HomeMy WebLinkAboutZ-4735 Staff AnalysisNovember 25, 1986
Item No. B - Z-4735
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Union National Bank
Bobby J. Kelley
East 10th and Kirspel
Northeast Corner
Rezone from "R-3" to "C-3"
Commercial/Parking
0.34 acres
Vacant
SURROUNDING LAND USE AND ZONING:
North
- Single
Family,
Zoned "R-3"
South
- Airport, Zoned
"I-2"
East
- Single
Family,
Zoned "R-3" and "I-2"
West
- Single
Family,
Zoned "R-3"
PLANNING CONSIDERATIONS:
1. The issue before the Planning Commission is to rezone
two lots from "R-3" to "C-3" for a commercial use.
Currently, the lot at the corner of East 10th and
Kirspel is zoned "C-3" and occupied by a vacant
building. In the past, that structure has been used
for a number of commercial uses including a restaurant.
It is the staff's understanding that the applicant
would like to open another eating establishment and
provide adequate parking. The applicant has mentioned
the possibility of removing the existing building and
redeveloping all three lots with the structure being
placed on the two lots being considered for rezoning
and providing parking on the third lot. The
neighborhood is zoned primarily for residential uses
with the exception of several sites along West 10th and
one "I-2" lot to the north on Kirspel which is vacant.
The nonresidential zoning which is found to the east of
the site is "C-3" and "I-2." Some of those properties
have commercial or industrial uses and others are
vacant. The most recent rezoning requests, Z-4058 and
Z-4409 were denied by the City because of potential
impacts on the neighborhood. Both of those were for
commercial reclassifications.
2. The site is two residential lots, each one being 35' x
140,' and both are vacant.
November 25, 1986
Item No. B - Continued
3. There are no right-of-way requirements or Master Street
Plan issues 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 history or neighborhood position
on the site.
7. As with the previous commercial rezoning requests in
the neighborhood, staff is concerned with the potential
for adverse impacts and does not support the "C-3"
rezoning proposal. Allowing the existing commercial
zoning to expand to the north is undesirable and could
create some problems for the immediate neighborhood
which is fairly stable. The current nonresidential
zoning in the area is misplaced and should have never
been accomplished because those locations have not
helped the area. If the applicant wishes to upgrade
and redevelop the site, there is another option
available that will allow use of the lots without
rezoning them. The Board of Adjustment has the power to
approve parking on land zoned for residential uses such
as is the situation in this case. Staff is more
comfortable with this approach because it provides for
a more detailed review and restricts the use to parking
only. Through this review, the residences to the north
and west can be offered some protection by ensuring
adequate buffering and screening.
STAFF RECOMMENDATION:
Staff recommends denial of the "C-3" request.
PLANNING COMMISSION ACTION: (9-23-86)
Staff informed the Commission that the necessary
notification materials had not been submitted and
recommended that the item be deferred. A motion was made to
defer the request to the October 28, 1986, meeting. The
motion was approved by a vote of 9 ayes, 0 noes and 2
absent.
PLANNING COMMISSION ACTION: (10-28-86)
Staff recommended that the item be deferred for thirty (30)
days. A motion was made to defer the request to the
November 25, 1986, meeting. The motion was approved by a
vote of 11 ayes, 0 noes and 0 absent.
November '2-5, 1986
Item No. B - Continued
PLANNING COMMISSION ACTION: (November 25, 1986)
Staff recommended that the item be withdrawn from
consideration. A motion was made to withdraw the request.
The motion was approved by a vote of 9 ayes, 0 noes, and
2 absent.