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HomeMy WebLinkAboutZ-5135-A Staff AnalysisAugust 25, 1992 ITEM NO.: 1 Z -5135 - Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Roger and Winston Horton Roger Horton 12,412 Sardis Road Rezone from R-2 to C-3 Printing Company 3.29 acres Printing Company SURROUNDING LAND USE AND ZONING North - Single -Family, zoned R-2 South - Auto Repair, zoned R-2 East - Single -Family, zoned R-2 West - Single -Family, zoned R-2 TAFF ANALYS The request before the Planning Commission is to rezone a 3.3 acre tract on Sardis Road from R-2 to C-3. The site is situated between Alexander Road and the proposed alignment for the South Loop. Currently, there is a printing company, a nonconforming use, on the property. The owners of the business would like to expand the building with a 50 foot X 100 foot addition, however, the zoning ordinance prohibits expanding nonconforming uses. Therefore, the owners have filed a request to reclassify the site to C-3 to do away with the nonconforming status. In 1989, a C-3 application was filed for the same location because of a possible expansion issue. The owners were instructed by the fire marshal to construct a separate area for the storage of cleaning fluids. Also, there was some concern over a covered walkway that had been built after the property was annexed in 1985. After one hearing, the Planning Commission referred the issue to the Board of Adjustment for clarification of the expansion issue. The Board of Adjustment determined that the proposed construction was not an expansion of a nonconforming use, and the C-3 request was withdrawn from the Planning Commission agenda. Staff had recommended denial of the 1989 C-3 request. The zoning in the general vicinity is primarily R-2. At the intersection of Sardis Road and Alexander Road, there is some commercial zoning. Also, north of Alexander Road there 1 August 25, 1992 ITEM NO.: 1 Z -5135-A Cont. is a large area of industrial zoning, I-1, I-2 and I-3. Land use includes single family, commercial, auto repair and service uses. A majority of the nonresidential uses are nonconforming and there are vacant parcels found throughout the neighborhood. The site in question is in the fitter Creek district and the adopted land use plan shows the property for single family use. All of the area south of Alexander Road, except the southwest corner, is identified on the plan to remain single family. The land use element recognizes the Alexander/Sardis intersection, the northwest and southwest corners, as the commercial node. Both corners are zoned either C-2 or C-3. It is the staff's position that nothing has changed since the 1989 request to justify a commercial reclassification for 12,412 Sardis and staff does not support the C-3 rezoning. At this time, the land use concept should be maintained and only those areas shown on the plan for nonresidential use should be rezoned. As previously mentioned, the property is located just north of a possible alignment for the South Loop. Some land has been acquired for right-of-way, however, the exact location of the roadway has not been finalized. In fact, the Arkansas Highway and Transportation Department is in the process of doing an environmental review in which alternative routes are considered. To assume that the design of the South Loop is tied down, and establishing another commercial node is premature at this time. ENGINEERING COMMENTS Sardis Road is a minor arterial and the right-of-way standard is 45 feet from the centerline. The existing right-of-way is deficient and dedication of additional right-of-way will be required. STAFF RECOMMENDATION Staff recommends denial of a C-3 rezoning request. PLANNING COMMISSION ACTION: (AUGUST 25, 1992) The application was represented by Roger Horton. There were no objectors in attendance. Mr. Horton presented some history of the area and background on the property. Mr. Horton told the Commission that the proposed expansion is needed for additional space for stock, and said that he has had no problems with his neighbors. He then described 2 August 25, 1992 ITEM NO.: 1 Z-5135-A(Cont.) the traffic flow on Sardis Road and the surrounding uses. Mr. Horton said the R-2 zoning places limitations on the property and the three acres were purchased to accommodate future growth. There was some discussion about various issues and Mr. Horton responded to several questions. He said the printing company is anticipating considerable growth in the future and expansion will be needed for the continued operation. Comments were then offered about the C-3 request and utilizing the PCD process for the property. Ruth Bell, representing the League of Women Voters, discussed the area and said that she is concerned with the C-3 request. Ms. Bell told the Commission that she is comfortable with the PCD because the process would tie down the use. Roger Horton spoke again and amended the request to a PCD. A motion was made to withdraw the C-3 rezoning, amend the request to PCD and defer the issue to the September 8, 1992 hearing. The motion was approved by a vote of 11 ayes, 0 nays and 0 absent. (The Planning Commission also waived additional filing fees and written notification of property owners.) 3 1