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b.
City Zoning Commission
Meeting Date:
07/07/2015
SUBJECT
Zone Change 935 - 741 S 24th St West
THROUGH:
Candi Millar
PRESENTED BY:
Nicole Cromwell

Information

REQUEST

Item #2 - City Zone Change #935 – 741 S 24th St West – A zone change request from Residential Professional (RP) to Neighborhood Commercial (NC) on Lot 9A, Block 2, Justiss Subdivision. A 13,706 square foot parcel of land. The applicant conducted a pre-application neighborhood meeting on May 21, 2015, at the Hilton Garden Inn at 939 S 25th St West. Property Tax ID: C01676.
 

RECOMMENDATION

The Planning Division recommends approval and adoption of the findings of the 10 criteria for Zone Change 935.

APPLICATION DATA

OWNER: 741 S 24th St West, Inc. Jeff Essmann  
AGENT: Mike Walker, NAI Business Properties  
LEGAL DESCRIPTION: Lot 9A, Block 2, Justiss Subdivision  
ADDRESS: 741 S 24th St West  
CURRENT ZONING: Residential Professional (RP)  
EXISTING LAND USE: Vacant Dry Cleaner  
PROPOSED USE: Possible retail  
SIZE OF PARCEL: 13,706 square feet  

CONCURRENT APPLICATIONS

None.

APPLICABLE ZONING HISTORY

The subject property received a zone change from R-70 to RP and a special review approval for the drive through service in 1996. The applicant also requested a setback variance in 1996 but this was denied. The Valet Dry Cleaning service has operated from this location since the zoning and special review was approved in 1996. The dry cleaner has since re-designed its business model and no longer needs as many locations for drop off service. 
The Justiss Subdivision was originally subdivided and zoned for residential uses. Zone change applications in the subdivision have had mixed success starting in 1975 when the first proposed commercial zone change was denied. Subsequently, 13 additional zone changes were submitted and 4 have been approved, 3 were withdrawn and 6 were denied. The most recent zone change was submitted for 745 Henesta Place directly east of the subject property. The proposed zoning of RP was approved and the property has been re-developed for commercial office space. Surrounding subdivisions are primarily commercial zoning except for lots north and east where a large residential neighborhood has developed.

SURROUNDING LAND USE & ZONING

NORTH: Zoning: PD-NC
Land Use: Pier One Imports
SOUTH: Zoning: RP
Land Use: Office Space
EAST: Zoning: RP
Land Use: Office Space
WEST: Zoning: CI
Land Use: Applebee's, Toys R Us, Walmart

BACKGROUND

The applicant is requesting a zone change from RP to NC to facilitate the marketing of the existing building for re-use as either a new office space or for retail uses as allowed in the zone. This would not include any restaurant that provides on-premise alcohol service or any bar or casino. Grocery stores, convenience stores or drug stores could sell beer or wine for off-premise purposes. Other retail service businesses may also be allowed in the proposed zoning. The existing zoning, RP, does not allow any retail services, and is the most restrictive commercial zone for allowed uses. The property is located at the southeast corner of the intersection of Rosebud Drive and S 24th St West. South 24th St West is a principal arterial and carries close to 25,000 vehicles each day. King Avenue West, just south of the subject property, carries almost 27,000 vehicle each day. The site is about 1/4-acre in area so potential re-use of the property will be limited to smaller retail uses and office space. Pier One Imports is directly north across Rosebud Drive and Applebee's, Toys R Us, and Walmart are directly west across S 24th St West. The property also has a 3rd street frontage on Henesta Drive. The approval for the drive through service in 1996 restricted access to S 24th St West and Rosebud Drive. The access to the property will not change so any new use on the property will use the access off Henesta Drive.

The applicant conducted a pre-application neighborhood meeting on May 21, 2015, at the Hilton Garden Inn and 1 surrounding property owner attended the meeting. The surrounding owner, Mr. Vandiviere of Huntley, discussed the allowed uses in NC zones and the possibility of restaurant use or similar. The owner stated the parking requirements for food service, 1 space for each 100 square feet of building area, may be too great for this small site. Mr. Vandiviere expressed no objection to the zone change.

The Planning Division has reviewed the application and is forwarding a recommendation of approval based on the proposed findings of the 10 criteria for this zone change. The proposed zoning will allow similar uses in an area surrounded by NC, CI or RP zoning. There are no directly adjacent residential uses so buffering and screening is not required. The property is located at a signalized intersection on S 24th St West with about 25,000 vehicles passing by this property everyday. The existing access from Henesta Drive will continue to serve the property. There should be no impact to surrounding traffic or properties from the proposed zoning. Most zoning in the area is a mixture of  commercial and industrial with large and small retail and office uses throughout. There should be no impact to public safety services or other city services from the proposed zoning or re-use of the property.
 

RECOMMENDATION

The Planning Division recommends approval and adoption of the findings of the 10 criteria for Zone Change 935.

Attachments