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HomeMy WebLinkAboutZ-5305 Staff AnalysisZ-5305 Owner: Loyd Sullinger Applicant: Same Location: 4310, 4316 and 4320 West 12th Street Request: Rezone from "R-3" to "C-1" Purpose: Office and commercial Size: 0.50 acre Existing Use: Single family SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-3" South - Single family, zoned "C-3" East - Single family, zoned 11R-3" West - Single family, zoned "C-3" STAFF ANALYSIS: The site in question consists of three 50 foot lots and the request is to rezone them from "R-3" to 11C-111. At this time, there is a potential commercial user, a beauty shop, for only one lot (the middle one or 4316 West 12th). The lots are located on the north side of West 12th Street between Peyton and Lewis Streets which is about three blocks west of Cedar. There are single family residences on each of the three lots and it appears that two of the structures are occupied. Zoning in the area is made up of "R-311, "R-4119 "O-1", "0-3" and 11C-311. The existing 11C-3" at the northeast corner of Peyton and West 12th was rezoned in 1972 and there was some opposition from nearby residents. Since the early 1970's, there has been very little zoning activity in the neighborhood. The most recent rezoning was to 110-1" for a lot on West 11th and it was accomplished about five years ago. Also, there have been several conditional use permits approved for day care centers. 1 ., Z-5305 Continued Land use along West 12th is somewhat mixed with residential, office, commercial and a church. The most prominent commercial uses in the neighborhood are the Harvest Foods Store at West 12th and Lewis and a small strip center at the southwest corner of West 12th and Peyton. On the blocks to the south and north of West 12th, the land use pattern is primarily single family residences with one or two small offices and several day care centers. Over the years, the staff has been reluctant to endorse commercial reclassifications in Central City neighborhoods because of the potential negative impacts on the residential uses and other concerns. The Oak Forest Neighborhood Plan recognizes this and shows the property for continued residential use, and staff feels the adopted land use plan should be maintained by not rezoning the lots. It can be questioned whether adding to the inventory of commercial lots can be justified because there appears to be an ample supply of property zoned for commercial use that is not being utilized. The "C-3" lot directly to the west has a single family residence on it and none of the "C-3" lots on the south side of West 12th between Peyton and Lewis have commercial uses. Starting at Peyton on the south side of West 12th, the land use is a vacant commercial building, several single family residences, church parking and a church at Lewis and West 12th Street. Other issues that should be considered when reviewing this rezoning request are the potential for stripping out West 12th with a marginal development pattern and removing affordable housing from a Central City neighborhood. Every effort needs to be made to preserve the existing housing in the older neighborhoods and to avoid a wholesale commercial conversion to blocks with vacant, nonresidential structures. ENGINEERING COMMENTS: None reported. STAFF RECOMMENDATION: Staff recommends denial of the "C-1" rezoning for the three lots on West 12th Street. 2 Z-5305 Continued PLANNING COMMISSION ACTION: (March 27, 1990) The owner, Loyd Sullinger, was represented by Dennis Atkins. There were no objectors. Mr. Atkins said the properties in question have been upgraded and two of the lots, 4310 and 4316 West 12th, have been sold. He went on to say that 4310 would be used as a residence and 4316 was the proposed beauty shop location. Mr. Atkins said that Mr. Sullinger owned all four lots including the 11C-3" lot on the corner and 4320 was currently being rented. Dorothy Harmon, the prospective buyer of 4316 West 12th, then addressed the Commission. She said that she planned to live in the house and operate a one chair beauty shop in the back of the residence. Ms. Harmon said there would be a separate entrance and there were adequate area for parking. Gene Eberle, speaking for Mr. Sullinger, made some comments about the neighborhood and the existing zoning. Mr. Eberle said it was a good site for commercial development that was its highest and best use. He then officially withdrew 4310 from the request and asked the Commission to act on 4316 and 4320 West 12th. Comments were made about rezoning the lots to 110-1" and utilizing the conditional use permit process for the beauty shop. There were some discussion about 110-1" versus "C-1" and other possible options. Staff opposed any non- residential zoning for the location because of the adopted plan and potential impacts on neighborhood. Dorothy Harmon spoke again and said she wanted to be in a residential area and have a business with some control over it. She told the Commission that she has a offer and acceptance on the lot. Dennis Atkins then amended the request to 110-1" for 4316 and 4320 West 12th with the understanding that a Conditional Use Permit was needed for the beauty shop. After some additional comments, Mr. Atkins also agreed to deferring the issue to the April 24, 1990 meeting so the 110-1" rezoning and the Conditional Use Permit would be on the same agenda. A motion was made to defer the rezoning to the April 24, 1990 hearing. The motion was approved by a vote of 8 ayes, 0 nays, 2 absent and 1 abstention. (Kathleen Oleson) 3 Z-5305 Continue (Mr. Atkins was instructed to contact the staff about filing the Conditional Use Permit request and there would be no additional filing fee nor written notification of property owners.) 4 April 24, 1990 Item No. A - Z-5305 (Continued (Mr. Atkins was instructed to contact the staff about filing the Conditional Use Permit request and there would be no additional filing fee nor written notification of property owners.)` PLANNING COMMISSION ACTION: (April 24, 1990) The applicant was present. There were not objectors and the item was placed on the consent agenda. A motion was made to recommend approval of 110-1" for 4316 and 4320 West 12th Street as amended. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. March 27, 1990 Item No. 5 - Z-5305 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Loyd Sullinger Same 4310, 4316 and 4320 West 12th Street Rezone from 11R-3" to 11C-1" Office and commercial 0.50 acre Single family SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-3" South - Single family, zoned "C-3" East - Single family, zoned 11R-3" West - Single family, zoned "C-3" STAFF ANALYSIS: The site in question consists of three 50 foot lots and the request is to rezone them from "R-3" to 11C-111. At this time, there is a potential commercial user, a beauty shop, for only one lot (the middle one or 4316 West 12th). The lots are located on the north side of West 12th Street between Peyton and Lewis Streets which is about three blocks west of Cedar. There are single family residences on each of the three lots and it appears that two of the structures are occupied. Zoning in the area is made up of "R-311, "R -41t, 110-1119 110-3" and "C-311. The existing "C-3" at the northeast corner of Peyton and West 12th was rezoned in 1972 and there was some opposition from nearby residents. Since the early 1970's, there has been very little zoning activity in the neighborhood. The most recent rezoning was to "O-1" for a lot on West 11th and it was accomplished about five years ago. Also, there have been several conditional use permits approved for day care centers. 1 March 27, 1990 Item No.... 5 - Z-5305 ntinue Land use along West 12th is somewhat mixed with residential, office, commercial and a church. The most prominent commercial uses in the neighborhood are the Harvest Foods Store at West 12th and Lewis and a small strip center at the southwest corner of West 12th and Peyton. On the blocks to the south and north of West 12th, the land use pattern is primarily single family residences with one or two small offices and several day care centers. Over the years, the staff has been reluctant to endorse commercial reclassifications in Central City neighborhoods because of the potential negative impacts on the residential uses and other concerns. The Oak Forest Neighborhood Plan recognizes this and shows the property for continued residential use, and staff feels the adopted land use plan should be maintained by not rezoning the lots. It can be questioned whether adding to the inventory of commercial lots can be justified because there appears to be an ample supply of property zoned for commercial use that is not being utilized. The 11C-3" lot directly to the west has a single family residence on it and none of the 11C-3" lots on the south side of West 12th between Peyton and Lewis have commercial uses. Starting at Peyton on the south side of West 12th, the land use is a vacant commercial building, several single family residences, church parking and a church at Lewis and West 12th Street. Other issues that should be considered when reviewing this rezoning request are the potential for stripping out West 12th with a marginal development pattern and removing affordable housing from a Central City neighborhood. Every effort needs to be made to preserve the existing housing in the older neighborhoods and to avoid a wholesale commercial conversion to blocks with vacant, nonresidential structures. ENGINEERING COMMENTS: None reported. STAFF RECOMMENDATION: Staff recommends denial of the "C-1" rezoning for the three lots on West 12th Street. March 27, 1990 Item No. 5..- Z-5-305 Continued PLANNING COMMISSION ACTION: (March 27, 1990) The owner, Loyd Sullinger, was represented by Dennis Atkins. There were no objectors. Mr. Atkins said the properties in question have been upgraded and two of the lots, 4310 and 4316 West 12th, have been sold. He went on to say that 4310 would be used as a residence and 4316 was the proposed beauty shop location. Mr. Atkins said that Mr. Sullinger owned all four lots including the "C-3" lot on the corner and 4320 was currently being rented. Dorothy Harmon, the prospective buyer of 4316 West 12th, then addressed the Commission. She said that she planned to live in the house and operate a one chair beauty shop in the back of the residence. Ms. Harmon said there would be a separate entrance and there were adequate area for parking. Gene Eberle, speaking for Mr. Sullinger, made some comments about the neighborhood and the existing zoning. Mr. Eberle said it was a good site for commercial development that was its highest and best use. He then officially withdrew 4310 from the request and asked the Commission to act -on 4316 and 4320 West 12th. Comments were made about rezoning the lots to 110-1" and utilizing the conditional use permit process for the beauty shop. There were some discussion about 110-1" versus 9IC-1" and other possible options. Staff opposed any non- residential zoning for the location because of the adopted plan and potential impacts on neighborhood. Dorothy Harmon spoke again and said she wanted to be in a residential area and have a business with some control over it. She told the Commission that she has a offer and acceptance on the lot. Dennis Atkins then amended the request to 110-1" for 4316 and 4320 West 12th with the understanding that a Conditional Use Permit was needed for the beauty shop. After some additional comments, Mr. Atkins also agreed to deferring the issue to the April 24, 1990 meeting so the 110-1" rezoning and the Conditional Use Permit would be on the same agenda. A motion was made to defer the rezoning to the April 24, 1990 hearing. The motion was approved by a vote of 8 ayes, 0 nays, 2 absent and 1 abstention. (Kathleen Oleson) 3 ":o March 27, 1990 Item No. 5 - Z-5305. (Continued] (Mr. Atkins was instructed to contact the staff about filing the Conditional Use Permit request and there would be no additional filing fee nor written notification of property owners.) 4