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<br />REZONE REQUEST R89-007 <br /> <br />Requested For: <br /> <br />A 4.8738 acre tract out of the south <br /> <br />feet, more or less, of La Porte Outlots <br />699 and the vacated road lying between <br />outlots and further described as <br />Underwood Road (See Exhibits A & B) <br /> <br />300 <br />698 & <br />said <br />3900 <br /> <br />Present Zoninq: <br /> <br />R-1, Low Density Residential <br /> <br />Requested Zoninq: <br /> <br />General Commercial <br /> <br />Requested By: <br /> <br />Michael A. Fisco, AAA Flexible Pipe Cleaning <br />corporation, representing Mary D. Fisco, <br />owner <br /> <br />Backqround: <br /> <br />The tract in question is presently occupied by AAA Flexible <br />Pipe Cleaning Corporation. The company has operated in this <br />location since the early 1970's. The company has been classified <br />as a legally pre-existing non-conforming use since the City's <br />annexation of the Spenwick/Collegview area in 1984. The zoning <br />of both this tract and surrounding property has been residential <br />in nature since the time of annexation. <br />AAA Flexible Pipe Cleaning primarily operates this facility <br />as an office and truck terminal. The Standard Industrial <br />Classification number for this activity is 4212 (Motor Freight <br />Transportation and Warehousing). Zoning Ordinance #1501 lists <br />this type of business as a permitted use only in Light Industrial <br />and Heavy Industrial zones. <br />As noted, the current zoning of this tract is R-1, Low <br />Density Residential. The applicant's are seeking a rezoning to <br />General Commercial. To the best of staff's knowledge, no change <br />of use has been proposed for the tract. It should be noted that <br />granting the requested rezoning would not change the non- <br />conforming status of the applicant's business. <br />The tract in question is surrounded on all four sides by <br />residentially zoned property which has an underlying land use <br />designation of Low Density Residential, and to the north, Mid to <br />High Density Residential (See Exhibit C). <br />This request is contrary to the intent of the Comprehensive <br />Plan and must be determined ~hether or not amending the Plan is <br />~arranted. There are two basic criteria, either one of which <br />will justify modifying the Comprehensive Plan. These are as <br />follows: <br /> <br />1. <br /> <br />It can be demonstrated that the judgement <br />used in determining the present zoning and <br />designations was flawed or in error. <br /> <br />and logic <br />land use <br />