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HomeMy WebLinkAboutZ-4306 Staff AnalysisSeptember 25, 1984 Item No. 4 - Z-4306 Owner: Mrs. Al Green Applicant: J.D. Carter Location: 11,899 New Benton Highway Request: Rezone from "R-2" Single Family to "I-2' Light Industrial Purpose: Building Materials Sales (Some Woodworking) Size: 1.0 acres + Existing Use: Building Materials Sales SURROUNDING LAND USE AND ZONING: North - Interstate Right -of -Way, Zoned "R-2" South - Vacant, Zoned "R-2" East - Commercial, Zoned "C-4" West - Commercial, Zoned 11C-3" PLANNING CONSIDERATIONS: 1. The proposal is to rezone the property which is currently occupied by a nonconforming use. The site is being used for the sale of accessory/storage buildings, and some fabrication of the units takes place on the site. As staff understands the situation, the property had a fire that significantly damaged an existing building which was then rebuilt to a larger size. The structure was reconstructed without proper zoning, and a notice was issued by the Zoning Enforcement Office because of expanding a nonconforming use. This section of I-30 has a number of different uses with "C-3" and "C-4" being the nonresidential classifications in the immediate area. The City recently approved the "C-4" zoning to the east for the display and sale of stones used for construction. The existing use on the property is appropriate for the location and compatible with the area. 2. The site is vacant with the rear of the property located in the floodplain or floodway. The developed portion of the property is along the access road frontage. The extent of the floodplain involvement is not known at this time. September 25, 1984 Item No. 4 -- Continued 3. There are no right-of-way requirements or Master Street Plan issues. 4. There have been no adverse comments received from the reviewing agencies at this time. 5. There are no legal issues associated with this request. 6. The property was annexed into the City in 1979 as part of the large I-30 annexation. 7. The applicant has requested a change to "I-2" which permits the sale of the buildings and light fabrication and assembly which is also occurring on the property. The Suburban Development Plan identifies the general area for strip commercial development for which "C-3" and "C-4" are more compatible zoning classifications. Because of this and the existing zoning pattern, staff suggests that "C-4" is more appropriate for the location. "C-4" will allow the storage and sale of the buildings but not the assembly of the units. The property in question is also part of the Otter Creek area plan which has not been formally reviewed or acted on. The preliminary draft of the plan recognizes the land use shown on the Suburban Development Plan. Staff is recommending that action be taken on the request because the use is in place and it does conform to the adopted and proposed plans. STAFF RECOMMENDATION: Staff recommends "C-4" as being more appropriate for the location. PLANNING COMMISSION ACTION: The applicant, J.D. Carter, was present. There were no objectors present. Staff modified the recommendation to exclude the floodway from the "C-4" rezoning. Mr. Carter spoke and stated that he had no problems with excluding the floodway and dedicating it, but he did express some concerns with the "C-4" recommendation. He indicated that "I-2" was more suitable because the property needed a zoning classification that would permit some wood product manufacturing and assembly. Kenny Scott of the Zoning Enforcement Office pointed out that "C-4" prohibits the assembly aspect of Mr. Carter's operation. Mr. Carter went on to describe the area and felt that "I-2" would not create any problems for the vicinity. There was additional 4 • September 25, 1984 Item No. 4 - Continued discussion about various issues, including the construction that took place after the fire. The Commission then voted to recommend approval of "I-2" excluding the designated floodway and that it remain "R-2" and the floodway be dedicated to the City. The vote - 10 ayes, 0 noes and 1 absent.