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HomeMy WebLinkAboutZ-4599 Staff AnalysisFebruary 25, 1986 Item No. 1 - Z-4599 Owner: Kenneth F. Porter Applicant: Same Location: 122 West 2nd Street (Mabelvale) Request: Rezone from "R-2" to "I-2" Purpose: Plumbing Shop Size: 0.49 acres Existing Use: Plumbing Shop (Nonconforming) SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Single Family and Industrial, Zoned "R-2" and "I-2" PLANNING CONSIDERATIONS: 1. The request is to rezone three lots in Mabelvale to "I-2." The site is currently used as a plumbing shop which is nonconforming. The plans are to maintain the plumbing shop and expand it at some point in the future. This proposed expansion cannot be accomplished without first having the property rezoned to an appropriate classification. The lots are located in a section of Mabelvale that has a number of different land uses, but in the immediate vicinity, the predominant use is single family. For the most part, the site is surrounded by single family residences with the exception to the northwest which is a conforming light industrial use. The conditional use to the east is a large church and there is a significant amount of nonresidential uses along West 3rd Street. Because of the land use in the immediate area, an "I-2" rezoning is questionable and should be carefully examined. 2. The site is made up of three typical residential lots and has one structure on it. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. February 25, 1986 Item No. 1 - Continued 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 on the site. The Mabelvale area was annexed to the City in 1979. 7. Mabelvale is part of the Otter Creek District Plan area. The plan recognizes the large industrial area to the west of the property in question, the existing "I-2" on the accompanying sketch and recommends residential uses for the land to the east of Elm Street. The request to "I-2" is in conflict with the adopted plan and staff does not support the rezoning. Allowing industrial zoning to encroach into blocks where that are primarily residential could create some potential problems. If this site and other nonconforming uses in Mabelvale are rezoned to "C-4" or "I-2," that pattern could have a very adverse impact on residential properties in the area. STAFF RECOMMENDATION: Staff recommends denial of the "I-2" request as filed. PLANNING COMMISSION ACTION: The applicant, Kenneth Porter, was present. There were four objectors in attendance. Mr. Porter addressed the Commission about his rezoning request. He said that he had been operating his business at the location for more than seven years, prior to the area coming into the City. He indicated that he wanted to add a metal building for additional storage but had problems because of expanding a nonconforming use. Mr. Porter then described the area and said that his proposal would be an improvement. He also described the site and what was taking place on it. There was a discussion about "I-2" in the general area and when the property was annexed into the City. Carlton Miller spoke in opposition to the rezoning and presented a petition with 33 names opposed to the "I-2" request. He said that the expansion could cause some problems and other nonresidential uses were a concern to the residents of the neighborhood. Mr. Porter made some additional comments and discussed the area at length. Mr. Miller said that the neighborhood wanted to remain residential and described some existing traffic problems. The Planning Commission then voted on the "I-2" request as filed. The vote - 0 ayes, 7 noes, 3 absent and 1 abstention (David Jones). The rezoning was denied.