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HomeMy WebLinkAboutZ-4627-A Staff AnalysisOctober 17, 1989 Item No. A - Z -4627-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: James H. and Janet Adams James H. Adams 7214 Asher Avenue Rezone from "C-3" to "C-4" Storage of vehicles and dumpsters 0.72 acres Storage of vehicles and dumpsters SURROUNDING LAND USE AND ZONING: North - Commercial, zoned "C-3" South - Commercial, zoned "C-3" East - Commercial, zoned "C-3" West - Single family and industrial, zoned 11C-3" STAFF ANALYSIS: The request is to rezone the property at 7214 Asher Avenue from "C-3" to "C-4". The land is currently being used for the outside storage and is attached to the business located directly to the west, a nonconforming industrial use. In addition to the storage aspect, there are two structures on the site. The property is located west of Rock Creek and just east of where West 40th Street intersects Asher Avenue. This rezoning issue is before the Commission as the result of a court case. In 1986, the owner submitted an "1-2" application for the same piece of property. Both the Planning Commission and the Board of Directors denied the rezoning request and the City's action was appealed to court. Recently, the suit was dismissed with the understanding that the owner would file a 11C-4" request. (Because of the outside storage on "C-3" land, there has also been some enforcement action by the City which was resolved in court.) 1 October 17, 1989 Item No.A -...Z-4627-A (Continued) Land use is a mix of residential and nonresidential which includes a church, retail, service commercial and industrial. There are also two public uses in the general vicinity, an elementary school and a post office facility. The nonresidential uses are confined to the Asher frontage for the most part, and the residences are removed from Asher Avenue. Existing zoning found in the area is "R-2", 1113-311, "13-511, "0-311, "C-3" and "C-41'. Over the years, the City has endorsed a zoning configuration of "C-3" and "C-4" along this section of Asher, and staff feels that the proposed "C-4" conforms to the established pattern. The Boyle Park Land Use Plan identifies the area for commercial uses and not industrial, so the request conforms to the adopted plan. Staff's support of the "C-4" reclassification does not necessarily endorse what is taking place on the property, and strongly recommends that the site be cleaned up and made to conform to the "C-4" District. For the benefit of the owner, the "C-4" Development Criteria section states: "Unless otherwise specifically provided in this section, the following development criteria shall apply to this district: (1) All yards unoccupied by buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in orderly condition. (2) All the lots used for parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner than no dust will be produced by the continued use. (3) All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building. 2 October 17, 1989 item No. A - Z -4627-A _(Co_nt.inued) (4) No article or material stored or offered for sale in connection with the permitted or conditional uses listed herein shall be stored or displayed outside the confines of a building unless it is so screened by a permanent opaque screening fence or wall so that it cannot be seen from the adjoining lot. The following screening and display criteria shall apply to uses located in the "C-4" Open Display District: a. The height of any opaque screening fence or wall shall not be less than six (6) feet. b. Automobile, truck, tractor, mobile home, boat, or motorcycle sales areas are not required to screen fully assembled merchandise which is ready for sale. C. No permanent open display will be permitted on sidewalks or public right-of-way. d. Automobile service stations shall be permitted open display of merchandise commonly sold by such operations as long as the area of said display is not taller than the building nor larger than an area equal to one-half of the facade area of the front of the building. e. Automobile service stations may be used for storage of rental trucks or trailers provided. However, the storage space shall be paved and shall not exceed 4,000 square feet in area and the above screening requirements are met. (5) There shall be no open display of any kind whatsoever in the first twenty (20) feet of the required front yard setback." 3 October 17, 1989 1-tem.._No. A-- (Continued ) The property is somewhat unsightly (an eyesore, according to several property owners in the area) and upgrading the site would be a worthwhile improvement to the Asher Avenue corridor. ENGINEERING COMMENTS: Asher Avenue is a principal arterial and has a right-of-way standard of 110 feet, or 55 feet from the center line. Dedication of additional right-of-way will be required. STAFF RECOMMENDATION: Staff recommends approval of the "C-4" request as filed. PLANNING COMMISSION ACTION: (October 3, 1989) ........... ........................ ........ --.-.......................... . . The owner, James Adams, was represented by Josh McHughes,---,: attorney-at-law. There were four objectors in attendance. Mr. McHughes spoke and described the current situation as being an area for the storage of trucks and empty dumpsters. Mr. McHughes went on to discuss Asher Avenue and indicated that the owner agreed to meet the 11C-4" requirements. There were several questions and a long discussion followed. Doris Morgan, a property owner to the east, objected to the rezoning. Ms. Morgan said the subject property looked bad and it was more of a junkyard. She indicated that "C-4" would not improve the existing situation nor help Asher Avenue. Ms. Morgan described the site as an eyesore and said that it was having an impact on other properties. Ms. Strack of 3900 Blount Road spoke against the "C-4" rezoning and said that she was representing five other property owners. Ms. Strack described the property under consideration and said that she understood that the site would be fenced. She also pointed out that the property was a potential safety hazard because of Wilson School and the children walking through the site. Stephen Giles of the City Attorney's office discussed the court case and some history of the site. He said certain steps would be taken to clean up the property. Josh McHughes made some additional comments and answered some questions. 4 October 17, 1989 Item N o . A 7 Z-4 6 27-A�Co n t j nu.ed� Bob Brown, representing the City's Enforcement Staff, said that the Enforcement Office felt the use was industrial and not "C-4". Richard Wood of the Planning Office then read from the development criteria section of the "C-4" district. Additional comments were offered by various individuals, including Ms. Strack and Mr. McHughes. Ms. Strack asked several questions about fencing and said the residents were willing to work with Mr. Adams. There was a long discussion about the "C-4" District and the nonconforming status of the adjacent property. A motion was then made to recommend approval of the "C-4" rezoning. The vote was 3 ayes, 4 nays, 3 absent and 1 abstention (Martha Miller). The item was automatically deferred for two weeks to the October 17, 1989 meeting because of failing to receive 6 votes in the affirmative or the negative. NG COMMISSION ACTION: (October 17 1989) .........ANN..I..._.._..__...................................................... I............................ , Josh McHughes was present as was James Adams, the owner. There was one interested property owner in attendance. Mr. McHughes made some brief comments and indicated that Mr. Adams agreed with conforming to the "C-4" development criteria. 'At this point, staff reviewed and read into the record the Development Criteria section for the "C-4" District. Doris Morgan, a nearby property owner, spoke and said she was not against the "C-4" rezoning but had significant problems with the way the property looked. Ms. Morgan then presented some photos of the area. Kenny Scott of the City's Enforcement staff then responded to several questions about landscaping and use of the property. Comments were also offered by various Commissioners about landscaping and screening the site. Josh McHughes spoke again and made statements about the rezoning and other properties in the immediate area. A motion was then made to recommend approval of the 11C-4" rezoning. The vote was 3 ayes, 6 nays and 2 absent. The motion failed and the "C-4'" request was denied. 3 r' April 22, 1986 Item No. 4 - -4627 Owner: Applicant: Location: Request: Purpose: Size: C James H. and Janet Adams James H. Adams 7214 Asher Avenue Rezone from "C-3" to "I - Tire and Heavy Equipment 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,n "C-3" or "C—.4.19 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. M 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 "I-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. Thethen voted on the "I-2" rezoning as requested. Themvoteissl0n ayes, 9 noes and 2 absent. The rezoning was denied.