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HomeMy WebLinkAboutZ-4350-A Staff AnalysisMay 21, 1990 Item No. 1 File No. Z -4350-B Odner• -Address: Description: Zoned: Variance Requested: Justification: Present Use of Property:, Proposed Use of -Property: STAFF REPORT: A. Engineering Issues: There are none to report. B. Staff Analysis: Stagebase Properties Stagecoach Road at Baseline Road Long Legal C-3 General Commercial From the Area Regulations provisions of Section 36-301-E.2 to permit new construction with a reduced side yard setback. The variance is needed in order to accommodate the design of the new construction. Vacant Commercial The issue before the Board of Adjustment is a request by the applicant for a side yard variance in order to construct a retail center. Side yard setbacks under the C-3 General Commercial zone requires a 15 ft. setback. The applicant proposes a setback of 6 ft. A 6 ft. privacy fence will be constructed along the south property line separating two parcels of property. Located at the intersection of Stagecoach and Baseline Roads, the site is presently vacant. A mixture of commercial and residential use surround the site. 1 May 21, 1990 Item No. 1 (Continued) Both Stagecoach and Baseline Roads are built to standard arterial streets. Staff found no problems with the request of the applicant. Both street frontage will have the required 25 ft. setback requirement. New construction in this area of the City is needed which will provide for improvements on and off site. C. Staff Recommendation; Staff recommends approval of the side yard setback variance as filed. BOARD OF ADJUSTMENT ACTION - MAY 23, 1990 Todd Williams of the Robert East Company represented the applicant. There were no objectors present. Mr. Williams stated that there were no problems with the staff's recommendation. A motion was then Made to approve the variance request as tiled. The motion passed by a vote of 5 ayes, 0 noes, 4 absent. 2 July 11, 1989 Item No. 1 - Z -4350-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Stagebase Partnership Robert East Southwest corner of Stagecoach Road and Baseline Road. Rezone from "C-2" to "C-3" Commercial development 2.0 acres Vacant buildings SURROUNDING LAND USE AND ZONING: North Vacant, zoned "R-2" and "C-3" South - Vacant and commercial, zoned "R-2" East - Vacant, zoned "C-3" West - Single family, zoned "C-2" STAFF ANALYSIS: The property in question is located at the southwest corner of Baseline Road and Stagecoach Road (Arkansas State Highway 5), and the request is to rezone the acreage from "C-2" to "C-3" for a mixed commercial development. No specific plans have been submitted but a convenience store with gas pumps is being considered and that is why "C-3" has been applied for because "C-2" does not permit convenience stores. In addition to the convenience store, a small commercial center is a possibility for the rear of the property. Currently, there are three small buildings and a single family residence on the property. The intersection of Stagecoach and Baseline is zoned for commercial development, "C--2" and "C-3," with the exception of the northeast corner which is zoned "R-2." The remaining land in the immediate vicinity is zoned "R-2." Land use is primarily single family with a church and several nonconforming uses which include a small commercial use and an industrial facility. A large amount of the land is vacant and there is a significant fioodway area on the east side of Stagecoach Road. July 11, 1989 Item No. 1 - Z -4350-A In 1984, the site and the property directly to the west were rezoned to the current 11C-2" classification. The development proposal in 1984 was for one building on a total of 4.5 acres. One item that was discussed during the hearing was the number of lots and the possibility of having one use on each lot. To try to address the concern, the Planning Commission passed a motion that recommended approval of "C-3" with a one -lot replat for "C-2" without any replat. Staff feels that land use and zoning are not the significant issues associated with this request but rather how the site is developed. To ensure a workable development scheme, Staff recommends that a replat of the property be filed with only one access point for each street frontage. This is needed because of the site's location and the increased traffic demand as the area develops. The "C-3" reclassification conforms to the adopted Otter Creek District Plan which identifies the intersection for neighborhood commercial development. ENGINEERING COMMENTS: Baseline Road is classified as a principal arterial which requires a right-of-way of 110 feet, or 55 feet from the center line. Stagecoach Road is a minor arterial which has a right-of-way standard of 90 feet, or 45 feet from the center line. Both right-of-ways are deficient so dedication of additional right-of-way will be required. STAFF RECOMMENDATION: Staff recommends approval of the "C-3" rezoning as requested subject to a replat being filed with only one access point shown on Baseline Road and Stagecoach Road. PLANNING COMMISSION ACTION: (July 11, 1989) The applicant, Bob East, was present. There were no objectors in attendance. Staff recommended that the item be placed on the consent agenda for deferral because the notices were mailed less than the required fifteen days. Mr. East requested that the item be removed from the consent agenda and placed on the regular agenda which the Planning Commission agreed to. July 25, 1989 Item No. A - Z -4350-A Mr. East then made some comments about the notification problem and asked that the notice requirement be waived because of a time hardship. He went on to say that all the property owners were notified twice and there was no opposition to the rezoning. Ruth Bell, representing the League of Women Voters, said that the League felt strongly about the notification process and the City should follow the required procedure. Ms. Bell also pointed out that everybody benefited by following the rules, and it was a good way to avoid problems in the future. After some additional comments, a motion was made to defer the item to the July 25, 1989 meeting. The motion was approved by a vote of 6 ayes, 0 nays and 5 absent. PLANNING COMMISSION ACTION: (July 25, 1989) The Planning Staff offered its recommendation of approval of the rezoning subject to a replat of the property being filed prior to forwarding this matter to the City Board of Directors. The plat will provide for the dedication of any additional right-of-way on both boundary streets and will provide for establishment of one access point on each abutting street as permitted by ordinance. Staff pointed out that this plat will be a staff matter and will not require a return to the Commission. Mr. Robert East, the applicant, was present and offered comments on the staff recommendation. Mr. East expressed objection to the access control as offered by staff. He indicated that the user of the property requires two curb cuts on each street. He stated that the end user of this property would be a convenience store and a small strip center to the rear on a second lot. He felt that access to the site to serve these uses properly could better be accommodated with more curb cuts. Mr. Jerry Gardner of the Public Works Department was present. Mr. Gardner offered commentary on the Public Works Department's position on traffic control on this intersection. Mr. Gardner confirmed his recommendation of limiting one curb cut on each street frontage. July 25, 1989 Item No. A --Z-4350-A--- A Z -4350 -A A lengthy discussion of the application followed. The result of this discussion was a motion by the Commission to recommend to the City Board of Directors the rezoning to "C-3," General Commercial, conditioned on the owner filing a recombination plat for the five lots on this property. The plat would include the two lots as proposed, would provide for the control access as recommended by the Public Works Department, and any additional right-of-way which may be required. The motion passed by a vote of 7 ayes, 0 nays, 4 absent.