HomeMy WebLinkAboutZ-3755 Staff AnalysisSeptember 29, 1981
Item No. 9 - Z-3755
Owner: David Pickering and T.J. Meyer
Applicant: T.J. Meyer
Location: South Side of Rainwood Drive, 350
Feet East of Green Mountain Drive
Request: Rezone from "R-2" Single Family to
"C-3" General Commercial
Purpose: Commercial Development Unspecified
Size: 1 Acre +
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING:
North - Vacant, Zoned "C-4"
South Miniwarehouses, Zoned "R-2"
East - Vacant, Zoned "C-3"
West - Vacant, Zoned "R-2"
PLANNING CONSIDERATIONS:
No adverse comments have been received from any reviewing
agency. The request is in conflict with the Suburban
Development Plan, which shows this area for use as offices.
The property immediately to the west was recently the
subject of an Arkansas Supreme Court case in which the City
of Little Rock was successful in defending its denial of
"C-3" zoning for that property.
Over the past several months, several applications to
downzone some of the surrounding property from "C-4" to
"C-3" have been granted under the conversion process to
permit the development of office buildings. This has
prompted Staff to believe that the true demand in this area
is for office zoning.
STAFF RECOMMENDATION:
Staff recommends approval of "0-3" General Office zoning on
this property.
COMMISSION ACTION:
The applicant was present and represented by W.P. Hamilton,
an attorney. Mr. Hamilton discussed the Breeding case
recently handled in the Arkansas Supreme Court, and
discussed the surrounding zoning and land uses. He stated
that one reason the Supreme Court had upheld the City in
September 29, 1981
Item 9 - Continued
its earlier action was that the Court had not been aware of
two zoning cases which had been approved in the same block
of property, one shortly before the denial of the Breeding
property and the second nearly one year after the denial of
the Breeding property immediately to the east of this
property.
After a brief discussion, the Commission moved to approve
the application as filed. The motion passed: 6 ayes,
4 noes and 1 absent.