2004-01 REZONING PROPERTY - 1215 EAST PRAIRIE STREET

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ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM No. 04-OS January 07, 2004 TO: Honorable Mayor Paul Osborne and City Council FROM: Steve Gann�ity Manager Dane C. Bragg, AICP, Director of Economic and Urban Development�` Kathy J. Miller, AICP, Senior Planner �;'f� Joselyn A. Stewart, Transportation Planner�� SUBJECT: Request to rezone property from B-1,Neighborhood Shopping District and R-5, Two Family Residence District to B-2, Commercial District at 1215 East Prairie Avenue SUMMARY RECOMMENDATION: Staff recommends denial of the petition as proposed based on the following factors: 1. 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, 2. 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, 3. 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, 4. The parcel is of insufficient size to provide adequate developable area while meeting the Zoning Ordinance requirements for setbacks,buffer yards and landscaping, 5. There is no shortage of vacant commercial property in the vicinity of the subject property, particularly along the Eldorado Street corridor, 6. The property's past illegal use for automobile sales does not justify a prescribed change in land use, and 7. 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. The City Plan Commission voted 4-2 to recommend approval of this petition at the January 6, 2004 hearing; the minutes of the meeting are attached. BACKGROUND: On July 3, 2003 the City Plan Commission voted 5-3 to approve the rezoning of.48 acres (20,720 square feet) for a used car lot at the southeast corner of Jasper Street and Prairie Avenue. The rezoning was heard in front of City Council on July 21, 2003 where it was denied on a 3-3 vote.