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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.