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HomeMy WebLinkAboutZ-4230 Staff AnalysisJune 26, 1984 Item No. C - Z-4230 Owner: Troy Humphrey Applicant: Wayne Daniel Location: 221 Main Street (Mabelvale) Request: Rezone from "R-2" Single Family to "C-4" Open Display District Purpose: Auto Repair Size: 14,200 square feet Existing Use: Auto Repair (Nonconforming) SURROUNDING LAND USE AND ZONING: North - Single Family and Institutional, Zoned "R-2" South - Institutional, Zoned "R-2" East - Commercial, Zoned "R-2 West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The property is occupied by an auto repair garage and the proposal is to expand the existing building and double its size. The repair garage is a nonconforming use and expansion cannot take place without proper zoning. The site is located in an area that has a very mixed land use that includes an auto garage across Main Street and a retail store directly to the east. Both of these uses are zoned "R-2" and nonconforming. Most of the Mabelvale area is still zoned "R-2" so there is a high percentage of nonconforming uses. The facility has been in operation for a number of years and has created few problems for the neighborhood. 2. The site is two standard residential lots with one metal building on it. The majority of the property is unoccupied or used for storage of vehicles. 3. The Master Street Plan identifies East 3rd Street as a minor arterial which requires 80 feet of right-of-way. The current right-of-way is 60 feet, so additional dedication will be required. June 26, 1984 Item No. C - Continued 4. There have been no adverse comments received from the reviewing agencies at this time. 5. The approval of this request would create a "C-4" spot zoning. This issue should be taken into consideration when discussing the request. 6. There is no documented neighborhood position on the site. The parking was annexed in 1979 as part of thelarge I-30 annexation. 7. The request is not suported by the Suburban Development Plan or staff. The plan shows the area south of the railroad tracks to remain single family with a nonresidential activity to take place north of the railroad tracks. The Suburban Development Plan was amended to show a neighborhood commercial area along Mabelvale Pike which is north of the railroad tracks. Recent zoning changes that have occurred in the area have been north of the tracks. Staff position is that at this time it is inappropriate to cross the tracks with commercial zoning and establish a spot zone. The owner will be able to continue to operate the garage but not expand it if the request is denied. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (May 29, 1984) The applicant was not present, and he also had not notified the property owners within the required 200 feet. A motion to defer the item to June 26, 1984, passed by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (June 26, 1984) The applicant was not present. There were some objectors present. Staff recommended that the item be deferred because of notification problems. Barbara Bonds, an attorney representing some'residents, asked that the request be acted on and presented a petition in opposition to the rezoning. After some discussion, a motion was made to withdraw the request from the agenda. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. Staff was asked to inform the applicant that if he desired to pursue the rezoning that he would have to refile and properly notify the property owners within 200 feet. May 29, 1984 Item No. 9 - Z-4230 Owner: Troy Humphrey Applicant: Wayne Daniel Location: 221 Main Street (Mabelvale) Request: Rezone from "R-2" Single Family to "C-4" Open Display District Purpose: Auto Repair Size: 14,200 square feet Existing Use: Auto Repair (Nonconforming) gn,pponwnMr. LAND USE AND ZONING: North - Single Family and Institutional, Zoned "R-2" South - Institutional, Zoned "R-2" East - Commercial, Zoned "R-2 West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The property is occupied by an auto repair garage and the proposal is to expand the existing building and double its size. The repair garage is a nonconforming use and expansion cannot take place without proper zoning. The site is located in an area that has a very mixed land use that includes an auto garage across Main Street and a retail store directly to the east. Both of these uses are zoned "R-2" and nonconforming. Most of the Mabelvale area is still zoned "R-2" so there is a high percentage of nonconforming uses. The facility has been in operation for a number of years and has created few problems for the neighborhood. 2. The site is two standard residential lots with one metal building on it. The majority of the property is unoccupied or used -for storage of vehicles. 3. The Master Street Plan identifies East 3rd Street as a minor arterial which. requires 80 feet of right-of-way. The current right-of-way is 60 feet, so additional dedication will be required. May 29, 1984 Item No. 9 - Continued 4. There have been no adverse comments received from the reviewing agencies at this time. 5. The approval of this request would create a "C-4" spot zoning. This issue should be taken into consideration when discussing the request. 6. There is no documented neighborhood position on the site. The parking was annexed in 1979 as part of thelarge I-30 annexation. 7. The request is not suported by the Suburban Development Plan or staff. The plan shows the area south of the railroad tracks to remain single family with a nonresidential activity to take place north of the railroad tracks. The Suburban Development Plan was amended to show a neighborhood commercial area along Mabelvale Pike which is north of the railroad tracks. Recent zoning changes that have occurred in the area have been north of the tracks. Staff position is that at this time it is inappropriate to cross the tracks with commercial zoning and establish a spot zone. The owner will be able to continue to operate the garage but not expand it if the request is denied. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSOIN ACTION: The applicant was not present, and he also had not notified the property owners within the required 200 feet. A motion to defer the item to June 26, 1984, passed by a vote of 10 ayes, 0 noes and 1 absent. June 26, 1.984 Item No. C -- Z-4230 Owner: Troy Humphrey Applicant: Wayne Daniel Location: 221 Main Street (Mabelvale) Request: Rezone from "R-2" Single Family to "C-4" Open Display District Purpose: Auto Repair Size: 14,200 square feet Existing Use: Auto Repair (Nonconforming) SURROUNDING LAND USE AND ZONING: North - Single Family and Institutional, Zoned "R-2" South - Institutional, Zoned "R-2" East - Commercial, Zoned "R-2 West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The property is occupied by an auto repair garage and the proposal is to expand the existing building and double its size. The repair garage is a nonconforming use and expansion cannot take place without proper zoning. The site is located in an area that has a very mixed land use that includes an auto garage across Main Street and a retail store directly to the east. Both of these uses are zoned "R-2" and nonconforming. Most of the Mabelvale area is still zoned "R-2" so there is a high percentage of nonconforming uses. The facility has been in operation for a number of years and has created few problems for the neighborhood. 2. The site is two standard residential lots with one metal building on it. The majority of the property is unoccupied or used for storage of vehicles. 3. The Master Street Plan identifies East 3rd Street as a minor arterial which requires 80 feet of right-of-way. The current right-of-way is 60 feet, so additional dedication will be required. S June 26, 1984 Item No. C - Continued 4. There have been no adverse comments received from the reviewing agencies at this time. 5. The approval of this request would create a "C-4" spot zoning. This issue should be taken into consideration when discussing the request. 6. There is no documented neighborhood position on the site. The parking was annexed in 1979 as part of thelarge I-30 annexation. 7. The request is not suported by the Suburban Development Plan or staff. The plan shows the area south of the railroad tracks to remain single family with a nonresidential activity to take place north of the railroad tracks. The Suburban Development Plan was amended to show a neighborhood commercial area along Mabelvale Pike which is north of the railroad tracks. Recent zoning changes that have occurred in the area have been north of the tracks. Staff position is that at this time it is inappropriate to cross the tracks with commercial zoning and establish a spot zone. The owner will be able to continue to operate the garage but not expand it if the request is denied. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (May 29, 1984) The applicant was not present, and he also had not notified the property owners within the required 200 feet. A motion to defer the item to June 26, 1984, passed by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (June 26, 1984) The applicant was not present. There were some objectors present. Staff recommended that the item be deferred because of notification problems. Barbara Bonds, an attorney representing some residents, asked that the request be acted on and presented a petition in opposition to the rezoning. After some discussion, a motion was made to withdraw the request from the agenda. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. Staff was asked to inform the applicant that if he desired to pursue the rezoning that he would have to refile and properly notify the property owners within 200 feet. CATLETT & STUBBLEFIELD LAwy as THE TOWER B1MMDING, EIGHTEENTH FLOOR LITTLE ROCK, AAKANSAs 72201 x, B. eTVRBLEFIELD AREA CODE 501 S. GRAxAM CATLETT TELEPHONE 3Z2 - 2121 BARBARA P. BONDS June 25, 1984 CAARLENE D. BILHEIMEB MICKAEL F. LAX Office of Comprehensive Planning City of Little Rock City Hall Markham and Broadway Little Rock, Arkansas Re: Proposed Rezoning; Humphries Body Shop 221 Main, Mabelvale, Arkansas Gentlemen: I represent Nancy Miller, a resident of Mabelvale, Arkansas, in connection with the referenced matter. Ms. Miller and other residents in the vicinity of the referenced property have received a notice stating that this matter will be considered at the Planning Commission meeting to be held on Tuesday, June 26, 1984. This notice is defective in several respects. First, the notice does not state the requested zoning classification. In addition, the notice provides that the time of the Planning Commission meeting will be 8:00 p.m., rather than 1:00 p.m. Finally, residents did not receive their notices ten days prior to the date of the Planning Commission meeting, as required by the Office of Comprehensive Planning. Before a proposed rezoning case is heard by the Planning Commission, it is necessary that residents who live near the subject property receive adequate notice of the hearing, so they may appear and present their objections to the Planning Commission. In this case, Troy Humphries, petitioner for the proposed rezoning, has failed to comply with the technical notice requirements which are a prerequisite to consideration by the Planning Commission. Therefore, on behalf of Ms. Miller and other concerned residents, I request that this matter be removed from the June 26, 1984, agenda of the Planning Commission until such time as proper notice has been given to surrounding residents. If this matter remains on the agenda and is considered, the rights of surrounding residents will be prejudiced, since they did not receive proper notice of the meeting or the proposed rezoning classification and have not had adequate time to prepare their objections to this matter. Thank you for your consideration. Sincerely, CATLETT & STUBBLEFIELD &4,/-� / A Barbara P. Bonds BPB:kbm cc: Mr. Paul Bowen Attorney at Law