HomeMy WebLinkAboutZ-4593-A Staff AnalysisOctober 3, 1989
Item No. 2 - Z -4593-A
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
R. E. and Ledenia H. Bradshaw
R. E. Bradshaw
3900-3924 Asher Avenue
Rezone from "C-3" to "C-4"
Commercial with open display
1.5 acres
Existing Use: Single family and commercial
SURROUNDING LAND USE AND ZONING:
North - Single family, zoned "R-3" and "C-3"
South - Commercial and industrial, zoned "C-3" & "1-2"
East - Commercial, zoned "1-2"
West - Vacant and St. Francis House (quasi -public),
zoned "0-3" and "C-3"
STAFF ANALYSIS:
The issue before the Planning Commission is to rezone
approximately 1.5 acres in the area of Pine, Cedar and Asher
Avenue from "C-3" to "C-4" for a commercial use with open
display, such as a used car lot. Currently, there are two
commercial structures on the property along the Asher
frontage and a single family residence on Cedar Street
(Lot 8). The balance of the property is paved for parking
and storage areas.
Zoning in the neighborhood is very mixed and includes 1113-3"
"R-4", "R-5", "O-3", "C-3", "1-2" and PCD. The property
abuts "R-3" lots to the north, and across the three streets
the zoning is "0-311, "C-3" and 111-2". Land use found in the
area is residential, commercial, industrial, offices for the
Arkansas State Police, and a quasi -public use (St. Francis
House). Two of the "C-3" parcels to the west are vacant at
this time. The existing residential uses are situated north
of West 27th Street. Along Asher Avenue, the uses are
either commercial or industrial, ranging from auto repair to
a printing company.
October 3, 1989
Item No. 2 -_ Z _4593-A Continued
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History on the site dates back to 1962 when a zoning
variance was granted for a used car lot. In 1986, a "C-4"
rezoning application was filed for the property in question
and two 1113-3" lots at the southeast corner of Cedar and West
27th Street. Staff supported the "C-4" rezoning except for
the two residential lots, and the owner amended the request
to delete the "R-3" lots at the Planning Commission hearing.
There were some objectors present who asked that only the
Asher frontage be rezoned. The Planning Commission endorsed
the request as amended but the rezoning was denied by the
Board of Directors. The City's action was appealed to the
appropriate court and, after several postponements, the case
was finally dismissed this summer with the understanding
that the owner would file another "C-4" request and go
through the process. (Also, there has been some enforcement
action on the property because of outdoor storage. The
items have been removed so there is no enforcement issue at
this time.)
Staff's position is that circumstances along Asher Avenue
have not changed since 1986 and, again, supports rezoning of
the "C-3" area to "C-4". In light of the existing zoning
and land use, the 11C-4" reclassification is a reasonable
option for the property and should have little impact on the
surrounding uses. Along this segment of Asher, the zoning
pattern is not well defined and there has been a mix of
commercial and industrial zoning. One final item that needs
to be mentioned again is that the property has had a "C-4"
use on it, a used car lot.
ENGINEERING COMMENTS :
Dedication of additional right-of-way for Cedar, Pine and
Asher Avenue to meet the Master Street Plan requirements.
STAFF RECOMMENDATION:
Staff recommends approval of the "C-4" rezoning request.
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October 3, 1989
Item ,No. 2 - Z-45937A_JCont inued.)..
PLANNING COMMISSION .ACTION: (October 3, 1989)
R. E. Bradshaw, the owner, was present and represented by
Josh McHughes, Attorney-at-law. There were no objectors in
attendance. Mr. McHughes discussed the request and
indicated that "C-4" was needed to allow open display. He
then presented some history on the site and described past
problems with previous users having open display. After a
brief discussion, a motion was made to recommend approval of
"C-4" as filed. The motion passed by a vote of 9 ayes,
0 nays and 2 absent.
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