HomeMy WebLinkAboutZ-5260-A Staff AnalysisMay 21, 1991
ITEM NO.: 2 Z -5260-A
owner: Allan R. Thalaheimer,
Lou Hoffman and M. L. Weinthaub
Applicant: Allan R. Thalaheimer
Location: 8521 Scott Hamilton Drive
Request: Rezone from R-2 to C-3
Purpose: Commercial
Size: 1.4 acres
Existing: Vacant
SURROUNDING LAND USE AND ZONING
North - Commercial, zoned C-3
South - Single -Family, zoned R-2
East - Vacant, zoned R-2
West - Mobile Home Park, zoned R-2
STAFF ANALYSIS
In 1989, a commercial rezoning request was filed for the same
property, and the proposal was to reclassify the site to C-1
and C-3. During the Planning Commission hearing, the
application was amended to delete the C-1 area and rezone
only the west 380 feet to C-3. The rezoning was denied by
the Planning Commission and the matter was appealed to the
Board of Directors. On two separate occasions, February 20,
1990 and May 1, 1990, the Board failed to pass an ordinance
rezoning the property as amended. (The issue was
reconsidered by the Board a second time at the request of a
Board member because he was absent at the February 20
meeting.) The staff recommended denial of the initial
rezoning and the amended request throughout the entire
process.
The issue now before the Commission is to rezone 1.4 acres,
the West 380 feet, from R-2 and C-3. This request is
identical to the 1990 rezoning that was denied by both the
Planning Commission and the Board of Directors. The property
has 165 feet of frontage on Scott Hamilton and is vacant.
Zoning in the immediate vicinity is R-2, C-3 and OS, with the
site abutting C-3 on the north. Land use found in the area
includes single-family, a mobile home park, a nursing home, a
church, commercial and industrial. All of the non -single
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May 21, 1991
ITEM NO.: 2 Z-5260-A(Cont.
family uses are nonconforming, except for the retail use on
the existing C-3 tract. Two significant public uses, the
City of Little Rock's maintenance facility/yard and
Metropolitan High School, are also located in the general
area.
The existing C-3 and OS were rezoned in June 1989. (The
applicant amended the request at the Planning Commission
hearing to include the OS area for the rear of the property).
At the time of the rezoning, the Geyer Springs East district
plan was also amended to show a small commercial pocket on
the eastside of Scott Hamilton Drive. The plan was modified
by identifying the C-3 site and three parcels to the -north
for commercial development. For property in question, the
land use was changed from residential to office use.
With the first C-3 rezoning to the north and the previous
reclassification attempt for this site, staff had a number of
concerns and did not support any of the proposed rezonings.
The current application raises the same issues and staff is
still opposed to a commercial reclassification. Some of the
potential problems include establishing an undesirable
commercial strip and possible adverse impacts on the existing
residential uses. Also, there have been no material changes
since last year that could help justify any commercial zoning
for the site.
Continuing to rezone and amend the land use plan will strip
out Scott Hamilton Drive and result in a substandard
development pattern. Amending a plan should be based on the
real change of circumstances and not because of a single
rezoning request. To initiate another amendment at this time
would be inappropriate and reduce the value of the land use
document.
ENGINEERING COMMENTS
Scott Hamilton Drive is classified as a minor arterial and
the right-of-way standard is 90 feet or 45 feet from the
center line. Dedication of additional right-of-way will be
required.
STAFF RECOMMENDATION
Staff recommends denial of the C-3 rezoning request.
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May 21, 1991
ITEM NO.: 2 2--525�-A Cont.
PLANNING COMMISSION ACTION (May 21, 1991)
The applicant was presented by Philip Kaplan. There wexe no
objectors in attendance. Mr. Kaplan spoke and described the
existing land use along Scott Hamilton Drive. Mr. Kaplan
said the property would not be used for a single family
residence and the C-3 rezoning was appropriate for the site.
He then indicated that the proposed use for the location was
a small convenience store.
There were some discussion about the need for site plan
review and OS zoning.
Philip Kaplan spoke again and said the staff was ignoring the
realities of the area. Mr. Kaplan also said the rezoning
would be consistent with the existing C-3 directly to the
north.
Bob Brown, the City's Plan Specialist, addressed the
buffering and landscaping requirements.
A motion was made to recommend approval of C--3 and OS for the
rear portion of the property (to Mize Road). Mr. Kaplan
agreed to the OS zoning and amended the request to include
the OS area . The vote was 7 ayes, 2 nays, 1 absent and
1 open position. The motion was approved.
C