2010-69 REZONING PROPERTY - 2091 NORTH OAKLAND AVE

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Excerpts from Plan Commission Minutes of September 2,2010: Cal.No. 10-25 Petition of JOHN W. RENFRO, to rezone property located at 2091 NORTH OAKLAND AVENUE from R- 3 Single Family Residence District to B-2 Commercial District and for a Conditional Use Permit. Mrs.Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The subject site is developed as a storage garage for Graceland-Fairlawn Funeral Home and Cemeteries. The petitioner proposes to rezone from R-3 Single Family Residence District to B-2 Commercial District and also requests a Conditional Use Permit to allow the use of a crematory in an accessory structure. A crematory is an allowed use in the B-2 District with a Conditional Use Permit. The petitioner plans to have a crematory in an existing metal building. The crematory will occupy 40 percent of the building and the remaining 60 percent will continue to be used as storage for cars and miscellaneous materials. The owner also plans to remodel the interior and exterior of the building. All interior and exterior structural changes of the building will comply with all city and state regulations. Section XXII.A.3. lists three standards which must be met in order to grant a conditional use permit. The first standard requires the applicant to show that the use is "necessary for the public convenience at the location." The proposed use is generally compatible with the neighborhood and provides a service which can be utilized by area residents eventually. The proposed use also meets the second standard. The facility is located and designed to be operated in a manner that the public health, safety and welfare will be protected. This use also meets the third standard. The facility will not cause substantial injury to the value of other properties in the neighborhood. The cemetery and funeral home have been located at this particular site for a number of years and it does not appear to have had an adverse effect on the neighborhood. The structure will be required to meet all applicable State codes and regulations. Based on the analysis, staff recommends approval of the rezoning and conditional use permit as submitted with the following condition: building plans shall be submitted to and approved by the Department of Planning and Building Services and the Fire Department. Section XXIX. and XXII.A.2. requires the Plan Commission to hold a public hearing on a Rezoning and Conditional Use Permit request, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 10-25 to the City Council with a recommendation for approval is suggested. Mr.John Renfro, petitioner,was sworn in by Mrs. Poland. Mr. Renfro said everything was summed up by staff and asked if the Commission members had any questions. There were no questions and no objectors present. It was moved and seconded (Livingston/Clevenger) to forward Cal. No. 10-25 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.