HomeMy WebLinkAboutZ-5218 Staff AnalysisAugust 22, 1989
Item No. 5 - Z-5218
Owner: James & Patricia King and
William & June Walker
Applicant: James K. Dickinson
Location: 2911 & 2913 West 12th Street
Request: Rezone from 11R-3" and "R-4" to "C-3"
Purpose: Commercial development
Size: 0.31 acre
Existing Use: Single Family
SURROUNDING LAND USE AND ZONING:
North - Single family and commercial, zoned "R-3"
and "C-3"
South Single family, zoned "R-3" and "R-4"
East - Single family, zoned "C-3"
West - Single family, zoned "R-3"
STAFF ANALYSIS:
This application involves two residential lots and the request
is to rezone them from "R-3" and "R-4" to "C-3" for a retail
use, auto parts and accessories. If the commercial
reclassification is granted, the proposal is to combine the
two lots in question with the two lots to the east that are
already zoned "C-3" and create one unified building site for a
single structure. The property is situated in close proximity
to the West 12th and Woodrow intersection and both lots have
single family residences on them. Based on a field check of
the site, the two houses are structurally sound and appear to
be occupied at this time as are the two residences to the
east.
As with many of the older neighborhoods, the zoning is very
diverse and there is no established pattern. The existing
zoning found in the area includes "R-3," "R-4,91 "R-5,11 "O-3 "
"C-1," "C-3" and "1-2" with the two lots abutting "R-3," "R-4"
and "C-3." Across West 12th, the existing zoning is "R-3" and
"C-3." Land use is very similar and includes residential,
various types of commercial uses and a church. The site under
consideration adjoins single family on all sides and, in fact,
the entire block is residential.
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August 22, 1989
Item No. 5 - Z-5218 (Continued)_T
The Stephens School Plan is the adopted plan for the
neighborhood and the land use element shows all the lots in
the block for single family use, including the two lots
zoned "C-3." Staff's position is that the plan's concept
needs to be maintained and cannot offer support for the
proposed commercial reclassification. Allowing the
commercial line to move to the west could have an adverse
impact on the surrounding properties and establish
undesirable precedent for the neighborhood. The block is
working for residential uses and the plan's direction should
be reinforced by denying the requested reclassification.
One final item that needs to be mentioned is the potential
removal of good housing to allow a questionable commercial
development. Some thought needs to be given to the cost of
displacing residential uses versus the benefits gained from
allowing a commercial use on occupied residential lots.
ENGINEERING COMMENTS:
None reported.
STAFF RECOMMENDATION:
Staff recommends denial of the "C-3" rezoning request.
PLANNING COMMISSION ACTION: (August 22, 1989)
The applicant, Jim Dickinson, was present. There were
several interested persons in attendance. Mr. Dickinson
said the existing structures were in fair condition and then
described the area's zoning and land use. He submitted
several photos to the Commission and said Chief Auto Parts
was the proposed user for the property and they would have a
maximum of seven employees. Mr. Dickinson said Chief was a
neighborhood oriented business and the site would be well
maintained. He also indicated that the tax base would be
increased to approximately $3600. Mr. Dickinson said
Lots 1, 2 and 4 were rental property and Lot 3 was owner
occupied but was in bankruptcy court.
Peter Hornibrook, a real estate agent, discussed the request
and presented some letters from a church and neighbors
supporting the request. He then proceeded to read from one
of the letters which indicated that West 12th and Woodrow
was one of the worst intersections in the City and the
rezoning would help cut down on crime.
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August 22, 1989
Item No. 5 - Z-5218 (Continued)
Jim Dickinson spoke again and said the site had good access
because of its being on a corner. He also indicated the
property could be replatted into one lot.
Randall Mitchell, owner of the lot directly to the west,
said he had some problems with the proposed use (auto parts)
because he purchased Lot 5 for residential use. Mr.
Mitchell told the Commission that he made application to the
City for a rehabilitation loan and his plans were to
rehabilitate the structure into two rental units.
Jim Dickinson said that he was willing to increase the
landscaping along the west side of the property. He also
said that Lot 4 would primarily be a buffer area and provide
adequate separation between the residential and commercial
uses.
Randall Mitchell said he was concerned with noise and if the
rezoning would have any impact on getting the grant from the
City. Mr. Mitchell also said that he would not want to live
next to an auto parts store.
Steve Canada with Chief Auto Parts told the Commission that
all the store activity was within the building and no auto
service nor tool loaning was permitted. Mr. Canada said
Chief would create less noise than the Circle K on the other
corner.
Jim Dickinson then indicated that a 30 foot buffer along the
west side of Lot 4 would be provided with a fence, new sod
and plantings.
At this point Ed Stanfield, the City's Community Development
Block Grant manager, addressed the Commission and answered
several questions about the rehabilitation grant. Mr.
Stanfield said the program was for investor owned rental
property and the rezoning would not effect the City's
decision on the grant application. He went on to say that
the money, technically, was not a grant but a loan and
explained the details of the program.
Comments were offered by various individuals and Mr.
Mitchell said that some rehabilitation was already taking
place in the neighborhood.
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August 22, 1989
Item No. 5 - Z-5218 (Continued)
A motion was made to recommend approval of the "C-3"
rezoning conditioned upon: (1) a one -lot replat being
filed; (2) a 30 foot buffer on the west side of the property
which is to be replanted with sod and landscaped; (3)
installation of an opaque fence on the west line; (4) the
30 foot buffer remaining at the same elevation as the
current elevation except for minor shaping on the frontage
to transition from the street level; and (5) a right-hand
turn lane on West 12th Street is to be installed. (All of
this was substantially shown on the site plan submitted to
the Commission for Chief Auto Parts at West 12th and Woodrow
dated August 15, 1989.) The motion was approved by a vote
of 6 ayes, 1 nay, 3 absent and 1 abstention (Kathleen
Oleson).
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