Loading...
HomeMy WebLinkAboutZ-7589 Staff AnalysisApril 8, 2004 ITEM NO.: 5 FILE NO.: Z-7589 Owner: Pearl Peaster and Holy Cross Missionary Baptist Church Applicant: Larry Miller Location: 4724 West 12th Street (northeast corner of West 12th and Madison Streets) Area: 0.32 acre Request: Rezone from C-3 to C-4 Purpose: Used car business Existing Use: Vacant SURROUNDING LAND USE AND ZONING North — Single family residences; zoned R-3 South — Multifamily development (across West 12th Street); zoned PRD East — Mixed enclosed commercial uses; zoned C-3 West — Church (across Madison Street); zoned 0-3 A. PUBLIC WORKS COMMENTS: 1. West 12th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline (reduced standard) will be required. 2. The proposed land use would classify Madison Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. With future site development plans, provide design of street conforming to the Master Street Plan. Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 4. The current driveway location does not meet the traffic access and circulation requirements of Sections 30-43 and 31-210 and should be removed. Access should be from the alley on Madison Street or as approved in the site development plans. April 8, 2004 ITEM NO.: 5 Cont. FILE NO.: Z-7589 B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 3 (Baptist Medical Center Route). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the War Memorial, Forest Hills, Hope and Oak Forest Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 1-630 Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for C-4 Open Display Commercial for a used car lot. The request does not require a change to the Land Use Plan. However, due to the intense nature of C-4 zoning, the specifics of the site plan should be reviewed to assure the compatibility of the proposed development with the surrounding uses. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Stephens Area Neighborhood Action Plan. The section on Economic Development lists a goal of attracting businesses to the Stephens Area with the objective of attracting small business such as small retail stores and cafes. E. STAFF ANALYSIS: Pearl Peaster and Holy Cross Missionary Baptist Church, owners of the two (2) lots located at 4724 West 12th Street (northeast corner of West 12th and Madison Streets), are requesting to rezone the property from "C-3" General Commercial District to "C-4" Open Display District. The rezoning is proposed in order to develop a used car business on the property. The property is currently undeveloped. Two (2) concrete pads exist on the property, where buildings were once located. There is a paved alley along the north property line. There is also an existing driveway apron from West 12th Street. 2 April 8, 2004 ITEM NO.: 5 (Cont.) FILE NO.: Z-7589 The general area contains a mixture of uses and zoning along West 12th Street. Single family residences are located north of the site, with churches located across Madison Street to the west and northwest. A multifamily development (Madison Heights) is located across West 12th Street to the south. A mixture of commercial uses is located to the east, along the north side of West 12th Street. The City's Future Land Use Plan designates this property as commercial. The proposed C-4 zoning does not require a change to the Land Use Plan. Staff does not support the requested C-4 zoning. Although the property is shown as commercial on the City's Future Land Use Plan, it is located at the far west end of the commercial area along West 12th Street, specifically the north side of West 12th Street. This end of the commercial area is adjacent to single family, multifamily and public/institutional uses and zoning. Staff believes that an open display type use at this location will be out of character with the neighborhood. Staff feels that the C-3 zoned property would be much more appropriate for a small commercial use, such as restaurant, drug store or laundromat, which would serve the surrounding residential properties. Staff feels that an open display type use, such as a used car lot, will have a negative impact on the surrounding properties. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-4 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. At 7:00 p.m. the total number of Commissioners present at the meeting dropped to eight (8). According to Planning Commission Policy, Chairman Rahman offered a deferral to the April 8, 2004 Agenda to all remaining applicants. The Commission had previously determined to make the informal meeting of April 8, 2004 a public hearing, beginning at 4:00 p.m. The applicant asked that the application be deferred to the April 8, 2004 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays and 3 absent. 9 April 8, 2004 ITEM NO.: 5 [Cont. FILE NO.: Z-7589 PLANNING COMMISSION ACTION: (APRIL 8, 2004) Larry and Marilyn Miller were present, representing the application. Staff presented the item with a recommendation of denial. Larry Miller addressed the Commission in support of the application. He presented photos of the area to the Commission. He explained that he had a plan for a used car dealership on the property. He explained his proposed development of the property. Commissioner Meyer asked if the car dealership would be operated by a nearby church. Mr. Miller stated that it would not. Commissioner Allen asked how many cars would be displayed on the property. Mr. Miller stated that there would be 20 or so. Commissioner Rector noted that Mr. Miller's development plan for the property would not be binding for other future owners of the property, given the fact that straight C-4 zoning is requested. Marilyn Miller addressed the Commission in support of the application. She referenced other used car dealerships in the area. Commissioner Lowry asked if the applicant could amend the application to a PCD zoning. The issue of a PCD zoning for the property was briefly discussed. Dana Carney, Planning and Development, suggested withdrawing the application and refiling as a PCD. The issue was discussed further. Commissioner Allen asked the Millers if they would withdraw the application. Mr. Miller asked that the application be withdrawn. A motion was made to withdraw the application. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was withdrawn. A second motion was made to waive the filing fee for a PCD application, if filed within three (3) months. The second motion, passed by a vote of 10 ayes, 0 nays and 1 absent. C!