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HomeMy WebLinkAboutZ-6161 Staff AnalysisAugust 1, 1996 ITEM NO_: C Z-6161 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Nikitia Hunter Nikitia Hunter 3205 Asher Avenue Rezone from R-3 to C-1 Convert existing structure into a beauty shop .5± acres vacant, single family residential structure SURROUNDING LAND USE AND ZONING North - Single family residence, vacant lots and dry cleaners; zoned C-3 and Word of Outreach campus; zoned R-3 and R-4 South - Single Family residences; zoned R-3 East - Vacant lot; zoned R-3 West - Single Family homes, zoned R-3 ENGINEERING COMMENTS Asher Avenue is a minor arterial street with a reduced right-of-way of 70 feet. Dedicate right-of-way to 35 feet from centerline. With construction on-site, construct half street improvements to Master Street Plan standards, including sidewalk. Provide paved on-site parking to accommodate proposed use. LAND USE ELEMENT The site is in the I-630 District. The adopted Land Use Plan recommends Single Family. The proposal is in conflict with the Plan. There has not been a change in the area to justify an amendment to the Plan. In fact, changes in the area (the church school across Asher) have made the area more single family friendly. STAFF ANALYSIS The request before the Planning Commission is to rezone this .5± acre tract from "R-3" Single Family to "C-1" August 1, 1996 ITEM NO.: C z-6161 Cont. Neighborhood Commercial. The property contains a small, frame residential structure and an accessory building. The applicant proposes to convert the residence into a beauty shop. The property is located on the northern edge of a small pocket of residential homes located south of Asher Avenue, north of Roosevelt Road and west of Roselawn Cemetery. All properties to the east, west and south are zoned R-3. Several of these R-3 zoned properties are vacant but many contain single family residences. A small area of C-3 zoning is located across Asher Avenue to the north. Only one lot is occupied by a business, a dry cleaners. The remainder of these C-3 zoned properties are vacant or, in one case, contain a single family home. The Word of Outreach church and campus occupies several R-3, R-4 and R-5 zoned properties to the west and northwest. The C-1 request is in Plan which recommends have been no changes commercial. STAFF RECOMMENDATION conflict with the adopted Land Use single family for the site. There in the area to justify a change to Staff recommends denial of the requested C-1 zoning. PLANNING COMMISSION ACTION: (JULY 18, 1996) The applicant, Nikitia Hunter, was present. There were no objectors present. Dana Carney, of the Planning Staff, presented the item and a recommendation of denial. Mr. Carney distributed copies of the Land Use Plan for the area and discussed the relationship of the property to the plan. He explained that the plan recommended residential for the site. Ms. Hunter addressed the Board in support of her application. She stated that the beauty shop would have 5 booths, employing herself and 4 other beauticians. Ms. Hunter discussed other non-residential uses in the area and pointed out that one of the remaining residences in the same block was owned by her mother, who was present in support of the item. Commissioner Putnam asked staff if a PCD would be acceptable. Mr. Carney responded that a PCD was still commercial zoning, which does not conform to the Plan. Commissioner Adcock asked when the Plan was last reviewed. Mr. Carney responded that the Plan was reviewed in response 2 August 1, 1996 ITEM No.: C Z-6161 Cant.1 to this zoning application. He stated that the Plan correctly reflected uses in the area. He described those uses in relationship to the Plan. In response to a question from Commissioner McCarthy, Ms. Hunter stated that there were several vacant lots and a vacant house located near her property. Commissioner Putnam asked if the Plan should be amended, if the Commission were to approve the rezoning. Jim Lawson, Director of the Department of Neighborhoods and Planning, responded that the Plan would need to be changed to support the requested C-1 zoning. Cindy Dawson, of the City Attorney's office, commented that the Commission could vote to amend the Plan first. Commissioner Hawn stated that he felt the proposed beauty shop would not harm the neighborhood and, in fact, might provide a service to the neighborhood's residents. A discussion then followed about the possibility of converting the application to a PCD. Commissioner Hawn stated that the item needed to be deferred to address the Land Use Plan, rather than rezone the property and amend the Plan at the same meeting. Commissioner Putnam discussed the deteriorating condition of the neighborhood and stated that he felt the rezoning would not have a negative impact on the neighborhood. Commissioner McCarthy asked why staff did not recommend changing the Plan. Mr. Lawson responded that staff reviewed the Plan in response to the zoning request and determined that there was no immediate need to change the Plan. A motion was made to direct the staff to conduct a further review of the plan. The motion was seconded. In response to a question from Commissioner Putnam, Ms. Hunter stated that she agreed to a two week deferral. Mr. Lawson noted that staff could very well return in two weeks with the same opinion regarding the Land Use Plan. Commissioner Lichty asked why a conditional use permit was not appropriate for this type of use. Mr. Carney stated that a beauty shop was not a permitted conditional use in the R-3 district. A vote was taken on the motion directing staff to review the Plan. The vote was 7 ayes, 0 noes, 3 absent and 1 open position. K, August 1, 1996 ITEM NO.: C Z-6161 Cont. A motion was made to defer the rezoning request to the August 1, 1996 Commission meeting. The vote was 7 ayes, 0 noes, 3 absent and 1 open position. PLANNING COMMISSION ACTION: AUGUST 1, 1996) The Chairman asked that staff present the item and its recommendation. Richard Wood, of the Staff, noted for the record that the applicant had entered the room and was present for discussion on this item. Wood identified the specific request and reminded the Commission that this item was deferred from the last zoning hearing. This due to discussion at the time concerning the potential need for further review of the neighborhood plan especially in light of the circumstances along Asher Avenue and the small residential pocket adjacent to this application. Wood then offered the floor to Tony Bozynski to present the Planning Staff's comments relative to their review of the plan for the area. Tony Bozynski, of the Planning Staff, came forward and presented the specifics of the staff's review of this area. Again, the Commission was reminded of the brief history of this item since July 18, 1996. Bozynski pointed out a graphic which he had erected for the Commission's attention. He identified the I-630 planning district which is the district that provides for the neighborhood plan for this area. He then proceeded to offer a geographic identity to various lines of streets and uses on the map. He specifically pointed out the residential pockets and the commercial strips that lie along Asher Avenue and Roosevelt Road. Bozynski then moved his comments to identifying areas that are zoned in the area, specifically the commercial and industrial. He stated that staff in utilizing raps has reviewed the neighborhood to determine that there had not been a substantial change in terms of demolitions, new structures and such. He stated that primarily staff found that this area south of Asher Avenue is a stable residential neighborhood. He stated that the primary change that was noted in this area has been the Word of outreach facility which is expanding on both sides of Asher Avenue at this time. Bozynski identified the specific location on the graphic. He stated that staff had considered some other possible areas for amendment on the plan map other than the issue at hand. Bozynski offered for the Commission's viewing a smaller scale map than the one he had displayed which offered the neighborhood land usage. He continued by saying that a reasonable plan amendment at this time would be to extend the existing Imo{ designation on the map to the east from the larger area to include the property in question. It would extend over to 26th Street 4 August 1, 1996 ITEM NO.: C z-6161 Cont. and then over to about Brown Street with a depth of approximately 200 feet along Asher Avenue. Bozynski stated that what we would be doing is very similar to what has been done on the north side of Asher and it appears that it has not had an adverse impact. He stated that staff feels the change would be appropriate and would help to stabilize the neighborhood. Bozynski then moved his comments to the designation of MX and identified what that land use designation included. It being residential office and commercial in a mix. He then stated that staff felt the C-1 commercial designation was appropriate. He then moved his comments to the north side of Asher and stated that staff is also offering some change in this area. The change to be recommended principally deals with recognizing the Word of Outreach facilities. The proposed change would be from the current multifamily designation to public and institutional use. Bozynski also identified another area that was showing commercial on the plan and would be changed to MX. He stated that it currently had an office use on it. Bozynski then moved his comments away from the specifics of the plan and stated that staff in reviewing these kinds of plans, request input from neighborhood associations. In this case he identified this was the Garland Neighborhood Association, which lies on both sides of Asher Avenue. He stated that, in a couple of phone conversations that he had discussed the proposal with David Adams from this association.' Mr. Adams is currently their president. Bozynski stated that should the Planning Commission recommend this zoning action and the plan change that the staff would like to set down with the neighborhood representatives and discuss these modifications -before the item proceeds to the Board of Directors. He stated that in his initial discussion with the neighborhood representative that they did not see any problems. In closing his remarks, Bozynski briefly went back over the several changes which would be recommended by staff. The issue was then passed to the Commission for questions. Commissioner Rahman posed a question as to what kind of zoning is allowed in MX district. Bozynski then responded by saying that zoning districts such as C-1 and Office districts are permitted as the nonresidential types. A second question from Commissioner Rahman was the C-1 inviting uses such as auto part stores to this area." Bozynski responded saying no. That type of use is not permitted in C-1. That type of use is typically located west of the split between Asher and Roosevelt in an area that is more commercial and industrial zoned. Commissioner Rahman then raised another questions as to whether or not it would be appropriate to have some type of buffering use 5 August 1, 1996 ITEM NO.: C z-6161 (Cont. between the MX on the plan and the single family. Bozynski indicated that the existing relationship was not buffered and would perhaps not be appropriate at this location. Commissioner Daniel then raised a question as to whether or not staff is changing its recommendation on the rezoning at 3205 Asher in as much as the staff had recommended the denial previously. He went on to say it appeared from looking at our write-up and what the MX change would allow that the C-1 would then be appropriate if the plan is amended. Bozynski's response was that the MX plan amendment, since it would allow C-1 uses, would then be appropriate for staff to recommend approval of the C-1 application. At this point, Commissioner Lichty gained the floor and asked the Chairman if it was possible for the Commission to proceed at this time with acting upon a recommendation on the land use plan and at the same meeting act on the rezoning application. "Is this appropriate procedure?" Commissioner Hawn gained the floor at this point and offered a motion. The motion being that the Commission waive their recent adopted procedural requirement on land use plan amendments in order to hear this item on the same occasion as the rezoning. Steve Giles, of the City Attorney's Office inserted a comment at this point. He said so long as the Commission acted on the land use plan first and the rezoning petition second that it would be appropriate. Commissioner Hawn then modified his motion somewhat by specifically addressing the land use plan of record in this area and especially showing mixed use in the area under consideration for rezoning. The motion was seconded. The vote on the motion was approval of the recommended land use plan amendment by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. The Chairman then placed the rezoning application on the floor for consideration. Commissioner Putnam at this point offered a motion of approval of the C-1 application as presented. The motion was seconded. A vote on the motion approved the zoning application to C-1 by a vote of 8 ayes, 0 nays, 2 absent and 1 open position. 6