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Z-5544 Staff AnalysisApril 21, 1992 ITEM NO.: A Z-5544 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: West Little Rock Development Company and James and Amanda Moore James Moore 18018 Kanis Road Rezone from R-2 to C-3 Commercial 5.5 acres Single -Family SURROUNDING LAND USE AND ZONING North - Vacant, zoned R-2 South - Vacant, zoned R-2 East - Vacant, zoned R-2 West - Commercial, zoned C-3 STAFF ANALYSIS The request before the Commission is to rezone 5.5 acres on the north side of Kanis Road from R-2 to C-3. The site is located in Area II of the Extraterritorial Area and situated approximately one-half mile west of the Chenal Parkway. Currently, the property is being used as a residence, however, the land has been occupied by a commercial use, Aloha Pools, within the past year. In addition to the house, there are three accessory buildings on the property, including a barn. Zoning in the immediate vicinity is either R-2 or C-3, with the site in question abutting a C-3 tract on the west. The area was zoned to R-2 in the latter part of 1991 and the C-3 rezonings were accomplished this year. The land use pattern found along Kanis Road is primarily single family, but there are some nonresidential uses on Kanis to the east and west. Throughout the area there are a number of vacant parcels. The adopted plan for this part of Area II shows a commercial "node" at the intersection of Kanis and Edswood Roads. The property in question is within the defined "node". Therefore, a commercial reclassification of the five acres is appropriate and staff supports the C-3 request. The plan 1 April 21, 1992 ITEM NO.: A Z-5544 Cont. recommends commercial use for properties north and south of Kanis with a larger percentage of "node" located west of Edswood Road. There are no outstanding zoning issues associated with this request. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning. PLANNING COMMISSION ACTION: (MARCH 10, 1992) The applicant was represented by Mrs. James Moore. There were two objectors in attendance. Mrs. Moore spoke briefly and suggested the opponents be allowed to address the Commission first. Anne Childs, 18,211 Kanis Road, spoke and said that she and her husband, John Childs, were opposed to C-3 rezoning. Ms. Childs then submitted a letter to the Commission and proceeded to discuss her home, which she described as a historical landmark. She presented some history on the house and said that a substantial investment has been put into the property. Ms. Childs discussed Kanis Road and said that she did not want another Rodney Parham. Ms. Childs made some comments about the existing C-3 and asked that the proposed C-3 request be denied. Ms. Childs said that her property has 450 feet of frontage on Kanis, and presented some photos. Mrs. James Moore spoke again and described the existing residence on the property, and said it was no longer historical because of various additions. She then discussed future plans for the Chenal area and described the existing uses to the west. Mrs. Moore told the Commission that the single family residence will remain the use for the foreseeable future. There were some discussion about the Outer Loop and the Area II land use plan. Mrs. James Moore then requested that the item be deferred to the April 21, 1992 hearing. Anne Childs made some additional comments. 2 April 21, 1992 ITEM NO.: A Z-5544 Cant. A motion was made to defer the item to April 21, 1992 meeting. The motion was approved by a vote of 10 ayes, 1 nay and 0 absent. PLANNING COMMISSION ACTION: (APRIL 21, 1992) The applicant, James Moore, was present. There were seven objectors in attendance. James Moore spoke.and said that he met with staff several times and was told that his property was in a designated commercial node on the adopted land use plan. Mr. Moore told the Commission that C-3 was filed for based on the information provided by the staff, and there were no definite plans for the site. He went on to discuss the Outer Loop and the future land use in the area. Mr. Moore then described existing uses and said the property was purchased in January 1992. Anne Childs, 18,211 Kanis Road, spoke and said that she has talked to other property owners and staff members about the rezoning request. Ms. Childs then submitted a letter and a petition with signatures opposed to the C-3. She went on to say that the plan was general and C-3 would put the area at risk. Ms. Childs said there were very few restrictions in the C-3 district, and the rezoning would have a negative impact on the area. Ms. Childs concluded by asking the Commission to deny the C-3 request. James Moore spoke again and said that some of the nonresidential uses have been in place for a number of years. Mr. Moore also said that the land was purchased for investment purchases. There was a long discussion about staff's modified recommendation for the site, a POD, and commercial nodes. Jim Lawson, Director of Neighborhoods and Planning, addressed the POD recommendation and said there were problems with C-3. Mr. Lawson also said there was a timing concern with the rezoning. Bob Brown, Plans Specialist, told the Commission that the Landscaping Ordinance did not apply because the property was outside the city limit. Daivd Jones addressed the Commission as a private citizen because he was concerned with the issue. Mr. Jones said that he agreed with the statements made by Commissioner Walker, and there was a need to be consistent throughout the city. Mr. Jones said there were problems with not allowing C-3 zoning for property that was part of a commercial node shown on an adopted plan. 3 April 21, 1992 ITEM NO.: A Z-5544 Cont. Amanda Moore spoke in support of the request. Ms. Moore said she lived in the area and there were numerous commercial uses in existence. Janet .Scholl, 611 Edswood Road, spoke against the C-3 zoning and discussed the area. Ms. Scholl said that the existing businesses did not disrupt the flavor of the neighborhood, which is primarily residential. Ms. Scholl said Kanis could become another Rodney Parham if the rezoning was granted. A motion was made to recommend approval of C-3 rezoning. The motion was denied by a vote 3 ayes, 6 nays, 1 absent and 1 abstention (John McDaniel). 4