2004-01 REZONING PROPERTY - 1215 EAST PRAIRIE STREET

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Staff recommends denial of the petition based on the following: a) The proposed B-2 district is incompatible with surrounding residential uses including the residential properties to the east and south; the B-2 commercial district is not intended for use adjacent to, or as a buffer against, residential properties, b) The current neighborhood shopping designation on three corners of the intersection is consistent with acceptable levels of intensity, activity and the ' range of permitted uses for a commercial district within a residential neighborhood, c) Property to the north, while zoned B-2, constitutes an island of spot zoning in a contiguous district intended for neighborhood shopping uses; the existence of spot zoning does not justify further rezoning in the area, d) The parcel is of insufficient size to provide adequate developable area while meeting the Zoning Ordinance requirements for setbacks, buffer yards and landscaping, e) There is no shortage of vacant commercial property in the vicinity of the subject property, particularly along the Eldorado Street corridor, fl The property's past illegal use for automobile sales does not justify a prescribed change in land use, and g) Incremental rezoning of property to more intense commercial uses at this intersection will ultimately destabilize the established residential neighborhood immediately adjacent to the subject site. Mr. Smith questioned why the petition is being reheard. Ms. Miller stated that because of the tie vote the petitioner requested the City Council to rehear his petition. Mr. Smith questioned whether one corner was an auto cleanup shop. Ms. Stewart said that was correct. Leonard Hostetler, the petitioner,was sworn in by Ms. Jesse. Mr. Hostetler stated that the neighborhood has several commercial businesses. To the north of where his car lot would go is a car cleanup shop with a car lot and a restaurant. Further down Jasper Street, there is a used appliance store; to the west is a package liquor store, and on the other corner is a laundromat. To the south is another package liquor store. Within a two (2)block area there are suc (6)package liquor establishments and Shaw's Restaurant. Mr. Hostetler assured the commission that the property will have a nice and neat setting at all times. Mr. Hostetler stated he believes the recommendation was unfair. If the lot across the street is zoned for an auto repair shop where there are cars sitting around,why it would not be appropriate to have nice cars displayed for sale. Mr. Hostetler stated that the property would not be large enough to establish a tavern and that he has no intention of doing so. Mr. Hostetler thanked the commission and would appreciate their recommendation to forward to Council for this petition.