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HomeMy WebLinkAboutZ-4218 Staff AnalysisMay 29, 1984 Item No, 3 -- Z-4218 Owner: Applicant: Location: Request: Purpose: Size: Kentucky Fried Chicken M. L. Pinion 2301 South Broadway Rezone from "C-3" General Commercial to "C-4" Open Display District Used Car Lot 18,900 square feet Existing Use: Used Car Lot (Nonconforming) SIIRROTTNDTN(.' T,ANn TTRF ANn ZONTN(;- North - Church, Capitol Zoning District South - Duplex, Zoned "C-3" East - Industrial, Zoned "R-5" West -- Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: la The site is currently a used car lot, an illegal use. The property had been the former location of a Kentucky Fried Chicken franchise which is now located two blocks to the south at Broadway and Roosevelt. An eating place without drive-in services is a permitted use "C-3" but not a used car dealership. The property was vacant for some time after the restaurant relocated, then the existing use occupied the site within the last year. This rezoning request is a result of the action taken by the City's Zoning Enforcement Office informing the applicant that the used car lot is in violation of the Zoning Ordinance. It is the staff's understanding that two notices were sent to the applicant. If the rezoning is approved, the applicant plans to continue to operate the car dealership. A used car lot is an inappropriate use for this section of South Broadway and a "C-4" reclassification could create long-term problems for the neighborhood. 2. The property is developed with one building on it and paved areas. May 29, 1984 Item No. 3 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. (As of this writing, the applicant has not submitted the signed right-of-way agreement which is required for each rezoning application.) 4. There have been no adverse comments received from the reviewing agencies at this time. 5. There are no legal issues. 6. This section of South Broadway was part of the area covered by the original South Broadway Plan, the first neighborhood plan completed by the City. That plan proposed "F" Commercial zoning for this location which converted to "C-3", the current zoning. The old "F" Commercial district permitted car dealerships and that is why there is a used car lot on the northwest corner of West 23rd and Broadway. (West 23rd Street is the boundary for the Capitol Zoning District.) The property in question has been used for commercial activities for a number of years. In the past, residents of the South Broadway neighborhood have voiced strong objections to certain types of commercial uses and from recent discussions with various residents, the neighborhood is again opposed to this rezoning and use. 7. A used car lot and the required zoning district, "C-4", is not compatible with the area, and the staff does not support the request. The approval of this application will create a "C-4" spot zoning and could lead to an undesirable land use pattern. The South Broadway plan identified the location for commercial uses, but it appears that the intent was for uses that are more neighborhood oriented, not used car lots. A "C-4" reclassification is not part of the long-range plans for the area and could adversely impact some of the positive things that have taken place within the neighborhood over the last few years. The storage of vehicles is not the type of activity desired for the South Broadway neighborhood. Also, the visual appearance of a used car lot is of concern - STAFF RECOMMENDATION: Staff recommends denial of the request. May 29, 1984 Item No. 3 - Continued PLANNING COMMISSION ACTION: The applicant, Maurice Pinion, was present. There were approximately 20 objectors also present. The attorney for the applicant asked that the opposition be allowed to speak first and they would respond to their comments later on. Grace Keppel, representing her mother who lives across the street, spoke in opposition to the request and expressed many concerns. Mrs. Keppel also presented a letter from her mother to the Commission opposing the rezoning. Teresa Lynch of 2217 Spring Street was concerned with maintaining the viability of the neighborhood and the Capitol Zoning District's mansion area boundary. She stated that the use was having a visual and audio impact on the area and that the property had cars in all states of repair being stored on it. She was opposed to the rezoning because it could have an adverse impact on a neighborhood that was rebuilding itself. Martha Mashburn, a resident of South Broadway, since 1909 said there was pride in the neighborhood and this rezoning could reverse it. Cheryl Nichols of the Quapaw Quarter Association and the pastor of the church across the street spoke against rezoning. Jim Conner, a resident of South Broadway, suggested that an effort should be made to change the existing "C-3" zoning to avoid similar situations. John Jarrard presented the viewpoint of the developer and stated that the rezoning to "C-4" and a used car lot could jeopardize existing and future investments in the area. David Chambis and Lois Hughes, property owners in the area, were also opposed to the rezoning. Mike Smith, attorney for the applicant, stated that his client would like to work something out with the neighborhood and requested a deferral. No motion was made to defer the item. Mr. Smith then addressed the concerns raised by the objectors and felt that a compromise could be reached. The applicant's privilege license was discussed because it was for a repossession agency and storage. After a lengthy discussion, a motion was made to recommend approval of the request. The motion failed for a lack of affirmative vote. The vote - 0 ayes, 9 noes, 1 absent and 1 abstention (Jerilyn Nicholson). The request was denied.