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HomeMy WebLinkAboutZ-3734 Staff AnalysisAugust 25, 1981 Item No. 7 - Z-3734 Owner: Applicant: Location: Request: Purpose: Size: Edwin F. Gray, M.D. John Lewis 623 South Pine Street Rezone from "R-4" Two Family to "0-3" General Office Ambulance Service 10,800 square feet + Existing Use: Ambulance Service SURROUNDING LAND USE AND ZONING North - Residential, Zoned "R-4" South - Vacant, Zoned "0-3" East - Residential, Zoned "R-4" West - Residential, Zoned "R-4" PLANNING CONSIDERATIONS Engineering points out that the proposal for street improvements tied to the V.A. Hospital Project would eliminate direct access to I-630 from this property because of a modification to Seventh Street in this location. The Zoning Enforcement Office has indicated that adequate parking cannot be provided on this site. The proposed zoning is in conflict with the adopted Woodruff Neighborhood Plan which shows this property within a larger area of low density multifamily use. Pine Street is a minor arterial on the Master Street Plan and right-of-way would be required. The applicant has indicated his willingness to provide the necessary right-of-way. Office zoning is located immediately south of this property along the interstate frontage and some of this land is vacant. Staff is opposed to moving this line and the land use plan for the area promoted by the area residents maintains the existing boundary. STAFF RECOMMENDATION Staff recommends denial on the basis of the Woodruff Neighborhood Plan. N August 25, 1981 Item No. 7 - Continued COMMISSION ACTION The applicant was present, represented by Gary Liles, an attorney. He made a presentation to the Planning Commission, stating that the property had been leased in December of 1980, for use as a hospital transfer ambulance service, which has only 9:00 a.m. to 5:00 p.m. operations. He stated that the zoning had been verified as "0-3" General Office prior to the time the lease was executed and stated that it was after the lease had been executed and the property occupied that they were told that it was not zoned 110-3" General Office. He stated that there were 12 parking spaces available where the Ordinance would only require five on-site, based upon the parking space per square foot ratio in the Ordinance, and he discussed the Woodruff Plan, particularly a statement which said that there would be future need for expanded nonresidential uses and that the probable location of these nonresidential uses would be near minor arterials which Pine Street is. Dr. Edwin Gray, the owner of the property, also spoke to the Planning Commission. Four persons spoke in opposition to the request, all of them neighbors of the immediate area. Richard Crouch, who lives to the east of this property, disputed the hours of operation and stated that 12 or more vehicles are typically parked on the site. All of the residents who spoke, including Dwight Evans and Kitty Evans, discussed the parking problems, the noise and the hours of operations. The applicant stated that normally there are eight vehicles present, and that neighbors have a right to have improperly parked cars moved and stated that the problems that were cited by the opponents relative to blocked driveways and other similar nuisances had been corrected prior to the day of the Planning Commission meeting. The Commission moved to approve the application as filed. The motion failed on a vote of 0 ayes, 9 noes and 2 absent. Z-3734 Owner• Edwin F. Gray, M.D. Applicant: John Lewis Location: 623 South Pine Street Request: Rezone from "R-4" Two Family to "0-3" General Office Purpose: Ambulance Service Size: 10,800 square feet + Existing Use: Ambulance Service SURROUNDING LAND USE AND ZONING North - Residential, Zoned "R-4" South - Vacant, Zoned "0-3" East - Residential, Zoned "R-4" West - Residential, Zoned "R-4" PLANNING CONSIDERATIONS Engineering points out that the proposal for street improvements tied to the V.A. Hospital Project would eliminate direct access to I-630 from this property because of a modification to Seventh Street in this location. The Zoning Enforcement Office has indicated that adequate parking cannot be provided on this site. The proposed zoning is in conflict with the adopted Woodruff Neighborhood Plan which shows this property within a larger area of low density multifamily use. Pine Street is a minor arterial on the Master Street Plan and right-of-way would be required. The applicant has indicated his willingness to provide the necessary right-of-way. Office zoning is located immediately south of this property along the interstate frontage and some of this land is vacant. Staff is opposed to moving this line and the land use plan for the area promoted by the area residents maintains the existing boundary. STAFF RECOMMENDATION Staff recommends denial on the basis of the Woodruff Neighborhood Plan. Z-3734 - Continued COMMISSION ACTION The applicant was present, represented by Gary Liles, an attorney. He made a presentation to the Planning Commission, stating that the property had been leased in December of 1980, for use as a hospital transfer ambulance service, which has only 9:00 a.m. to 5:00 p.m. operations. He stated that the zoning had been verified as "0-3" General Office prior to the time the lease was executed and stated that it was after the lease had been executed and the property occupied that they were told that it was not zoned "0-3" General Office. He stated that there were 12 parking spaces available where the Ordinance would only require five on-site, based upon the parking space per square foot ratio in the Ordinance, and he discussed the Woodruff Plan, particularly a statement which said that there would be future need for expanded nonresidential uses and that the probable location of these nonresidential uses would be near minor arterials which Pine Street is. Dr. Edwin Gray, the owner of the property, also spoke to the Planning Commission. Four persons spoke in opposition to the request, all of them neighbors of the immediate area. Richard Crouch, who lives to the east of this property, disputed the hours of operation and stated that 12 or more vehicles are typically parked on the site. All of the residents who spoke, including Dwight Evans and Kitty Evans, discussed the parking problems, the noise and the hours of operations. The applicant stated that normally there are eight vehicles present, and that neighbors have a right to have improperly parked cars moved and stated that the problems that were cited by the opponents relative to blocked driveways and other similar nuisances had been corrected prior to the day of the Planning Commission meeting. The Commission moved to approve the application as filed. The motion failed on a vote of 0 ayes, 9 noes and 2 absent.