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HomeMy WebLinkAboutZ-4790 Staff AnalysisMay 5, 1987 Item No. A - Z-4790 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Heavrin Construction Company Joe D. White Hilaro Springs Road at the "Railroad Tracks Rezone from "R-2" to "I-2" Industrial 6.2 acres Industrial SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Railroad Right -of -Way, Unclassified East - Vacant, Zoned "R-2" West - Vacant, Zoned "R-2" PLANNING CONSIDERATIONS: • 1. The request is to rezone the site to 11I-2." The property is currently occupied by a nonconforming industrial use, a contractor's yard, and in the past it has also been the location of the Fishing Hole, a "for pay" fishing operation. The site is on Hilaro Springs at the city limits and in an area that is zoned "R-2" because of being annexed within the last two years. Land use in the general vicinity is primarily single family with several multifamily units and a mobile home park. A majority of the single family residences are located in established subdivisions found on both sides of Hilaro Springs Road. Most of the land adjacent to the site and to the south of the railroad tracks is still vacant. 2. The site is occupied by several structures for the contractor's operation and a fishing pond with the Little Fourche Creek running along the south property line. 3. Hilaro Springs is classified as a minor arterial on the Master Street Plan so it appears that dedication of additional right-of-way will be required. May 5, 1987 Item No. A-- Continued 4. The present City of Little Rock floodway maps show that the entire site is located within the floodway. The 1987 FIS restudy conducted by FEMA, of the major streams and creeks within the City of Little Rock, shows a floodway involvement on the property of over 80 percent. The current Board of Directors policy is that if rezoning of the property is requested, dedication of a floodway is required. 5. The City of Little Rock inherited a floodway violation case from the county concerning this site when the property was annexed into the City. Currently, the City's legal staff is pursuing the floodway violation as a continuation of that court case. 6. The site was annexed into the City in 1985 as part of the referendum area. In December 1986, the Fishing Hole requested the Board of Adjustment to review a staff's decision denying a privilege license for the use because it was determined that an expansion of a nonconforming use had occurred. The Board of Adjustment reaffirmed the staff's position because the nonconforming use had been expanded. There is no documented neighborhood position on the propEbrty. 7. This site is part of the Geyer Springs East District Plan which identifies the entire tract as being part of the Little Fourche Creek floodway. Because of the new floodway study, the northern one-fourth of the property is outside the floodway and probably would be shown as single family if the plan was being formulated now. The plan identifies the immediate area for continued residential use with nearest nonresidential uses shown adjacent to Baseline Road to the north. Industrial areas are concentrated along Arch Street Pike and I-30 on the plan. Those locations either have existing industrial zoning in place or have a greater potential for future industrial development than the area under consideration. With the request being in conflict with the adopted land use plan and the property's other problems, legal and the floodway, staff's position is that the "I-2" reclassification is inappropriate and does not support the rezoning. And finally, the Master Parks Plan identifies the Little Fourche Creek as Proposed Open Space, Priority 2 which suggests some City involvement with the property in the future. May 5, 1987 Item No. A - Continued STAFF RECOMMENDATION: Staff recommends denial of the 11I-2" rezoning as filed. PLANNING COMMISSION ACTION: (2-10-87) The applicant, Joe White, was present. There were no objectors. Mr. White spoke and said he was presenting Heavrin Construction Company. He then said that the property was used for a construction yard and discussed the permit for the development in the floodway when the site was outside the City limit. Mr. White reviewed the Fishing Hole issue and described that use of the property. There were several comments made about the floodway issue, and then Mr. White requested at least a 60 -day deferral (two zoning meetings) to explore the possibility of utilizing a PUD for the site. A motion was made to defer the request to the May 5, 1987, meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (5-5-87) Staff reported that the applicant had submitted a letter requesting that the rezoning be withdrawn. A motrion was made to withdraw the item without prejudice. The motion was approved by a vote of 10 ayes, 0 noes, and 1 absent.