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Z-2005-05 and SU-2005-03: Public hearing on an application
for a change of zoning district classification from the R-1 Single-Family
Residential District to the B-2 Neighborhood Business District with Special
use requested to establish a place for outside storage in the B-2
Neighborhood Business District located at 816 N. Andover Rd.
Les
Mangus explained the Andover Church of Christ desires to zone their property
to B-2 Neighborhood Business District in order to market the north 118 feet
for sale for business use. The Special Use for outdoor storage came about as
a result of a possible purchaser of the vacant lot needing outdoor storage
and display for water garden plants and accessories. The Special Uses listed
in the B-2 Regulations lists lumberyards, which would typically include some
outdoor storage of materials. In general, Staff is not opposed to the
proposed change, but the outdoor storage could easily get out of hand if not
limited by conditions of the Special Use. The adjacent residential neighbors
to the east probably would not be opposed to seeing plant materials across
their back property line, but many other materials could be objectionable.
Mark
Savoy of Savoy Company P.A. represented the owner who said the church wants
to sell the property just north of the existing driveway. The prospective
buyer sells/installs water gardens which would require some outside display
and storage. Mark said he did not have any further information about the prospective
buyer’s plans for the property.
Jeff
Syrios asked if there will be a retail building. Mark said there would be a
building with combination of retail and storage. Jeff Syrios was concerned
about the appearance of this business, parking, and storage. There was
further discussion about possible problems with the approval of this special
use without adequate information being available. Mark Savoy said there would
be sufficient screening of the residential property to the east, and of all
storage area.
Concerns
noted by Planning Commission members:
1.
Display in front of the retail building is okay, but the outside storage
needs to be screened and not visible from traffic.
2.
If the storage facility is larger than the retail building.
3.
Type of items to be stored.
Chairman
Nelson opened the Public Hearing and asked if anyone from the audience wished
to speak either if favor or opposition of this application.
Lynn
McBride of 823 N. Andover Road said he does not have a problem with the
rezoning of this property. He objected to the outside storage area being full
of boats and RV’s. He also asked if this business moves, how much control the
city would have over the next business use. Mr. McBride also asked about
regulations for Treescapes in the outside storage of decorative rock.
Les
Mangus stated Treescapes is in the B-6 Business District which is just down
from Industrial zoning and does allow outdoor storage and permits garden
stores. Les said he is also concerned about unlimited outdoor storage and
quoted the zoning regulations definition for accessory use: “Is subordinate
in area, extent or purpose to the principle building or use served”. There
was further discussion about this regulation. Les said there would need to be
specific conditions if the special use is granted.
Lynn
McBride said he is still concerned about large vehicle parking on the
property or if the property is sold again in the future to someone who will
abuse the outside storage permit.
Les
Mangus suggested size, intensity, type of merchandise, needs to be decided
about storage adjacent to a residential neighborhood. He said screening is
shown in the text of the preliminary plat.
Jeff
Syrios was concerned about making a decision without more specific
information about the prospective use. Les said it is better to have a set of
conditions based upon known information. It was the consensus of the members
to approve the zoning change but not the special use without further information.
Mark
Savoy apologized for not having more information on the special use
applicant. General discussion continued. Les said the application for special
use is for the entire property. Les said he objected to approval of special
use of this entire property.
David
Martine said the reason for B-2 zoning
is to be good to the neighbors. He did not agree with granting this much area
a special use without knowing the type of use for the property.
Lynn
McBride asked why this applicant did not purchase property in the industrial
area instead of applying for this special use.
Annette
Hendrix representing Children’s Discovery Center at 836 N. Andover Road was
concerned about chemicals connected with this water garden business being
stored next to the daycare center. She also was unsure of the visual effect
of the business on the children in the playground, and about parking issues.
There
was discussion about whether to table this entire application until next
month when more information could be obtained from the applicant and
prospective buyer of the north 118 feet of the property. Les said the zoning
and special use cannot be separated at this point because they were applied
for and advertised together. Les said the entire matter should be continued until
the next meeting. Les said if the zoning change was approved without the
special use, the special use could not be heard until after proper
notification at the November Planning Commission meeting.
Clark
Nelson asked Mark Savoy to work with the neighbors of this property to define
the intent of this business prospect.
Mark
Savoy said the sale of this piece of property is contingent upon the approval
of the special use application and he agreed with deferring this entire case
until the next meeting.
Mark
Savoy asked how the deferment of this case would effect the Final Plat
approval. Les said the plat could be approved contingent upon zoning
approval, because there are references to the uses and setbacks of it.
Chairman
Nelson closed the Public Hearing at 7:40 p.m.
Lynn
Heath made a motion to defer Z-2005-05 and SU-2005-03 until the October
Planning Commission meeting. Quentin Coon seconded the motion. Motion carried
6/0.
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