The development consists of 37 buildings and 110 paved parking spaces. There is an asphalt driveway from West 36th Street which serves as access to the property. The general area contains a mixture of uses and zoning. Undeveloped property and a nursing home, zoned MF -12 and MF -18, are located to the north. Undeveloped 0-3 zoned property is located to the west, along the east side of Shackleford Road. The UCP Rehabilitation and Skills Training Center, a church and undeveloped property is located to the east. Undeveloped R-2 zoned property and a church are located across West 36th Street to the south. The City's Future Land Use Plan designates this property as Multifamily. The proposed zoning change to MF -12 does not require a change to the Land Use Plan. Staff is supportive of the requested MF -12 zoning. As noted previously, the past use of the property has been 144 multifamily housing units for the physically challenged and elderly. The applicant has proposed a condition for the MF -12 zoning to be the continued use of the property for physically challenged and elderly housing. Staff is also supportive of this condition. Therefore, the rezoning ordinance presented to the Board of Directors will contain the condition which will read as follows: "The only permitted use of the property will be 144 multifamily housing units for the elderly and physically challenged, with no changes to the property's existing site plan." If the property was proposed to be multifamily housing for the general public, sufficient parking would not exist on the site to satisfy zoning ordinance requirements. In this case, the applicant would be required to file a site plan review application to add parking spaces to the development. The conditions as offered by the applicant satisfies this K FILE NO.: Z-7821 (Cont. issue. Staff feels that the proposed rezoning to recognize the existing nonconforming use of the property is reasonable and should have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF -12 rezoning, subject to the following condition (as offered by the applicant): The only permitted use of the property will be 144 multifamily housing units for the elderly and physically challenged, with no changes to the property's existing site plan. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. 0 April 28, 2005 ITEM NO.: 3 FILE NO.: Z-7821 Owner: Our Way Inc. Applicant: Sharlett Craig of Our Way Inc. Location: 10434 West 36th Street Area: 16.08 Acres Request: Rezone from R-2 to MF -12 Purpose: To recognize the existing use of the property. Existing Use: Multifamily housing for the physically challenged and elderly. SURROUNDING LAND USE AND ZONING 0 Al North — Undeveloped property and nursing home; zoned MF -12 and MF -18 South — Undeveloped property and church (across West 36th Street); zoned R-2 East — UCP Rehabilitation and Skills Training Center, undeveloped property and church; zoned PCD, R-2 and POD West — Undeveloped property; zoned 0-3 PUBLIC WORKS COMMENTS: 1. The right-of-way for 36th Street as shown on the survey is acceptable for Master Street Plan standards at this location. 2. Any future site construction or re -development will be subject to Master Street Plan improvements. PUBLIC TRANSPORTATION ELEMENT: The property is located on CATA Bus Route #14 (Rosedale 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 John Barrow, Kensington April 28, 2005 M NO.: 3 (Cont. FILE NC.: Z-7821 Place, Campus Place and Westbrook Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 1-430 Planning District. The Land Use Plan shows Multifamily for this property. The applicant has applied for a change from R-2 (Single Family District) to MF -12 (Multifamily District) to recognize an existing apartment complex use. The request does not require a change to the Land Use Plan. Master Street Plan: West 36th Street is shown as a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and its primary function is to provide short distance travel within the urbanized area. West 36th Street may require dedication of right-of-way and street improvements. Bicycle Plan: A Class II bikeway is shown on West 36th Street adjacent to the property. A Class II bikeway is located on the street as either a 5' shoulder or six foot marked bike lane. Additional paving and right-of-way may be required on West 36th Street. Cily Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the John Barrow Neighborhood Action Plan. The Housing and Neighborhood Revitalization goal is to provide "An improved overall appearance and safety of the John Barrow neighborhood area," and listed two objectives relevant to this case. The first objective is "create programs that will reduce the public safety concerns of all residents in their neighborhood areas." Two action statements "Improve street lighting to deter crime in the area," and "Implement a sidewalk replacement program to allow residents of the area to walk and be outdoors more," are directly related to this application. Since this multifamily development will provide multiple units in the area, damaged or missing sidewalks adjacent to the property should be repaired and lighting improved to create a safe and walkable neighborhood. The second objective, "Encourage programs directed toward the social service needs of youth in the area," had one action statement directly related to this application "Provide positive 2 April 28, 2005 ITEM NO.: 3 (C FILE NO.: Z-7821 organized/structures activities for young children." Since this is a multifamily development, playgrounds and recreation areas should be included in the design for the benefit of families and children. E. STAFF ANALYSIS: Our Way Inc., owner of the 16.08 Acre property at 10434 West 36th Street, is requesting to rezone the property from "R-2" Single Family District to "MF -12" Multifamily District. The property is located on the north side of West 36th Street, east of Shackleford Road. The rezoning is proposed in order to recognize the existing multifamily use of the property. The property is currently occupied by a multiple building multifamily development operated by Our Way Inc. The development contains 144 residential units for physically challenged and elderly households. The development consists of 37 buildings and 110 paved parking spaces. There is an asphalt driveway from West 36th Street which serves as access to the property. The general area contains a mixture of uses and zoning. Undeveloped property and a nursing home, zoned MF -12 and MF -18, are located to the north. Undeveloped 0-3 zoned property is located to the west, along the east side of Shackleford Road. The UCP Rehabilitation and Skills Training Center, a church and undeveloped property is located to the east. Undeveloped R-2 zoned property and a church are located across West 36th Street to the south. The City's Future Land Use Plan designates this property as Multifamily. The proposed zoning change to MF -12 does not require a change to the Land Use Plan. Staff is supportive of the requested MF -12 zoning. As noted previously, the past use of the property has been 144 multifamily housing units for the physically challenged and elderly. The applicant has proposed a condition for the MF -12 zoning to be the continued use of the property for physically challenged and elderly housing. Staff is also supportive of this condition. Therefore, the rezoning ordinance presented to the Board of Directors will contain the condition which will read as follows: "The only permitted use of the property will be 144 multifamily housing units for the elderly and physically challenged, with no changes to the property's existing site plan." 3 April 28, 2005 ITEM NO.: 3 Cont. FILE NO.: Z-7821 If the property was proposed to be multifamily housing for the general public, sufficient parking would not exist on the site to satisfy zoning ordinance requirements. In this case, the applicant would be required to file a site plan review application to add parking spaces to the development. The conditions as offered by the applicant satisfies this issue. Staff feels that the proposed rezoning to recognize the existing nonconforming use of the property is reasonable and should have no adverse impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF -12 rezoning, subject to the following condition (as offered by the applicant): 1. The only permitted use of the property will be 144 multifamily housing units for the elderly and physically challenged, with no changes to the property's existing site plan. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant was present. There were no objectors present. Staff presented the item with a recommendation of approval. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 nays and 1 absent. 4