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HomeMy WebLinkAboutZ-3387 Staff AnalysisFACTUAL INFORMATION August 28, 1979 Item 9 1. NEED AND/OR DEMAND The existing day-care center is established under the variance procedure of the Zoning Ordinance. The requested zoning would establish its long term legitimacy and provide the opportunity to transfer ownership of the center. 2. COMPATIBILITY WITH MUNICIPAL PLAN The requested zoning is not compatible with the existing City plans which indicate a desire to maintain nonresidential uses north of 12th Street -and hold the line of those uses existing south of 12th near the intersection of Fair Park Boulevard and near University Avenue. 3. EFFECT ON ENVIRONS Assuming the use of the existing structure, there is some doubt that adequate parking facilities can be provided. Some neighbors have suggested that parking for the day-care facility is inadequate, forcing the use of neighboring properties for brief periods of time. Normal office traffic demands would be greater on a continuing basis than those of a day-care center which has only peak hour demands. 4. I4EIGHBORHOOD POSITION Except for the comments about parking, no adverse comments have been received. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received from any reviewer. 6. UTILITIES/EFFECT ON No public utility has stated any adverse conditions. 7. EFFECT ON PUBLIC FINA14CES No particular fiscal impact is expected. August 28, 1979 Item No. 9 - Continued 8. LEGAL CONSIDERATIONS/REASONABLENESS The property abuts "F" Commercial zoning on the north and east. However, the lines delineating the nonresidential use areas seem well drawn at 12th Street and Taylor Street. Staff is concerned that if the line were to be shifted across Taylor Street, there is likely to be no place at which to stop the westward movement of nonresidential uses towards University Avenue along the south side of 12th Street. 9. STANDARDS OF QUALITY No standards of quality have been addressed by the applicant. 10. TRAFFIC AND STREET RIGHT-OF-WAY CONSIDERATION Taylor Street is a 40' right-of-way, and the applicant will be required to dedicate five feet. Traffic problems could result from the limited parking discussed above. ANALYSIS: Staff feels that the approval of the zoning request would signal a loss of the south side of 12th Street to nonresidential development between Fair Park Boulevard and University Avenue. This request is in conflict with existing plans and land use patterns within the area of the City. There does seem to be a problem connected with the provision for adequate parking within the proposed office use and day-care use now in operation. STAFF RECOMMENDATION Staff recommends denial. COMMISSION ACTION The applicant was present and presented a lengthy case, discussing the "E-1" zoning classification as stated in the ordinance and discussed neighboring uses to the property in question and the structural conditions of some of those neighboring properties. He stated that, although the owner is presently unable to supply the kind of parking and driveway space needed for a day-care facility that the property used as an office would be able to provide more than adequate parking. One opponent was present - Don Chambers. He complained to the Planning Commission that the applicant had misrepresented the neighborhood by claiming it to be in a somewhat rundown condition and stated his opposition to the zoning request. Bert Miller, August 28, 1979 Item No. 9 - Continued another neighboring property owner, was present. He did not express opposition, but did state his concern about the parking and the present use of the property. After a lengthy discussion, the Planning Commission moved to approve the application as filed. The motion failed: 1 aye, 8 noes, 1 absent and 1 abstention, Mr. Mathews abstaining. The application was declared to have been denied.