2001-30 REZONING PROPERTY 2455 EAST PERSHING ROAD

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Excerpts from Minutes of the April 5, 2001 City Plan Commission Meeting Cal. No. 01-09 Petition of DEBRA J. BARGER, 961 West William Street, to rezone the premises at 2455 EAST PERSHING ROAD from R-1 Single Family Residence District to B-1 Neighborhood Shopping District. Mrs. Stewart presented the recommendation of staff: The Plan Commission considered rezoning of this property from R-2 to B-1 at the March 1 meeting. At that time, there were some concerns from a neighboring property owner as well as from City Staff. It was suggested by the Commission that the petitioners consider O-1 rezoning instead of the more intense B-2 zoning. The petitioners agreed to amend their petition to O-1. If said property were to be rezoned to O-1 the following ordinance requirements would have to be met: a. A site break fence would need to be provided along the south and west ends of the property, not less then four(4) feet nor more then six (6) feet. b. Parking would not be allowed in the front yard along either street (E. Pershing and 25th Street), since the property is a corner lot. Zoning regulations require that two 25 foot side yard setbacks be provided on the north and east sides of the property, therefore placing any and all parking in the back of the property. c. There would have to be a minimum of 4 parking stalls including one handicapped space. d. The access drive to the parking shall be 24 feet in width or two 12 feet directional drives. There have been several recent O-1 rezonings to the east (27�' and Pershing). The most recent rezoning was in July, 2000. The petitioner has amended her petition to rezone one lot totaling .321 acres, to O-1, Office District. The petitioner has indicated that the lot will be used for Office use and will house an EEG lab (clinic to test brain waves). Although staff continues to have concerns about this rezoning, it is consistent with earlier approvals on the same street. The O-1 District is less intrusive than the originally proposed B-1 District and provides adequate screening for the surrounding residential uses. Therefore, staff does not object to the proposal. Mr. Eric Kelly, Ms. Barger's fiance, was present and spoke for the petition. Mr. Kelly stated that the property would be used as an EEG lab. He stated that there would be daytime traffic and he felt the use would be non-intrusive to the neighborhood. There would be a four to six foot sight break fence constructed for the neighbors.