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HomeMy WebLinkAboutZ-3422 Staff AnalysisDecember 18, 1979 Item No. 3 - Z-3422 Owner: Lawrence F. McKellips Jr. Applicant: Lawrence F. McKellips Jr. Request: Rezone to "I-2" Light Industrial Purpose: Concrete Casting Plant and Public Service Agency Existing Zoning: "R-2" Single Family Location: Highway 10 at Bella Rosa Drive Site Characteristics: Level, developed Size: 10,500 Square Feet Existing Land Use: Concrete Casting Plant, Ornamental Abutting Land Use North - Vacant and Zoning: Zoned "R-2" South - Single Family Zoned "R-2" East - Single Family Zoned "R-2" West - Commerical Zoned "R-2" Zoning History: The existing use was annexed as a nonconforming use. Applicable Regulations: Zoning Ordinance FACTUAL INFORMATION December 18, 1979 I tem 3 1. NEED AND/OR DEMAND The applicant has an existing Concrete Casting Plant on premises and wishes to lease a structure located on the front of the property to a United Way Agency for office use. The proposed zoning will permit both uses "by right". 2. COMPATIBILITY WITH MUNICIPAL PLANS The extraterritorial plan covers this part of the City and is yet to be adopted. The existing Board of Directors policy and the 1990 Comprehensive Development Plan both designate the entirety of the Highway 10 Corridor for residential use. The proposed zoning is not compatible. 3. EFFECT ON ENVIRONS No particular adverse impacts are expected. 4. NEIGHBORHOOD COMMENTS No neighborhood position has been expressed however, there is some expectation of opposition. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No fiscal impact is expected. 8. LEGAL CONSIDERATIONS/REASONABLENESS Board policy and the only adopted plan for the area specifically prohibits any nonresidential zoning along Highway 10. December 18, 1979 Item 3 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY Highway 10 is an arterial street and some right-of-way will be required. ANALYSIS The previous actions relative to nonresidential zoning requests along the Highway 10 Corridor have set the pattern for consideration of these other request. STAFF RECOMMENDATION: Staff recommends denial. December 18, 1979 Item No. 3 - Z-3422 Owner: Lawrence F. McKellips Jr. Applicant: Lawrence F. McKellips Jr. Request: Rezone to "I-2" Light Industrial Purpose: Concrete Casting Plant and Public Service Agency Existing Zoning: "R-2" Single Family Location:- Highway 10 at Bella Rosa Drive Site Characteristics: Level, developed Size: 10,500 Square Feet Existing Land Use: Concrete Casting Plant, Ornamental Abutting Land Use North - Vacant Zoned "R-2" and Zoning: South - Single Family Zoned "R-2" East - Single Family Zoned "R-2" West - Commercial Zoned "R-2" Zoning History: The existing use was annexed as a nonconforming use. Applicable Regulations: Zoning Ordinance FACTUAL INFORMATION December 18, 1979 Item 3 1. NEED AND/OR DEMA14D The applicant has an existing Concrete Casting Plant on premises and wishes to lease a structure located on the front of the property to a United Way Agency for office use. The proposed zoning will permit both uses "by right". 2. COMPATIBILITY WITH MUNICIPAL PLANS The extraterritorial plan covers this part of the City and is yet to be adopted. The existing Board of Directors policy and the 1990 Comprehensive Development Plan both designate the entirety of the Highway 10 Corridor for residential use. The proposed zoning is not compatible. 3. EFFECT ON ENVIRONS No particular adverse impacts are expected. 4. NEIGHBORHOOD COMMENTS No neighborhood position has been expressed however, there is some.expectation of opposition. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No fiscal impact is expected. 8. LEGAL CONSIDERATIONS/REASONABLENESS Board policy and the only adopted plan for the area specifically prohibits any nonresidential zoning along Highway 10. December 18, 1979 Item 3 - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY Highway 10 is an arterial street and some right-of-way will be required. ANALYSIS The previous actions relative to nonresidential zoning requests along the Highway 10 Corridor have set the pattern for consideration of these other request. STAFF RECOMMENDATION: Staff recommends denial. COMMISSION ACTION: The owner, Lawrence McKellips Jr., was present and stated that.his property had been in use for some thirty-five years as it is presently being used for an industry. He further stated that the house on the front of the property had been used as an office for his business until July 1, 1979. Since July 1, 1979, the house has been vacant. There was one objector, Mrs. Grace Miller, who spoke against the zoning change requested by the applicant. David Bryant, of the Family.Services of Arkansas agency, stated that it was his agency that intended to use this house and presented a brief statement of their needs and plans for use of the property. After a lengthy discussion, the Commission moved to defer consideration of this case to January 29. The motion failed: 4 ayes, 6 noes and 1 absent. A subsequant motion was made to approve the request as filed. The motion failed: 0 ayes, 10 noes and 1 absent. Finally, after a third motion to defer the matter for further study and to request an opinion from the City Attorney regarding the property's nonconforming status under the Zoning Ordinance regulations was made, the motion to defer to January 29 was passed: 10 ayes, 0 noes and 1 absent. January 29, 1980 Item No. 9E - Z-3422 - DEFERRED Owner: Lawrence F. McKellips Jr. Applicant: Lawrence F. McKellips Jr. Request: Rezone to "I-2" Light Industrial Purpose: Concrete Casting Plant and Public Service Agency Existing Zoning: "R-2" Single Family Location: Highway 10 at Bella Rosa Drive Site Characteristics: Level, developed Size: 10,500 Square Feet Existing Land Use: Concrete Casting Plant, Ornamental Abutting Land Use North - Vacant and Zoning: Zoned "R-2" South - Single Family Zoned "R-2" East - Single Family Zoned "R-2" West - Commercial Zoned "R-2" Zoning History: The existing use was annexed as a nonconforming use. Applicable Regulations: Zoning Ordinance FACTUAL INFORMATION January 29, 1980 Item 9E 1. NEED AND/OR DEMAND The applicant has an existing Concrete Casting Plant on premises and wishes to lease a structure located on the front of the property to a United Way Agency for office use. The proposed zoning will permit both uses "by right". 2. COMPATIBILITY WITH MUNICIPAL PLANS The extraterritorial plan covers this part of the City and is yet to be adopted. The existing Board of Directors policy and the 1990 Comprehensive Development Plan both designate the entirety of the Highway 10 Corridor for residential use. The proposed zoning is not compatible. 3. EFFECT ON ENVIRONS No particular adverse impacts are expected. 4. NEIGHBORHOOD COMMENTS No neighborhood position has been expressed however, there is some expectation of opposition. 5. PUBLIC SERVICES/EFFECT ON No adverse comments have been received. 6. UTILITIES/EFFECT ON No adverse comments have been received. 7. EFFECT ON PUBLIC FINANCES No fiscal impact is expected. 8. LEGAL CONSIDERATIONS/REASONABLENESS Board policy and the only adopted plan for the area specifically prohibits any nonresidential zoning along Highway 10. January 29, 1980 Item 9E - Continued 9. STANDARDS OF QUALITY No standards of quality have been addressed. 10. TRAFFIC AND STREET RIGHT-OF-WAY Highway 10 is an arterial street and some right-of-way will be required. ANALYSIS The previous actions relative to nonresidential zoning requests along the Highway 10 Corridor have set the pattern for consideration of these other request. STAFF RECOMMENDATION: Regarding rezoning staff recommends denial as before. Further, staff defers to the City Attorney regarding the nonconforming status of this property. COMMISSION ACTION: The City Attorney stated that after much consideration the office had determined that the rightful jurisdiction in this matter belonged to the Little Rock Board of Adjustment. The Commission moved to send the case to the Board of Adjustment for interpretation. The motion was passed: 9 ayes, 0 noes and 1 absent.