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HomeMy WebLinkAboutZ-4373-C Staff AnalysisApril 2, 1998 ITEM NO.: C Owner: Applicant: Location: Request: Purpose: Size: Existing Use: ILE NO.: Z -4373 - Darrell and Donnie Canfield Darrell Canfield 1518-1520 Wright Avenue Rezone from 0-1 to C-3 (amended to C-1) Home furnishings rental store .26 acres Two story frame residential structure and vacant lot SURROUNDING LAND USE AND ZONING North - Single Family and Two Family residential, zoned R-3 and R-4 South - Vacant lots and Single Family, zoned R-6 East - Produce store, zoned C-3 West - Duplex, zoned R-4 PUBLIC WORKS COMMENTS I. A 20 feet radial dedication of right-of-way is required at the southwest corner of property. 2. Repair or replace broken sidewalk. 3. Improve corner curb radius to 31.5 feet radius with construction (existing corner radius is 21.5 feet) or request a waiver. 4. All driveways shall be concrete aprons per City Ordinance. 5. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. 6. Wright Avenue has a 1995 average daily traffic count of 9800 vehicles. 7. Any construction within proposed or existing right-of- way shall comply with Articles IV and V of section 30 of the Little Rock Code Permits to be obtained from Public Works Traffic Engineering. 8. Prepare letter for street lights as required by Sec. 31- 403. PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA Bus Route. April 2, 1998 ITEM NO.: C Cont, FILE NO.: Z -4373-C LAND USE ELEMENT The property is located in the Central City District. The adopted Plan recommends Mixed Use for the site. This category provides for a mixture of residential, office and commercial uses to occur. Development of properties designated Mixed Use in close proximity to residential uses should be sensitive to and compatible with those residential uses. Staff does not believe C-3 zoning is appropriate for this Mixed Use site. STAFF .ANALYS I S The request before the Commission is to rezone these two lots from 0-1 Quiet Office to C-3 General Commercial district. The corner lot is occupied by an older, two story frame residential structure. The second, adjacent lot is covered with gravel and appears to have been used as a parking lot. The applicant proposes to utilize the site for an equipment and home furnishings rental business. The applicant has stated that it is his desire to convert the existing structure into the business rather than removing the structure. The property is located at the northeast corner of Wright Avenue and Bishop Street. This area of Wright Avenue has a history of occupancy by a variety of commercial and other nonresidential uses. C-3 properties in the immediate vicinity contain such uses as a night club, liquor stores and a produce store. An asphalt parking lot and the produce store are located on the C-3 zoned properties to the east. Vacant lots and a single family residence are located on the R-6 zoned properties across Wright Avenue to the south. The R-4 zoned property across Bishop Street to the west is occupied by a duplex. The R-3 zoned properties to the north are occupied by single family and two family homes. Although the property does front onto Wright Avenue, any use of this site could have an influence on the residential properties to the north. Other than for the narrow strip of nonresidential uses on Wright Avenue, the biggest part of this neighborhood is zoned and occupied by a variety of residential uses. A recent initiative resulted in the rezoning of many properties directly north of this site from R-4 Two Family district to R-3 Single Family in an effort to preserve the single family quality of the neighborhood. The neighborhood itself is best described as "fragile." Many of the nearby residences have been boarded and many others are in a state of disrepair. Staff is concerned that allowing further C-3 zoning at this entry point into the neighborhood could further erode the residential viability of the adjacent properties. 2 April 2, 1998 ITEM NO.: C Cont. FILE NO.: Z -4373-C Staff believes that a more appropriate zoning for the site would be C-1 Neighborhood Commercial. The C-1 district is designed to accommodate limited retail develop within or adjacent to neighborhood areas. This district may also be used in conjunction with existing commercial developments as an extension of an established commercial district, such as is the case with the Wright Avenue Commercial district. The C-1 district should generally be located at arterial or collector street intersections and within walking distance of residential areas. The Central City District Land Use Plan recommends Mixed Use for the site. Staff believes that C-1 Neighborhood Commercial zoning is an appropriate zoning for this Mixed Use designated property. The applicant's proposed use, equipment and home furnishings rental (inside display only) is a permitted use in C-1. In addition to the applicant's immediate proposed use, the other uses in C-1 are generally more acceptable in close proximity to residential uses than many of the permitted uses in the C-3 district. STAFF RECOMMENDATION Staff recommends denial of the requested C-3 zoning. Staff recommends approval of C-1 zoning for the site as being more compatible with uses and zoning in the immediate vicinity and in conformance with the adopted land use plan. PLANNING COMMISSION ACTION: (FEBRUARY 19, 1998) Robert Allen and Kay Turner were present representing the applicant. There were several objectors present. Three letters of opposition had been presented to the Commission. Staff informed the Commission that the applicant had amended the request to C-1. In response to neighborhood concerns, the applicant had also offered, as a condition of the rezoning, not to remove the existing two-story residential structure. Staff offered a recommendation of approval of the application, as amended to C-1 with the condition as offered by the applicant. Robert Allen addressed the Commission in support of the item. He stated that the business was primarily small tool rental and that there would be no outside storage or display. He presented photographs of other locations which the applicant has in the state. The photographs showed older residential structures which had been renovated for occupancy by the rental business. Mr. Allen stated that plans were to keep the residential structure as it is, other 3 April 2, 1998 ITEM NO.: C (Cont.) FILE NO.: Z -4373-C than repairing it. He stated that privacy fencing would be installed along the rear property line. Mr. Allen stated that his company desired to be a benefit and an asset to the community. He presented a letter from Abraham Carpenter, Jr. of 1510 Wright Avenue, voicing support for the proposed rezoning. Alvin Duncan, of 2324 Schiller Street, spoke in opposition to the rezoning. He stated that a "rent -to -own" business would be of no benefit to the neighborhood. Debra Harris, the Wright Avenue Alert Center Facilitator, spoke in opposition to the rezoning. She stated that there was already a business in the area that sold second hand tools and furniture. Ms. Harris stated that the proposed use would add to the neighborhood's crime problem. Sylvia Tyler, of 1922 Battery Street, spoke against the rezoning. She stated that a "rent -to -own" business would take advantage of lower income persons. Ms. Tyler stated that the proposed use would be incompatible with the Central High Historic Neighborhood. She also stated that she was opposed to any outside display of equipment. Ms. Tyler read from a letter from Pam Marshall, the Central Little Rock CDC special project coordinator. Ms. Marshall's letter voiced opposition to the rezoning. In response to a question from Commissioner Muse, Mr. Allen stated that a security system would be installed on the structure. In response to a question from Commissioner Adcock, Mr. Allen stated that the adjacent, gravel -covered lot would be developed as a gated, paved and landscaped parking lot. In response to a question from Commissioner Faust, Mr. Allen answered that the house had been empty since October or November 1997. Commissioner Berry asked Sylvia Tyler if she felt this property was better suited for low intensity commercial development or for residential use. Ms. Tyler responded that she felt it was better for the property to be used for offices. Mr. Allen interjected that "rent -to -own" was'less than 2% of the company's business and that was only at the customer's request. In response to a question from Chairman Lichty, Mr. Allen stated that the site would be landscaped to conform to City Code. Dana Carney, of the Planning Staff, briefly described some of the City's landscape requirements. 4 April 2, 1998 ITEM NO.: C Cont. FILE NO.: Z -4373-C In response to a question from Commissioner Nunnley, Mr. Allen confirmed that the neighborhood was aware that the application had been amended from C-3 to C-1. Commissioner Nunnley asked Mr. Allen if he would consider deferring the item to meet with the neighbors. Mr. Allen responded that he would defer the item if it would be beneficial. Sylvia Tyler stated that the neighborhood was working to improve itself and urged Mr. Allen to meet with neighborhood residents. She again spoke against "rent -to -own" businesses. Mr. Allen agreed to defer the item. A motion was made to defer the issue to the April 2, 1998 meeting. The motion was approved by a vote of 6 ayes, 5 noes and 0 absent. PLANNING COMMISSION ACTION: (APRIL 2, 1998) Kay Turner and Robert Allen were present representing the application. There were several objectors present. One letter of opposition from the Central High Neighborhood Association had been delivered to the Commission. Staff presented the item and a recommendation of approval. Dana Carney, of the Planning Staff, stated that he had attended a meeting with the applicant and neighborhood residents. Mr. Carney noted that neighborhood residents were still opposed to the rezoning. Mr. Allen addressed the Commission. He stated that the applicant had met with the neighborhood. Mr. Allen stated that the application had been amended in an effort to be sensitive to the neighbor's concerns. He stated that the site would be landscaped and the building painted one of the five colors recommended as appropriate for the historic area. Kay Turner addressed the Commission and stated the applicant had attended two neighborhood meetings. Ms. Turner stated that she had letters of support from several customers of their other locations. (Staff did not receive copies of those letters). Ms. Turner stated that the applicant had tried to address all neighborhood concerns. Pam Marshall, of 1422 S. Summit and a member of the Central Little Rock CDC, addressed the Commission in opposition to the item. Ms. Marshall stated that the applicant did meet with the CDC. She stated that the members of the CDC discussed the issue and voted to oppose the rezoning. Cliff Riggs, of 2004 W. 17th Street and President of the Central High Neighborhood Association, spoke in opposition. He stated that this proposed use would not enhance the 5 April 2, 1998 ITEM NO.: C Cont. FILE NO.: Z -4373-C neighborhood's efforts to improve itself. Sylvia Tyler, of 1922 Battery Street, spoke in opposition. She stated that the applicant had met with the Wright Avenue Neighborhood Association and the association members had voted to oppose the rezoning. Commissioner Berry asked Mr. Riggs if the association was opposed to the rezoning or to the proposed use. Mr. Riggs stated that there were some "neighborhood friendly" uses within the C-1 district which his organization would welcome but that there were others which he felt were not appropriate. Mr. Riggs added that the applicant had owned the property for several years and that he did not have a good track record as far as upkeep of the site. Chairman Lichty asked Mr. Riggs if he had problems with some of the uses in 0-1, the current zoning of the property. Mr. Riggs responded that there were probably offensive uses in the 0-1 district as well. Commissioner Muse asked Mr. Allen what the chances were that the applicant would put a different business on the site. Mr. Allen responded that the chances were very small. In response to a statement from a neighborhood resident, Mr. Allen stated that outside equipment would never come to this site. If equipment such as mowers or tractors are rented, Mr. Allen stated, they would be delivered directly from another store to the customer's address. A motion was made to approve the C-1 rezoning request as filed, including the conditions offered by the applicant. The motion was denied by a vote of 3 ayes, 7 noes and 1 absent. 6