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HomeMy WebLinkAboutZ-4578 Staff AnalysisNovember 26, 1985 Item No. 8 - Z-4578 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Ronald L. Clark Russell H. Clark 1201 South University Rezone from "C-3" to "C-4" Tire Display Store/Retail 0.8 acres Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and Commercial, Zoned "C-3" and "C-4" South - Vacant and Single Family, Zoned "R-2" and "C-3 East - Single Family, Zoned "R-2" West - Commercial, Zoned "C-3" PLANNING CONSIDERATIONS: 1. The request is to rezone the property to "C-4" to allow a Goodyear store. This will be the Goodyear store that is currently located at Park Plaza, but will have to relocate because of the future plans for Park Plaza. The site is situated at the southeast corner of West 12th and University, a major intersection with a very heavy traffic flow. There are a number of nonresidential uses in the immediate vicinity with a large single family neighborhood to the southeast. The zoning includes "R-2," 110-2," 110-3," "C-3," "C-4"'and "I-2" with "C-3" being the predominant nonresidential classification. The "C-4" that is directly north of the property in question is currently vacant, but some type of building is planned for the near future. Because of the site's location, it does lend itself to the use that requires high visibility such as Goodyear store, but at the same time it is a piece of property that has some unique circumstances that should be reviewed prior to the project being built. 2. The site is currently vacant and drops off dramatically from the University Avenue frontage to the east. November 26, 1985 Item No. 8 - Continued 3. There are no right-of-way issues or Master Street Plan requirements associated with this request. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. There is no documented neighborhood position or history on the site. 7. Staff's position is that the use is appropriate for the location, but has some reservations about "C-4" for the property. The use is not the issue but rather how the site is utilized and developed because of abutting some single family lots to the east and also some potential access problems. Staff is concerned that a "C-4" rezoning does not provide the necessary review to ensure that there will be no impact on the residential neighborhood and the site can accommodate the proposed use. The location gives the property good visibility, but it also makes the site somewhat difficult to work with. Because of these concerns, staff is recommending that the request be converted to a conditional use permit to allow for additional review of the site plan. The use, auto parts sales with limited motor vehicle parts installation, is a conditional use in "C-3." One final item is the Oak Forest Neighborhood Plan which shows commercial use for the property in question so there is no conflict with the adopted plan for the area. STAFF RECOMMENDATION: Staff recommends that the request be amended to a conditional use permit and that the action be deferred on it until December 17 to allow the Subdivision Committee to review -the site plan. PLANNING COMMISSION ACTION: The applicant, Russell Clark, was present. There were 3 objectors in attendance. Staff informed the Planning Commission that the required notices were not sent by certified mail. Mr. Clark spoke briefly and said that he had met with some of the residents of the neighborhood. Mr. D. Wright objected to the "C-4" rezoning and said he was concerned with certain uses permitted in the "C-4" district. There was a long discussion about the various issues and utilizing a conditional use permit for the property. November 26, 1985 Item No. 8 - Continued Mr. Clark agreed to amending the application to a Conditional Use Permit. A motion was made to amend the request to Conditional Use Permit and waive any additional filing fees. The motion was approved by a vote of 10 ayes, 0 noes, 1 absent.