HomeMy WebLinkAboutZ-4375-A Staff AnalysisJanuary 28, 1992
ITEM NO.: 3 Z --4375-A
owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Dynamic Enterprises, Inc.
John R. Scott
5900 South University
Rezone from C-4 to I-2
Auto Sales
1.5 acres
Auto Sales
SURROUNDING LAND USE AND ZONING
North - Auto Sales, zoned C-3
South - Motorcycle Sales, zoned C-4
East - Auto Sales, zoned I-2
West - Single -Family, zoned R-2
STAFF ANALYSIS
5900 South University is currently zoned C-4 and the request
is to rezone the property to I-2. The use of the site is
auto sales which will continue, even if the proposed
reclassification is successful. The primary reason for
filing a rezoning to I-2 is to permit the display of autos in
the first 20 feet of the front yard setback. C-4 prohibits
"open display of any kind whatsoever in the first 20 feet of
a required front yard setback".
In September 1991, the owner of 5900 South University filed a
variance request from the open display provision in the C-4
district. Staff did not support the request and the Board of
Adjustment denied the variance. The property was rezoned
from C-3 to C-4 in 1985.
Zoning in the area is R-2, C-3, C-4, I-2 and PRD. For
properties with frontage on South University, the zoning is
C-3, C-4 and I-2. The existing I-2 along this segment of
South University was established with the adoption of the
1980 Zoning Ordinance when the previous "H" district
converted to I-2. There have been no recent I-2 rezonings
of any site in the immediate vicinity. All the reclassifica-
tions over the last ten years have been either to C-3 or C-4.
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January 28, 1992
ITEM NO.: 3 Z -4375-A Cont.
Land use includes single family, a school, commercial, auto
and motorcycle sales, auto service and commercial sales with
outside display. The land use pattern along this portion of
South University is typical of other arterials found in this
part of the city and range from small retail establishments
to auto dealerships.
The site under consideration is part of a linear commercial
area showing on 65th Street West Plan. The recommended
commercial area extends from Mabelvale Pike to Forbing Road,
a distance of approximately one mile. Both C-3 and C-4 are
the appropriate districts for the plan's recommended land use
pattern. Therefore, an I-2 reclassification does not conform
to the adopted plan and staff is opposed to the requested
rezoning. The current C-4 zoning maintains the direction the
City has endorsed for South University over the last several
years. C-4 is designed for heavily traveled arterials, and
the district allows auto sales by -right.
ENGINEERING COMMENTS
There are none to be reported.
STAFF RECOMMENDATION
Staff recommends denial of the I-2 rezoning.
PLANNING COMMISSION ACTION:
The applicant, John Scott, was
objectors in attendance. Mr.
Dynamic Enterprises and stated
lots in Arkansas and Texas. M
needed to use the first 20 fee
display, and that was the reas
then reminded the Commission t
display in the first 20 feet a
Mr. Scott said the car lot has
and the area in question was p
told the Commission that the C
building generated the require
first 20 feet.
(JANUARY 28, 1992)
present. There were no
Scott said he was representing
that they operate thirty car
r. Scott said the dealership
t of the front yard setback fo
on for the I-2 rezoning. He
hat I-2 does not prohibit open
s does the C-4 district.
been in operation since 1985,
aved at that time. Mr. Scott
ity's review of plans for a n
ment for no open display in t
hr
ew
e
Mr. Scott then submitted photos and a petition in support of
the I-2 request. He went on to describe the seven photos and
said that they illustrated the existing uses and other car
dealerships in the area. He pointed out that the photos show
all the other car lots using the first 20 feet for display.
E
January 28, 1992
ITEM NO.: 3 Z -4375-A Cont.
Mr. Scott said that his clients need the 20 feet to display
fourteen vehicles. He then continued by discussing C-4 and
I-2 districts. Mr. Scott then presented an aerial photo and
described the South University corridor.
Ruth Bell, representing the League of Women Voters, spoke and
expressed concerns with the issue. Ms. Bell said C-4 was the
appropriate district for the use and site. She said South
University was an entrance into the community and the future
use of the right-of-way could change.
Kenny Scott, Chief Enforcement Officer, discussed the Board
of Adjustment's action and other dealerships in the immediate
vicinity.
Jim Lawson, Director of Neighborhoods and Planning, addressed
the Commission and said I-2 was a concern to the staff.
Bob Brown, Plans Specialist, discussed landscaping
requirements and said a 9 foot buffer would be required in
the front. Mr. Brown made some additional comments about
zoning buffers.
Jim Lawson spoke again and suggested that a PCD was a
reasonable option for the site. Mr. Lawson also said that
the staff would support waiving the filing fees and
renotification of property owners.
Mr. Scott responded to questions about the building permit
request and other issues.
There was a long discussion about various issues.
Jerry Gardner, City Engineering, discussed South University
and said it would be widened in the future.
John Scott offered some comments and said the owners would
comply with the landscaping requirements. After additional
discussion, Mr. Scott amended the application to PCD and
requested a waiver of the filing fees and notification of
property owners.
A motion was made to withdraw the I-2 rezoning, amend
the application to PCD and waive the filing fees and
renotification. The motion was approved by a vote of
10 ayes, 0 nays and 1 absent. (The Planning Commission
instructed the staff to place the request on the
February 25, 1992 agenda and Subdivision Committee review
on February 6, 1992.)
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