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HomeMy WebLinkAboutZ-4354 Staff AnalysisNovember 13, 1984 Item No. 20 - Z-4354 Owner: Ken and D.C. Harper Applicant: Kenneth Harper Location: 7215, 7217 and 7315 Mabelvale Cutoff Request: Rezone from "R-2" Single Family to "C-3" General Commercial Purpose: Mixed Uses Size: 2.72 acres + Existing Use: Mixed Uses SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Vacant, Zoned "R-2" East - Single Family and Commercial, Zoned "R-2" West - Office, Zoned "C-3" PLANNING CONSIDERATIONS: 1. The tract of land being considered is made up of three parcels with nonconforming uses on all three. The proposal is to rezone the property to "C-3" and to do away with the nonconforming status. The piece of property adjacent to the existing "C-3" tract has a minor involvement on it, so its conceivable that lot will be utilized for something other than what is there. There could be new uses on all three tracts. The site is approximately 800' east of the intersection of Mabelvale Cutoff and Chicot Road which is a more desirable location for commercial zoning and activity. With other existing nonconforming uses in the immediate vicinity, a very undesirable zoning pattern could develop if that becomes one of the primary considerations in reviewing zoning cases in this area. In this particular incident, the existing uses should not be used to justify the rezoning because of the potential for a strip zoning pattern. 2. The site is flat with a 330 -foot depth. There are a total of four structures on the property that are being used for various uses including a day-care center and a wholesale optical outlet. November 13, 1984 Item No. 20 - Continued 3. Additional right-of-way dedication will be required for Mabelvale Cutoff which is identified as a minor arterial on the Master Street Plan. 4. Engineering has indicated that boundary street improvements will be necessary for Mabelvale Cutoff. 5. There are no legal issues associated with this request. 6. There is no documented history or neighborhood position relative to this site. 7. The request is not supported by the Suburban Development Plan and the staff is opposed to the rezoning. This position is consistent with the staff's stand on the rezoning of the tract to the west to "C-3" (Z-4056). That initial commercial request was inappropriate and that is the staff's response to the current proposal. The existing "C-3" created a spot zoning and the current request would enlarge an unsuitable commercial location. (The previous "C-3" was denied by the Planning Commission and approved by the Board of Directors.) The Suburban Development Plan identifies the intersection of Chicot and Mabelvale Cutoff for commercial uses in the area and shows this general location for multifamily development. The continued approval of commercial requests this far removed from the intersection will create an unworkable zoning pattern and could have an adverse impact on the existing residential neighborhood. If this request is granted, it will be difficult to deny future requests, and it will establish an undesirable commercial area. The stripping out of Mabelvale Cutoff then becomes a real possibility. It should also be pointed out that this area was within the South Central Island Plan which both staff and the Planning'Commission spent time developing and determining a realistic land use pattern which showed the commercial uses to be restricted to the intersection of Mabelvale and Chicot Roads. The Suburban Development Plan was amended to reflect the South Central Island Plan. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. November 13, 1984 Item No. 20 - Continued PLANNING COMMISSION ACTION: The applicant, Ken Harper, was present. There were no persons in attendance objecting to the request. Mr. Harper spoke and presented his position. He explained that the uses on the different' tracts were in existence prior to coming into the City and that they should be rezoned accordingly to avoid any problems of being nonconforming uses. Jim Lawson of the Planning staff discussed the Suburban Development Plan and other related issues. A lengthy discussion was held on the request. A vote was taken to recommend approval of the "C-3" as filed. The vote was: 0 ayes, 8 noes and 3 absent. The request was denied. 01 November 13, 1984 Item No. 20 - Z-4354 Owner: Ken and D.C. Harper Applicant: Kenneth Harper Location: 7215, 7217 and 7315 Mabelvale Cutoff Request: Rezone from "R-2" Single Family to "C-3" General Commercial Purpose: Mixed Uses Size: 2.72 acres + Existing Use: Mixed Uses SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-211 South - Vacant, Zoned "R-2" East - Single Family and Commercial, Zoned "R-2" West - Office, Zoned "C-311 PLANNING CONSIDERATIONS: 1. The tract of land being considered is made up of three Parcels with nonconforming uses on all three. The proposal is to rezone the property to "C-3" and to do away with the nonconforming status. The piece of property adjacent to the existing "C-311 tract has a minor involvement on it, so its conceivable that lot will be utilized for something other than what is there. There could be new uses on all, three tracts. The site is approximately 8001 east of the intersection of Mabelvale Cutoff and Chicot Road which is a more desirable location for commercial zoning and activity. With other existing nonconforming uses in the immediate vicinity, a very undesirable zoning pattern could develop if that becomes one of the primary considerations in reviewing zoning cases in this area. In this particular incident, the existing uses should not be used to justify the rezoning because of the Potential for a strip zoning pattern. 2. The site is flat with a 330 -foot depth. There are a total of four Structures on the property that are being used for various uses including a day-care center and a wholesale optical outlet. November 13, 1984 Item No. 20 - Continued 3. Additional right-of-way dedication will be required for Mabelvale Cutoff which is identified as a minor arterial on the Master Street Plan. 4. Engineering has indicated that boundary street improvements will be necessary for Mabelvale Cutoff. 5. There are no legal issues associated with this request. 6. There is no documented history or neighborhood position relative to this site. 7. The request is not supported by the Suburban Development Plan and the staff is opposed to the rezoning. This position is consistent with the staff's stand on the `rezoning of the tract to the west to "C-3" (L-4056). That initial commercial request was inappropriate and that is the staff's response to the current proposal. The existing "C-3" created a spot zoning and the current request would enlarge an unsuitable commercial location. .(The previous "C-3" was denied by the Planning Commission and approved by the Board of Directors.) The Suburban Development Plan identifies the intersection of Chicot and Mabelvale Cutoff for commercial uses in the area and shows this general location for multifamily development. The continued approval of commercial requests this far removed from the intersection will create an unworkable zoning pattern and could have an adverse impact on the existing residential neighborhood. If this request is granted, it will be difficult to deny future requests, and it will establish an undesirable commercial area. The stripping out of Mabelvale Cutoff then becomes a real possibility. It should also be pointed out that this area was within the South Central Island Plan which both staff and the Planning Commission spent time developing and determining a realistic land use pattern which showed the commercial uses to be restricted to the intersection of Mabelvale and Chicot Roads. The Suburban Development Plan was amended to reflect the South Central Island Plan. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. November 13, 1984 Item No. 20 - Continued PLANNING COMMISSION ACTION: The applicant, Ken Harper, was present. There were no persons in attendance objecting to the request. Mr. Harper spoke and presented his position. He explained that the uses on the different tracts were in existence prior to coming into the City and that they should be rezoned accordingly to avoid any problems of being nonconforming uses. Jim Lawson of the Planning staff discussed the Suburban Development Plan and other related issues. A lengthy discussion was held on the request. A vote was taken to recommend approval of the "C-3" as filed. The vote was: 0 ayes, 8 noes and 3 absent. The request was denied.