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STAFF REPORT
Item: Public hearing and consideration of a rezoning request of approximately 5.8 acres located
along the south side-of Southwest Parkway being Lots 2,3,5,6 and 7, Block C and Lot 6, Block D
Ashford Square Subdivision. (Planning Case No. 97-115 and 97-116).
Item Summary: The subject site: is located on the rear portion of the Ashford Square. Center.. The
lots to the north are zoned A-P and are developed as a day care center and an office building. Lots
to the immediate west are-zoned C-1 and are developed as a bank and fast food restaurant across
the frontage. Behind the .frontage area there is a 15,000 square foot commercial. building (formerly
the 5chuhnan Theater) that has recently been .approved for a nightclub use. That approval is the
third nightclub that has been approved for that property since 1993. The R-7 zoned property to the
south is developed as a mobile home park. The abutting vacant property to the east was zoned R 5
three years ago and is currently in the platting. process.
The request is currently not in compliance with the .Land Use Plan nor with Development Policies
relating to screening and buffering.. between residential .and commercial uses. An immediate
juxtaposition of the proposed R-2 adjacent to a high intensity commercial development would not
be compatible without mitigation.
In order to approve a zoning that is in direct conflict with the Land .Use Plan, an applicant must
show that there is a change of conditions within the area that could justify the proposed zoning as
opposed to the planned land use for the property. In this case, the applicant: has studied the market
conditions and concluded that the subject property has remained vacant.. According to the
applicant,. these rear lots: are not marketable as zoned_
The applicant understands the Staffs concerns. regarding. the adjacent commercial lots and. has
communicated verbally .that he intends to separate the commercial traffic from the residential
traffic and to screen the proposed duplex area from the existing commercial .sites.. In response to
Star's concerns for not only the layout but also the condition of the existing drives, he has agreed
to rebuild and reconfigure these drives.. At the time the property comes in for replatting, the Staff
will. ensure: that the conditions 'of zoning are met. The Planning and Zoning Commission will have
ultimate approval .authority over the replat.
Policy Issue Statement: The following Council Vision for the 21st Century is applicable:
Civic. Pride -Citizens benefit from well-planned, attractive residential and commercial
areas, and from preserving historic areas.
LAND USE. PLAN -the Land Use Plan reflects. the property as regional retail.
Item Background: The subject property was originally intended to be a light commercial portion
of the Ashford. Square center with more intense commercial zoning closer to the Texas Avenue
intersection. The center was zoned C-1 and A-P in 1983, .and the front. lots were guilt during the
year or so following the platting of the property. Lot lines and access drives were. put in place on
the subjectproperties in.preparation for sale of the lots to office/service users. The rear lots have
remained vacant.
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Budgetary. & Financial Summary: N/A
Staff Recommendations: Staff recommends approval with the condition that the zoning is not
effective until a replat :has been approved, and that the replat provide: the following:
1. New access drives that meet current City paving standards.
2. That the .access .drives meet standards for. adequate fire `lanes and City vehicle turn-
arounds/radii.
3. That the access drives have no connection. with the commercial access drives that
currently exist to the west.
4. That the duplex lots be oriented away from the commercial. lots.
5. That there be an impenetrable, screen. installed along the western boundary of he duplex
lots and hat the screen is not Basil mountable.
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Related Advisory Board Recommendations N/A
..City Attorney Recomrnendation/Comments No concerns. expressed.
Commission Action Options: Recommend approval, recommend approval. with conditions, table,
defer action to a specified date, or recommend denial of the use.
Supporting Materials:
1. Location Map
2. Application
3, Engineering Information and Notification Information
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ENGINEERING
Water: Domestic service and .fire protection is .currently available to this site.
Additional hydrants maybe required at replat.
Sewer: Sewer is-available to the site and is currently constructed within the existing lot
layout. Additional extensions maybe required at replat.
Streets: This. site will take access to Southwest Parkway via a system of access
easements. The applicant... has .agreed to upgrade and reconfigure the existing
substandard drives to assure adequate emergency and other City services and to provide
separation between the commercial .and residential .sites. The: street system should..be
layed out such .that there. is not. a mix of commercial. and residential. traffic on the same
roads.
Off-site Easements: N/A
Sidewalks: Will not be re uired.
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Drainage: The proposed replat will. require compliance with the City's .Drainage
Ordinance.
Flood Plain: According to the FEMA FIRM maps, this property is not located within
the 100-year flood plain.
Oversize request:. Not applicable.
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Parkland Dedication: Will be required at time of replatting at a fee of $225.00 per unit.
Impact Fees; Not required in this area..
NOTIFICATION:
Legal Notice Publication(s): The Eagle; November 5, 1997 and November 26, 1997
Advertised Commission Hearing Dates(s): November 20, 1996
Advertised Council Hearing Dates: December 11, 1997
Number of Notices Mailed to Property Owners Within 200': 7
Response Received: One: inquiry as of date of staff report
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