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HomeMy WebLinkAboutZ-5276 Staff AnalysisJanuary 30, 1990 Item No. D - Z-527.6 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Ivey Mann Ben McMinn Wanda Lane at South University Avenue Rezone from 11R-2" to "PCD" Commercial 0.4 acre Commercial (nonconforming) SURROUNDING LAND ,USE AND TONING: North - Single family, zoned 11R-2" South - Vacant, zoned 11R-2" East - Commercial, zoned 11C-3" West - Commercial, zoned PCD STAFF ANALYSIS: The northeast corner of Wanda Lane and South University has 11C-3" nonconforming status and small 11C-3" uses have utilized the property over the years. Several months ago, a "C-4" use, boat and camper sales, occupied the site and began displaying merchandise on the outride. Because of the 11C-4" activity, an enforcement action was initiated and the rezoning application was filed. It is now the staff's understanding that the boat and camper sales company has relocated and another commercial establishment is proposing to use the property. The site is two platted lots with frontage on Wanda Lane and the South University frontage road. There is one nonresidential structure on the property with areas for parking and storage. Land use is made up of single family, multifamily, office, commercial, and a lodge for a fraternal organization with the nonresidential uses fronting South University. The single family residences are part of a well established neighborhood found along Denise Drive and Wanda Lane. The property abuts a single family lot to the north and a 1 January 30, 1990 Item No. D - Z-5276 (Continued)__ _-,rn_-__..___ commercial use on the east side. Across Wanda Lane, there is a small commercial center with various types of retail uses. Zoning is a combination of 11R-211, 110-311, "C-311, 11I-2119 "PCD" and "OS". The PCD parcel is the location of the strip center across Wanda Lane. The Geyer Springs West Land Use Plan shows the property in question for commercial use but does not specify a zoning district. However, because of the site's location, an entrance to a residential neighborhood, staff is concerned with a 11C-3" or 11C-4" rezoning for the property. It can be argued that a commercial classification that does not provide for site plan review, such as a PUD, could have an adverse impact on the residences to the north and create problems for the neighborhood. A 11C-4" rezoning is inappropriate because of the property's size and it permits uses that are questionable for a residential neighborhood. Any proposed reclassification of the site should be submitted as a PCD to allow thorough review of the proposal as_ was done for the project on the west side of Wanda Lane. ENGINEERING COMMENTS: This street intersection will be effected by proposed construction of modifications to the highway. As part of the 1988 bond issue, University-Chicot Connection, the City has requested that the Arkansas State Highway and Transportation Department modify the exit ramp off South University (U.S. 67-70) at this location and close the access to South University from the frontage road. This change has not been formally approved by the Highway Department but has been received favorably by the Engineering staff. The City's portion of this work may begin construction next year. In addition, we understand that consideration is being given to converting this frontage road to one-way (southwest) as a part of the conversion of all interstate and divided highway frontage roads to one-way as a traffic safety measure. We do not know of the timing of this change but it is part of a nation-wide trend being encouraged by the Federal Highway Administration. STAFF RECOMMENDATION: Staff recommends denial of the 11C-4" rezoning request. 2 January 30, 1990 Item No... D-..Z-5276._(Conti,nued).. PLANNING COMMISSION ACTION: (January 2, 1990) The applicant, Ben McMinn, was present. There were no objectors. Staff reminded the Commission of the petition with 60 -plus names opposed to the "C-4" rezoning and submitted it to the Chairman. Mr. McMinn spoke and said he was representing the owner, Ivey Mann, who has owned the property for 30 years. Mr. McMinn went on to say that there had been a grocery store on the property for 25 years and it was annexed as a nonconforming use. He then said a liquor store was the next occupant, also a 11C-3" nonconforming use. After the liquor store, a truck or camper top company occupied the property and not a boat and camper sales operation as mentioned in the staff's analysis. Mr. McMinn said the use vacated the property after receiving a notice from the City because of being a 11C-4" use with outside display. He also said the existing structure was a commercial building and could not be used for anything else. There was a long discussion about various issues, including utilizing the short -form PCD for the site. At this point, Mr. McMinn amended the application to a short -form PCD for all 11C-3" uses. A motion was made to recommend approval of the amended request from 11C-4" to PCD and to defer the item for two weeks to the January 16, 1990 hearing. The motion was approved by a vote of 11 ayes, 0 nays and 0 absent. STAFF UPDATE: After reviewing the amended request, staff supports a PCD for the property in question with the following conditions: - The PCD shall be for all 11C-3" uses; J. ,v�_ .,.._ Parkin shall be provided in the front � � ,�-',.t-,=., `� - g p yard area and west of the building (the existing parking areas); - An opaque screening fence shall be maintained along the north property line; No outside stora a or parking shall be permitted in the yard area to the �-_p._ e buildzng.(Lot 18); and - The structural involvement shall be limited to one single story building. If the existing structure is destroyed by fire or natural causes, a new building can be constructed with the same footprint and square footage. 3 s January 30, 1990 .Item No._.D -...-_Z. 5 2. 7.6(Cgnt_inued)_. PLANNING COMMISSION ACTION: (January 16, 1990) The applicant, Ben McMinn, was present. There were five objectors in attendance. Staff recommended approval of the PCD as amended with several conditions. Mr. McMinn said he agreed with staff's position and the conditions. Pat Baldridge of 9 Wanda Lane said she was opposed to the rezoning and discussed the area. Ms. Baldridge said the existing PCD was causing problems and traffic was impacting the neighborhood. She went on to say that parking was a problem and there would be too much traffic from two commercial corners. Ms. Baldridge also reminded the Commissioners of the petitions against the rezoning. Mary Carman opposed the rezoning and discussed the Shriner's property and the existing PCD. She said that robberies had increased since the PCD was approved and asked what would be an appropriate business for the corner under consideration. Glenda Smith objected to the rezoning and said the existing PCD was creating problems for the neighborhood. Ms. Smith also said that the intersection of Wanda Lane and South University was very dangerous. Jerry Gardner of the City Engineering office then discussed the proposed changes to the South University/Wanda Lane intersection. He said improvements would be made in stages and take several years to complete. Next to speak was Dwaine Smith who said the neighborhood was nice, but it was having problems because of the existing PCD. Mr. Smith said homes were being broken into and screening fences were not being maintained. Ben McMinn spoke and said the problems were not caused by the Mann property, and the owner has the right to use it for all 11C-3" uses because of the nonconforming status. The objectors said they understood the nonconforming status but they were concerned with liquor stores using the site. There was a long discussion about the property and various uses. Commissioner Oleson offered a motion to amend the PCD to exclude a beverage shop and bar or tavern from the permitted uses. Mr. McMinn said that he could not amend the request to exclude the uses without first talking to the owner. The motion failed to receive a second. 4 I January 30, 1990 Item No. D .- Z-5276 (Continued) Some.comments were made about a pending liquor license for the property and its scheduled hearing on January 17, 1990. Mr. McMinn said he was unaware of the liquor license request and he had no problem with deferring the item. The residents said that they did not object to a deferral. A motion was made to defer the PCD request to the January 30, 1990 meeting. The motion was approved by a vote of 8 ayes, 0 nays and 3 absent. PLANNING COMMISSION ACTION: (January 30 1990) The applicant, Ben McMinn, was present. There was one interested resident in attendance. Staff again voiced support for a PCD with some modifications to the conditions. It was recommended that the PCD be restricted to the permitted uses in the "C-3" District and an additional parking area to the east of the building be added for employees. Mr. McMinn spoke briefly and said he agreed with all the conditions. Pat Baldridge, a resident on Wanda Lane, addressed the Commission and indicated that she was satisfied with the recommended conditions attached to the PCD for the property. A motion was made to recommend approval of the PCD with the conditions as suggested by staff. The motion was approved by a vote of 9 ayes, 1 nay and 1 absent. 19