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HomeMy WebLinkAboutZ-3673-A Staff AnalysisApril 20, 1981 Item No. 4 - Z-3673 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Carmo, Inc. By: Hershel Moseley 10100 Mabelvale Pike Long legal "C-4" Open Display Relief from Section 8-101-I to permit a waiver of paving on a bicycle, motocross dirt track Commercial refrigeration business Same, plus the track Staff Recommendation: The ordinance requires that all areas subject to wheeled vehicles be paved. This kind of requirement would be contrary to common sense for a facility of this kind. Staff recommends approval. BOARD ACTION: The applicant was present, and there were several objectors. The applicant made a brief presentation describing the use of the track proposed and stated the safety aspects of wishing to keep the track unpaved. O.R. Blackrock, a neighbor speaking for some of the other neighbors, read a petition in objection to the zoning being requested for the property. The petition had 40 signatures. He stated their feeling that the bicycle racetrack proposed was inappropriate for the location. Another neighbor, Dorothy Clement, spoke in opposition, stating that her husband was a night worker who needed to get his sleep durinq the daytime and that she felt that this activity would disrupt his ability to get the necessary rest. There were nine present additionally in opposition to the request. After a lengthy discussion, the Board moved to defer the item to May 18 to allow time for the Planning Commission to act on the case. The motion was passed: 4 ayes, 0 noes and 3 absent. April 28, 1981 Item No. 7 - Z-3673 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Carmo, Inc. Herschel Moseley 10100 Mabelvale Pike Rezone from from "R-2" Single Family to "C-4" Open Display Conformity with existing use 2 acres + Commercial refrigeration business SURROUNDING LAND USE AND ZONING North - Single Family and Vacant, Zoned "R-2" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Vacant, Zoned "R-2" PLANNING CONSIDERATIONS No adverse comments have been received from any reviewing agency concerning this request. Neighboring property owners will oppose the requested zoning in significant numbers. Staff knows of the existence of a petition which contains at least forty signatures. The Suburban Development Plan calls for this area to be used for industrial development, including all the property east of Mabelvale Pike as well. A commercial refrigeration business is located on the property at the present time, and the proposed zoning would bring the use into conformity .with the ordinance. STAFF RECOMMENDATION Staff recommends approval. COMMISSION ACTION: The applicant was present, and there were a number of objectors. The applicant, represented by Charles Brown, attorney, presented a large land use map and discussed traffic count information for Mabelvale Pike, showed pictures of the general area and the development that has already occurred, gave a verbal description of the area as it exists and stated that the nonconforming use had been in existence on the property for at least 10 years. April 28, 1981 Item No. 7 - Continued The first objector to speak was O.R. Blackrock, who presented a petition from neighboring property owners in opposition to the request which contained 45 signatures. He stated that the existing use of the property had been developed when the property was in the county and there was no control over the development. He restated the opposition to the request by the neighbors. A number of other neighbors spoke generally following this same line of argument. They were William Shepherd, Jr., and Dorothy Clement. All of these neighbors spoke about the residential character of the neighborhood and the feeling that this use was not appropriate for the property. After a somehwat lengthy discussion, the Commission moved to defer the matter to the May 26th meeting with direction to the staff that a reevaluation of the Suburban Development Plan for this area and the readvertisement of a public hearing on a proposed plan change be accomplished. The motion was passed - 11 ayes and 0 noes. May 18, 1981 Item No. 1 - Z-3673 Owner: Carmo, .Inc. By: Hershel Moseley Address: 10100 Mabelvale Pike Description: Long legal Zoned: "R-2" Single Family Variance Requested: Relief from Section 8-101-I to permit a waiver of paving on a bicycle, motocross dirt track Present Use of Property: Commercial refrigeration business Proposed Use of Property: Same, plus the track Staff Recommendation: When the Board of Adjustment deferred this matter from the April 20th meeting to allow time for the Planning Commission to deal with the zoning issue associated with this project, the Planning Commission subsequently,' at its meeting on April 28th, deferred its consideration of the zoning to allow time for further study of the area and the proposal, and as a result no action has been taken by the Planning Commission which would eliminate the original concern of the Board of Adjustment. Staff recommends, therefore, that this item be deferred for one additional month bringing it back to the Board of Adjustment on June 15th. It is expected that the zoning issue will be resolved by that time. Board Action: The Board moved to defer consideration of this item to the June 15 meeting. A motion was passed: 5 ayes, 0 noes, 2 absent. June 15, 1981 Item No. 1 - Z-3673 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Carmo, Inc. By: Hershel Moseley 10100 Mabelvale Pike Long legal "R-2" Single Family Relief from Section 8-101-I to permit a waiver of paving on a bicycle, motocross dirt track Commercial refrigeration business Same, plus the track Staff Recommendat'on: The applicant in this case has completed the action through the Little Rock Planning Commission. The Planning Commission failed to approve the request to rezone this property from "R-2" Single Family to "C-4" Open Display, and as a result the applicant will not be permitted to construct the race track that was proposed and was the subject of this variance request. On the basis of this information, Staff recommends that the Board simply withdraw this application from its Agenda with the proviso that the applicant may refile at a later date if required. Board Action: The Board formally withdrew this application from this agenda with the provision that the applicant may refile at a later date if necessary. The motion for withdrawal was passed: 5 ayes, 0 noes, 2 absent. May 18, 1981 Item No. 1 - Z-3673 Owner: Carmo, Inc. By: Hershel Moseley Address: 10100 Mabelvale Pike Description: Long legal Zoned: "R-2" Single Family Variance Requested: Relief from Section 8-101-I to permit a waiver of paving on a bicycle, motocross dirt track Present Use of Property: Commercial refrigeration business Proposed Use of Property: Same, plus the track Staff Recommendation: When the Board of Adjustment deferred this matter from the April 20th meeting to allow time for the Planning Commission to deal with the zoning issue associated with this project, the Planning Commission subsequently, at its meeting on April 28th, deferred its consideration of the zoning to allow time for further study of the area and the proposal, and as a result no action has been taken by the Planning Commission which would eliminate the original concert: of the Board of Adjustment. Staff recommends, therefore, that this item be deferred for one additional month bringing it back to the Board of Adjustment on June 15th. It is expected that the zoning issue will be resolved by that time. April 20, 1981 Item No. 4 - Z-3673 Owner: Address: Description: Zoned: Variance Requested: Present Use of Property: Proposed Use of Property: Carmo, Inc. By: Hershel Moseley 10100 Mabelvale Pike Long legal "C-4" Open Display Relief from Section 8-101-I to permit a waiver of paving on a bicycle, motocross dirt track Commercial refrigeration business Same, plus the track Staff Recommendation: The ordinance requires that all areas subject to wheeled vehicles be paved. This kind of requirement would be contrary to common sense for a facility of this kind. Staff recommends approval. BOARD ACTION: The applicant was present, and there were several objectors. The applicant made a brief presentation describing the use of the track proposed and stated the safety aspects of wishing to keep the track unpaved. O.R. Blackrock, a neighbor speaking for some of the other neighbors, read a petition in objection to the zoning being requested for the property. The petition had 40 signatures. He stated their feeling that the bicycle racetrack proposed was inappropriate for the location. Another neighbor, Dorothy Clement, spoke in opposition, stating that her husband was a night worker who needed to get his sleep durinq the daytime and that she felt that this activity would disrupt his ability to get the necessary rest. There were nine present additionally in opposition to the request. After a lengthy discussion, the Board moved to defer the item to May 18 to allow time for the Planning Commission to act on the case. The motion was passed: 4 ayes, 0 noes and 3 absent.