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HomeMy WebLinkAboutZ-4716 Staff AnalysisOctober 28, 1986 Item No. C - Z-4716 Owner: Charles G. Offutt Applicant: Same Location: 10115 Chicot Ro.ad Request: Rezone from "R-2" to 11C-3" Purpose: Sign Shop Size: 0.45 Acres Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Single Family, Zoned "R-2" West - Vacant, Zoned "R-7" PLANNING CONSIDERATIONS 1. The proposal is to rezone the property from "R-2" to "C-3" to permit some type of sign shop. The exact nature of the sign shop is unclear and it is very possible that "C-3" is not the appropriate district for the use. In addition to the commercial operation, the applicant also plans to reside on the lot. The site is situated in an area along Chicot Road that is somewhat unique. On the west side of Chicot, the land use is very mixed and the zoning pattern reflects that. Between Mabelvale Pike and Burnell on the west side of Chicot, the existing zoning includes "R-2," "R-7," "O-1" and "C-3." The opposite of this is found on the east side of Chicot where the zoning is "R-2" with the exception of the northeast corner of Chicot and Mabelvale Pike which is zoned "C-3." Besides several vacant lots, the land use is single family residences on the east side of Chicot in the immediate vicinity. 2. The site is about one half acre in size and occupied by two structures. An accessory building located in the rear yard area is to be utilized for the sign shop. 3. Chicot Road is identified as a minor arterial on the Master Street Plan so dedication of additional right-of-way will be required because the existing right-of-way is deficient. October 28, 1986 Item No. C - Continued 4. In lieu contributions for street improvements on Chicot Road will be required. 5. There are no legal issues. 6. There is no documented history or neighborhood position on the site. 7. This area was annexed into the City as part of the South Central Island. At the time of annexation, the City also rezoned properties in the island based on the South Central Island plan which was developed by the staff. The plan's goal for commercial zoning was to concentrate it at intersections of a major street and to recognize the more viable commercial uses. A majority of the existing nonresidential zoning found along this section of Chicot Road was accomplished through the South Central Island planning effort which only recognized the northeast corner of Mabelvale Pike and Chicot for commercial development. The proposed rezoning is contrary to the plan and in conflict with the existing zoning patterns. Because of those reasons, staff is opposed to the request and this would be the staff's position relative to any type of nonresidential rezoning. The rezoning could have a very adverse impact on the neighborhood and establish undesirable precedent for the area. STAFF RECOMMENDATION Staff recommends denial of the "C-3" rezoning as filed. PLANNING COMMISSION ACTION: (8-26-86) The applicant, Charles Offutt, was present. There were no objectors. Mr. Offutt spoke and described his business as a specialized sign painting company and said that there was no walk-in traffic. He said that he could no longer afford his current location, and with the property in question, he could live there and work out of an accessory structure in the rear yard. Mr. Offutt went on to say that the detached building had been used for various nonresidential activities over the last few years. At that point, there was a long discussion about the property having some type of nonconforming use status. The Commission instructed the staff to research this issue and contact the Zoning Enforcement Office about the nonconforming status possibility. A motion was then made to defer the request to the September 23, 1986, meeting. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. October 28, 1986 Item No. C - Continued PLANNING COMMISSION ACTION: (9-23-86) The applicant, Charles Offutt, was present. There were no objectors. Mr. Offutt addressed the Commission and said that he was able to obtain letters from seven neighbors and three businesses in the immediate area. The letters indicated that there had been a paint shop housed in the accessory building located at 10115 Chicot Road until February of 1986. Mr. Offutt also had a letter from Franklin Paint Company stating that they had made a number of deliveries to the property under consideration. There was a long dicussion about the letters and other issues. Mr. Offutt went on to discuss some problems he was having with the City's Enforcement staff in knowing exactly what type of information he was required to provide. There were additional comments made by several Commissioners and the Planning staff. A motion was then offered that interpreted Mr. Offutt's evidence as establishing a nonconforming status for the property at 10115 Chicot Road and that the request be deferred until the October 28, 1986, meeting. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. (The item is to be removed from consideration should the nonconformity issue be resolved prior to October 28, 1986). PLANNING COMMISSION ACTION: (10-28-86) Staff reported that the nonconformity issue had been resolved and that the item could be withdrawn from the agenda. A motion was made to withdraw the rezoning request. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent.