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HomeMy WebLinkAboutZ-6186 Staff AnalysisSeptember 26,1996 Im-t7m N0. - E Z-6186 owner: Applicant: Location: Request: Purpose: Size: Existing Use: Marcus Elliott & Ramona Elliott Ramona Elliott 2717 West 12th Street Rezone from I-2 to C-3 Utilize existing building as beauty salon .17 acres Vacant building SpRRpIIN77TNG LAND USE AND ZONING North - Residential structure and church; zoned C-3 railroad right-of-way; South - Residential structure and East zoned I-2 - Railroad right-of-way; zoned I-2 commercial West - Vacant lot; zoned I-2 and various uses; zoned C-3 PIISLIC WORKS GpMMENTS Right-of-way for 12th Street is required to be 35 feet from centerline, dedicate that portion needed to bring to this MSP standard. Provide access agreements associated with access to property. Provide off street parking or provide information methodate to turn aroundrrathering othantrons backingtonto 12th an huStreet. method to PIIDLTC TRANSPORTATION ELEMENT The property is located on a CATA bus route which extends down West 12th Street. LAND USE ELEMENT The site is located in the I-630 District. The adopted Land Use Plan recommends Commercial. The request is for Commercial. There is no land use issue. September 26, 1996 Planning He rin ITEM N E-6186(Cont.) STAFF ANALYSIS The request before the Commission is to rezone this .1.7± acre tract from 1-1I-2" Light Industrial to ,c-311 General Commercial. The property is occupied by aone tory brick and block building which nearly covers the entire property. In fact, portions of the building extend beyond the property line on the east and west sides. The building has a front yard setback of 23± feet. This front yard area is paved. The building was formerly occupied by a construction company. The applicant proposes to convert the building into a beauty salon. The zoning pattern along this portion of west 12th Street is extremely varied, ranging from R-3 to C-3 and I-2. uses in the area are just as mixed, ranging from residential to a variety of retail commercial uses and auto related uses. Several of the Industrial uses which were located on the I-2 zoned properties appear to no longer exist. TheC-3 request is not out of character with this extremely varied The I-630 District Land Use Plan recommends Commercial for this site. The C-3 zoning request conforms to the Plan. Although the C-3 request conforms to the Plan and is not out of character for the area, the applicant needs to be aware that there is an issue which will affect the potential use of this site. There is no on-site parking. it that previous occupants parked either on the railroad right-of- way or on the I-2 zoned, gravel parking lot on the adjacent property to the west. Rezoning the property to C-3 will not relieve the applicant of the requirement to provide adequate on-site parking to serve the proposed beauty shop. doubt, a Board of Adjustment variance will be needed. STAFF RECOMMENDATION Staff recommends approval of the requested C-3 zoning. There is no Plan Issue. Staff again reminds the applicant that approval, of the C-3 zoning does not eliminate the requirement to provide ordinance required on-site parking to serve the proposed beauty shop. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) The applicant, Ramona Elliott, was present. There were no objectors present. Staff informed the Commission that the applicant had failed to follow proper procedure in notifying area property owners. September 26, 1996 Planning Hearing ITEM NO.: E Z-6186 Cont. Ramona Elliott advised the Commission that she had obtained a list of area property owners from an abstract company but had only mailed the notices on September 12, 1996. Chairman Woods commented that the item needed to be deferred and asked staff if it could be deferred to the September 26, 1996 meeting. Dana Carney, of the Planning Staff, responded that the deferral date was at the Commission's discretion. Jim Lawson, Director of Planning and Development, stated that the applicant could mail the notices September 13, 1996. Mr. Carney noted that the applicant would not be able to comply with the 15 day notice requirement if the item is deferred to September 26, 1996. Mr. Lawson responded that the Commission could waive the bylaws at the September 26, 1996 hearing to accept less than 15 days notice. The item was added to the Consent Agenda and approved for deferral to the September 26, 1996 meeting. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (SEPTEMBER 26, 1996) The applicant, Ramona Elliott, was present. There were no objectors present. Staff presented the item and informed the Commission that the applicant had mailed the required notices on September 13, 1996, as directed by the Commission. Staff offered a recommendation of approval of the C-3 rezoning request. A motion was made to waive the Bylaws and accept the notices being mailed less than 15 days prior to the public hearing. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. A motion was then made to approve the requested C-3 zoning. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 3