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HomeMy WebLinkAboutZ-6553 Staff AnalysisSeptember 17, 1998 ITEM NO.: 4 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Ernest Joshua, Sr. and Thelma Joshua Ernest Joshua, Sr. 4000 Asher Avenue Rezone from C-3 to C-4. Auto sales lot .728 acres Vacant lot SURROUNDING LAND USE AND ZONING Z-6553 North - Good Shepherd Church, St. Francis House and St. Francis Daycare; zoned 0-3 South - Multiple Light Industrial and Commercial uses; zoned I-2 East - Auto Sales and variety of Commercial uses; zoned C-3 West - Engine remanufacturer and multiple commercial - Uses; zoned C-3 PUBLIC WORKS COMMENTS 1. Asher Avenue is listed on the Master Street Plan, as a principal arterial with reduced•standard, dedication of right-of-way to 45 feet from centerline will be required. 2. Cedar Street is listed on the Master Street Plan as a collector street. Dedication right-of-way to 30 feet from centerline will be required. 3. South Elm Street and West 28`h Street will be commercial streets with zoning change. Dedicate right-of-way to 30 feet from centerline. 4. A 20 feet radial dedication of right-of-way is required at all four -corners. 5. With development, provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalk. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 7. Driveways shall conform to 31-210. No access will be permitted on Cedar and 28`h Street, one driveway only on Asher and one on Elm. September 17, 1998 ITEM NO.: 4 Cont. FILE NO.: Z-6553 PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA bus route. NEIGHBORHOOD ASSOCIATION NOTIFICATION The Love and Midway Neighborhood Associations were notified of the rezoning request. LAND USE ELEMENT This request is in the I-630 Planning District. The property is currently classified as Commercial on the Land Use Plan. A neighborhood plan, the Stephens Neighborhood Plan, has started in that area. While in conformance with the Land Use Plan, the presence of a residential area to the north shown as Public/Institutional on the Land Use Plan raises questions about the appropriateness of increasing the intensity. Additional buffering to the north would be necessary to screen the residential and daycare uses to the north. STAFF ANALYSIS The request before the Commission is to rezone this vacant .728± acre tract from C-3 General Commercial to C-4 Open Display District. The site is comprised of the block bounded by Asher Avenue, Elm Street, Cedar Street and West 28"' Street. The property was formerly occupied by a service station. After the service station closed, the building was used by other commercial uses. Some years ago the building was razed and removed. The site is vacant other than for asphalt paving and the concrete slab from the building. The applicant proposes to lease the property for use as a used car sales lot. The property is located on the north side of Asher Avenue in an area of intense commercial and industrial development. The properties to the east and west along Asher are zoned C-3, C-4 and I-2. A large area of I-2 zoned properties is located across Asher Avenue to the south. Uses in these areas are varied and include such businesses as auto sales, radiator repair, engine rebuilding and industrial/manufacturing. The 0-3 zoned block to the north of the site is occupied by Good Shepherd Episcopal Church, St. Francis House and St. Francis Daycare Center. This 0-3 zoned block and the adjacent C-3 zoned properties separate this site from the large residential neighborhood extending further to the north. The I-630 District Land Use Plan recommends Commercial for 2 September 17, 1998 ITEM NO.: 4 Cont. FILE NO.: Z-6553 the site. Staff believes that the C-4 zoning request is reasonable for this site. The Land Use Plan recommends commercial for the property. Appropriate locations for C-4 zoned properties are along heavily traveled major traffic arterials, of which Asher Avenue is certainly one. There is no adjacent residential property and the nearest residential is separated from this site by a block of 0-3 and C-3 zoned properties. The proposed use is compatible with uses and zoning in the area. The applicant should be aware of those concerns raised by Public Works and the Planning Staff regarding access to the site and buffering on the north. Those issues will be raised at the time the site is developed. STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning as conforming to the adopted Plan and being compatible with uses and zoning in the area. PLANNING COMMISSION ACTION: (SEPTEMBER 17,, 1998) Michael Joshua, president of J.M. Products, Inc., was present representing the application. There were no objectors present. Staff presented the item and a recommendation of approval. Mr. Joshua addressed the Commission in support of his rezoning request. He stated that he understood staff's concern about limiting access onto West 28`h Street and additional buffering on the north side of the property. Mr. Joshua stated that he would agree to make those issues a condition of the rezoning. He concluded by stating that J.M. Products and the Joshua family were involved in making improvements in the area. Commissioner Muse stated that he was on the Steering Committee working to develop the Stephens Neighborhood Plan. This property is located at the southern fringe of the plan area. Commissioner Muse stated that he felt it was the consensus of the committee to oppose this C-4 rezoning. In response to a question from Commissioner Berry, staff stated that the neighborhood plan would not be completed until after the first of the year (1999). Commissioner Berry stated that he did not feel it was appropriate to put a moratorium on rezoning requests while a neighborhood plan was in the process of being created. tl September 17, 1998 ITEM NO.: 4 Cont. FILE NO.: Z-5553 Commissioner Putnam spoke of the need to encourage new businesses and development in the area. Commissioner Downing noted that a large parking lot is adjacent to the west and asked what opposition there could be to another parking lot on this property. In response to a question from Commissioner Nunnley, staff stated that automobile sales lots were not permitted as a conditional use in the C-3 district. Commissioner Adcock asked if some upgrade in landscaping would be required. Dana Carney, of the Planning Staff, responded that a percentage increase in landscaping would be required based on the development of the property. Mr. Carney noted that Mr. Joshua had offered to increase buffering on the north property line and to restrict access onto West 28"` Street. There was a brief discussion about the neighborhood plan and whether it was appropriate to defer the item until the plan is completed. Commissioner Berry stated that he felt it was proper to act on the application at this time. A motion was made to approve the requested zoning with the following conditions offered by the applicant: 1. Additional buffering will be provided on the north perimeter of the property. 2. No access is to be taken from this property onto West 28`h Street. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. 4