HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Item: Public hearing and consideration of a Conditional Use Permit for the use only to permit a
parking lot to be constructed on an R 6_and an R 1 zoned lot to serve. Rother's Book Store. The
site is located to the south of the book store along Montclair. (98-710)
Item Summary: The request is for approval so that the applicant may pursue the development of
a parking lot on the subjectproperty.. The back portion of the R-6 zoned lot contains a parking lot
currently serving .the. Loupot's parking lot; the front portion had a home on it that has been
demolished. The lots are located on the periphery of the existing Southside neighborhood, and the
parking lot, if designed well; could act as a buffer between the commercial frontage along George
Bush and the single family area. to the south. The conceptual plan as submitted shows a lb' buffer
strip between the proposed parking lot and the rest. of the neighborhood to the south with a 6'
wooden screening fence.. The site plan will come before the Commission at a later date.
Relationship to Comprehensive Plan:. The Land Use Plan shows this area as commercial near
the George Bush intersection with. medium. density single family behind the commercial.
Item Background: The subject lots have been. the subject of much discussion. for about a decade,
beginning in 1988 when a conditional use permit was granted for the R-6 .zoned lot to be developed
as a parking lot. The lot was not built and the use permit expired. In 1989; Sigma ,Alpha Mu
requested a use permit fora .fraternity house. There was a considerable amount of opposition to
the request, and the Commission denied the request.
Later in 1989, a Conditional Use Permit was approved for the rear portion of the R 6 zoned lot for
the construction of a 17-space parking lot fore. the Loupot's book store, which is located at the
opposite end of the-shopping center where'Rother's is located. There were three conditions added
to approval:. 1. concrete rather than wooden curbing; 2. concrete curbing rather than pipe
fencing; and 3, two low-profile lights'in the lot not to exceed the height of the screening fence.
The parking lot was built later that year:
In response to the denied fraternity request, .the Planning and Zoning Commission requested Staff
to return with aCity-initiated rezoning of the R-6 zoned lot to a less intense zoning district. Staff
prepared a report and recommended rezoning to R-1A, but the Commission was .reluctant at the
time to proceed with the rezoning. The properly therefore remains zoned R-6.
In 1996, the owner of the. R-1 lot requested rezoning to R-6 due to a desire to redevelop the
existing single family home to a fourplex. Due to neighborhood opposition that was expressed at
the Commission's public hearing, the request was withdrawn.
Budgetary & Financial Summary: NA
Staff Recommendations:. Section 14 of the Zoning Ordinance authorizes the existence of
conditional uses. The Commission may permit a conditional use. subject to appropriate conditions
and safeguards, when after public notice and hearing the Commission finds that: (Staff comments
are in italics)
1. "The. proposed use meets all the minimum standards established in the ordinance for the
type of use proposed." This use meets all of the minimum ordinance requirements.
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2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony
with the. development policies and goals and objectives as embodied in the Comprehensive Plan for
Development of the City." This use is not in conflict with the Land Use Pdan.
3. "That the proposed. use will not be detrimental to the health, welfare, and safety of the
surrounding neighborhood or .its occupants, nor be substantially or permanently injurious to
neighboring property." The. public hearing is an opportunity for the Commission to measure the
potential impact on surrounding land uses..
"The Commission may impose additional reasonable restrictions or conditions to carry out the
spirit and intent of the ordinance and to mitigate. adverse effects of the proposed use. These
requirements may include,. but are not limited to, increased open space, loading and parking
requirements, additional landscaping, .and additional improvements such as curbing, sidewalk. and
screening."
Unless the public hearing brings to .'light any new information indicating potential negative
impacts, Staff recommends approval. with the screening and buffering as conditions.
Related Advisory Board Recommendations: N/A until the site plan. is submitted. The PRC: will
review the building materials, signage, and building style before the site plan comes before the
Commission.
Commission Action Options: The Commission has final authority over the Conditional Use
Permit and associated site plan. The options regarding the use permit are:
1. approval as submitted
2. approval with conditions relating to specific site characteristics or with time limitations
3. denial with specified reasons for denial
4. table, or
5. defer action to a specified date.
Supporting Materials:
1. Location Map.
2. Application
3. Engineering Information. and Notification Information
4. Conceptual plan
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ENGINEERING
Engineering will review the future site plan for all engineering-related issues.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 12-2-98
Advertised Commission Hearing Dates(s): 12-17-98
Advertised Council Hearing Dates: Not required
Number of Notices Mailed to Property Owners Within 200': 21
Response Received: Two inquiries as of date of staff report
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