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HomeMy WebLinkAboutZ-4627 Staff AnalysisApril 22, 1986 Item No. 4 - Z-4627 Owner: James H. and Janet Adams Applicant: James H. Adams Location: 7214 Asher Avenue Request: Rezone from "C-3" to "I-2" Purpose: Tire and Heavy Equipment Company Size: 0.72 acres Existing Use: Tire and Heavy Equipment Company (nonconforming) SURROUNDING LAND USE AND ZONING: North - Commercial, Zoned "C-3" South - Commercial, Zoned "C-3" East - Commercial, Zoned "C-3" West - Single Family, Industrial, Zoned "C-3" PLANNING CONSIDERATIONS: 1. This rezoning issue is before the Commission because of an enforcement action, establishing a use on the property prior to obtaining the necessary zoning. The use is truck storage and associated with the nonconforming industrial operation to the west. The property is located on Asher Avenue west of Rock Creek. The land use in the area is fairly mixed with nonresidential uses restricted to Asher for the most part and the residential uses off Asher. The primary use found along Asher is commercial with nonconforming industrial uses to the west and east which is an Arkla facility. Also, in the neighborhood, there are two major public uses, a school and post office branch currently under construction. This section of Asher does not lend itself well to being a mix of commercial and industrial uses because of the single family neighborhoods and the existing zoning which is either "R-2," "C-3" or "C-4." 2. The site is occupied by two structures and used for storage of vehicles., At one time, the two buildings were used as eating establishments. April 22, 1986 Item No. 4 - Continued 3. Asher Avenue is identified as a principal arterial on the Master Street Plan, so dedication of additional right-of-way will be required because the existing right-of-way is deficient. 4. There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. The only documented history on the site is the current enforcement action by the City. Staff has received several calls and some concern was expressed over the possibility of an industrial rezoning at this particular location. 7. The area is part of the Boyle Park District, which identifies the property for commercial use. Staff feels that a "C-3" or "C-4" classification is better suited for the site and "I-2" rezoning could have an adverse impact on the neighborhood. Also, should the "I-2" be granted, it would create a spot zone. The property in question is somewhat unsightly, and it appears that is due in part to the site being too small for the use. The area is more appropriate for commercial or service commercial and not an industrial use such as this. STAFF RECOMMENDATION: Staff recommends denial of the 11I-2" request as filed. PLANNING COMMISSION ACTION: The applicant, James Adams, was present and represented by Josh McHughes. There were three objectors in attendance. Mr. McHughes addressed the Commission discuss the immediate area including the property to the west also owned by Mr. Adams. Mr. McHughes went on to describe the use of the property which he referred to as truck sales. Kenny Scott of the Zoning Enforcement Office then spoke and said that the City was in court with Mr. Adams concerning the property in question. There was a long discussion. A motion was presented to defer the request to the May 27, 1986, meeting because of the court action. After additional comments, the motion was withdrawn. Mr. McHughes spoke again and discussed the site and area in detail. Several statements were made by Mr. Scott and Pat Benton of the City Attorney's Office concerning the enforcement issue. Evelyn Stafford then addressed the Commission and indicated her opposition April 22, 1986 Item No. 4 - Continued to the "I-2" rezoning. She said that it would impact property value in the neighborhood and described the junk that was being kept on the rear portion of the property. Mr. McHughes made some additional comments. The Commission then voted on the "I-2" rezoning as requested. The vote 0 ayes, 9 noes and 2 absent. The rezoning was denied.