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HomeMy WebLinkAboutZ-5425 Staff AnalysisMay 21, 1991 -5425 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Robert D. & Sandra Lynn Vowell Mark J. Riable North end of Warehouse Road Rezone from R-2 to I-2 Industrial 4.2 acres Vacant SURROUNDING LAND USE AND ZONING North - Single-family, zoned R-2 South - Vacant and Auto Sales, zoned C-4 and I-2 East - Open space and Industrial, zoned OS and I-2 West - Residential, zoned R-2 STAFF ANALYSIS The property in question is situated at the end of Warehouse Road, and the request is to rezone the 4 acres from R-2 to I-2. Warehouse Road is located on the north side of I-30 and about 1/2 mile west of Chicot Road. The site can be classified as being undeveloped because there is only a small accessory building on it at this time. Other than indicating some type of industrial use, no specifics or details about the property's future development have been provided to the Staff. Zoning of the area is a combination of R-2, C-3, C-4, I-2, PCD and OS. The site abuts R-2 land on two sides and C-4 and I-2 on the south and east sides. Existing land use is single-family, commercial, office, auto sales, industrial, and a roofing contractor. A majority of the single-family units are located in an established residential neighborhood that adjoins the property on the north. However, there are also several residences to the south and west. The properties that take access from the I-30 frontage road are either non-residential or undeveloped at this time. Between Mabelvale Pike and this site there are some additional single-family residences and a mobile home park. 1 May 21, 1991 ITEM NO.: B Z-525 Cont. Rezoning at least a portion of the land under considera-ion to either a commercial or industrial classification is supported by the adopted plan, Geyer Springs West. The land use element of the plan shows some of the property as "commercial/industrial" and the remainder for park/open space. The recommended land use line almost bisects the parcel from the northeast corner to the southwest corner with the industrial area southeast of the line. The site is prone to being wet or having flooding problems. However, the land is not within the designated flaodway area. Engineering has indicated that the creek and the surrounding environs have not been mapped by the Corp of Engineers. Also, the park/opeace area is notan es art of the Master Parks Plan. It appears attempting to protect the wet lands and provide a buffer for the residential area to the north. Staff's position is that an I-2 reclassification is a reasonable option for most of the site, including some of the park/open space. Trying to create a zoning configuration using the Geyer Springs West Plan would be somewhat difficult because the land use lines are not based on an established floodway or a Master Parks Plan component. We do feel that a buffer is needed on the north side and recommend a 100 foot OS area. The existing 100 foot OS strip was zoned as part of the I-2 rezoning action for the land to the east. ENGINEERING COMMENTS 1. Flooding Problems 2. An Excavation Permit will be necessary prior to clearing taking place on the property. 3. When the property is developed, a cul-de-sac or some other method of terminating Warehouse Road will be required. STAFF RECOMMENDATION Staff recommends approval of I-2 with a 100 foot OS buffer strip adjacent to the north property line. 2 May 21, 1991 ITEM NO.: B Z-5425 Cont. PLANNING COMMISSION ACTIO (April 9, 1991) The applicant was not present. There were nine registered objectors in attendance. After some discussion, the Commission decided to continue with the hearing and heard comments from the property owners opposing the I-2 rezoning. Becky Denison spoke first and asked that the request be denied, especially since the applicant was not present. Ms. Denison said the property was inappropriate for industrial use, the rezoning would decrease property values, and there would be an increase in flooding problems with any development on the site. Ms. Denison also said that a. 100 foot O -S strip was not enough to buffer noise created by certain uses. Bonnie Holland said that she was against the rezoning and an industrial use would impact the residential neighborhood. Gene Dorman told the Commission that he was adjacent to the property but had not received any notice of the rezoning request. Mr. Dorman went on to talk about the area and flooding which he described as a major problem. He then read a letter from a Realtor that described potential problems that could be created by industrial rezoning. Mr. Dorman indicated that he was totally opposed to the rezoning because it would have a serious impact on the residential neighborhood. Robert Holland, John Adams, and Don Nance all said that they were opposed to the rezoning and described problems in the area. Mr. Adams was concerned with how the rezoning would affect property values, and said that there was residential use on two sides. Mr. Nance said flooding problems downstream would increase and the rezoning should be more compatible with the neighborhood. Russell Terry opposed the rezoning because of the potential flooding, noise, and removal of trees. Mr. Terry said tha}_ a drainage problem already existed and an industrial use would compound the situation because property in question absorbs water. Phil DePriest voiced his opposition to the I-2 rezoning and reinforced what the other neighbors said in their presentations. Mr. DePriest also stressed that the creek was a flooding problem. There were some questions about the industrial use on the I-2 parcel to the east. Mr. Dorman said that the existing user, Midway Trucking, was established prior to the subdivision being developed. 3 May 21, 1991 ITEM NO.: B Z-5425 Cont. Larry Vest said that he abutts the property and was against rezoning. Jerry Gardner, City Engineering Staff, discussed flooding in the area and said the property will be subject to the storm water detention ordinance. A motion was made to recommend approval of the I-2 rezoning request. The vote was 0 ayes, 5 nays, 5 absent, and 1 abstention (Brad Walker). The item was automatically deferred to the May 21, 1991 meeting because of the motion failing to receive six votes. PLANNING COMMISSION ACTION (May 21, 1991) Mark Riable was present and indicated that he was representing the Vowells, the owners of the property. There were seven objectors in attendance. Mr. Riable said the Vowells operated a car wholesaling business, and went on to describe the Vowells' ownership in the area. He said the Vowells were willing to include a 100 ft. buffer and zone it OS along the north property line. Mr. Riable said the site was needed for additional storage, a truck turn -around and some minor repair work. Mr. Riable indicated that the land was not suited for single family use and the creek would not be impacted. Mr. Riable then suggested rezoning to C-4 and 100 ft. OS area as a possible option. Jerry Gardner, City Engineering, addressed the detention ordinance requirements and said the ordinance would come in to play at the time a building permit was issued. Mr. Gardner made some other comments about the creek and flooding. Gene Dorman spoke and objected to the rezoning. Mr. Dorman submitted a copy of a letter from Jeff Pride, a realtor, which described potential problems created by the rezoning. Mr. Dorman then discussed the problems with the creek and flooding in the neighborhood. He then presented a petition with 132 names against any rezoning, including C-4. Mr. Dorman said the residences were concerned with noise and property values and were not interested in having a used car lot in their backyards. Jim Harris, a engineer with the Arkansas Highway and Transportation Department, said he has lived in the neighborhood for five years and the flooding has become worse. Mr. Harris said that the Corps of Engineers has studied the general area and flooding. He also said 4 May 21, 1991 ITEM �0.: B �-5425 Cont. increased runoff has caused a problem and anything done on the property would impact the creek and the surrounding neighborhood. Charles Cockman, a resident on Edwina Drive, said that the neighborhood floods after any type of rain, and he asked that rezoning not be approved because it would add to existing problems. Mr. Cockman commented on other properties in the area and asked several questions about the site. Jerry Gardner responded to some of the questions and then discussed the Corps of Engineers' study. Mr. Gardner indicated that there should be a designated floodway through the site. He went on to say flooding was a problem and runoff on the site would have to be limited. Mr. Gardner made some additional comments about the detention ordinance, and said that there were some flow in the creek all the time. JoAnn Ishmael and Diana Turner said flooding was a grave problem for the neighborhood. They described the area and the creek. Ms. Turner said that any change to the property would add to existing problems. Gene Dorman spoke again and said the residents did not want any development on the property and were against any C-4 or I-2 zoning. Mr. Dorman then offered some comments about flooding in the neighborhood. Mark Riable said that C-4 fits the proposed use and was a reasonable option for the property. Mr. Riable also said the Vowells did not have the ability to control some of the other problems found in the area. Mr. Riable then amended the request to C-4 with site -plan review and 100 ft. OS strip adjacent to the north property line. A motion was made to recommend approval of C-4 , the 100 ft. OS area and the requirement for site -plan review as amended. The motion was approved by a vote of 7 ayes, 2 nays, 1 absent and 1 open position. A