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HomeMy WebLinkAboutZ-5499 Staff AnalysisNovember 5, 1991 ITEM NO.: 5 Z-5499 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Jonas Corporation William B. Putnam Main Street and Mabelvale Pike Rezone from R-2 to C-3 Commercial 5.51 acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned R-2 South - Vacant Single -Family, zoned R-2 East - Single -Family and Multifamily, zoned R-2 West - Vacant, zoned R-2 STAFF ANALYSIS The site under consideration is situated at the intersection of Mabelvale Pike/West (the new alignment) and Main Street in Mabelvale. The property is currently zoned R-2, and the request is to rezone the 5.5 acres to C-3 for an unspecified commercial development. A portion of the acreage has been cleared with the remaining land area wooded. Zoning in the area is primarily R-2. Within the block or two of the property, there are several tracts zoned C-3, C-4, and I-2. Across the railroad tracks, the existing zoning also includes some C-3 and I-2. The site abuts R-2 on the all sides. Land use is a mixture of single family, multifamily, commercial, industrial, and a police substation. Some of the uses are still nonconforming and there a number of undeveloped tracts found throughout the general vicinity. The Otter Creek District plan does not show the 5.5 acres for commercial use. (Because of district boundary changes, the site is now part of Geyer Springs west.) The plan reinforces the existing zoning and identifies the property for mixed residential use. The recommended "neighborhood commercial." area on the plan is a group of lots adjacent to the old alignment of Mabelvale Pike (now called Train Station Drive and Helms Drive). Six of the lots are zoned C-3 with a small commercial center on them. Also, there is a nonconforming 1 November 5, 1991 ITEM NO.: 5 z-5499 fcont. use at the corner of Main Street and Helms Drive. The plan does not recognize the C-3 zoning across the railroad tracks, nor does it include the C-4 lot as part of the defined commercial area. Between the neighborhood commercial and the mixed residential, the plan shows a single family area. The fundamental issue that this request raises is whether the new street alignment justifies violating the plan and creating a new commercial location. Staff's position is that the new roadway is not a valid justification for changing the direction of the plan and reorienting the commercial area. The plan's concept for this part of the Mabelvale community should be maintained by not endorsing the proposed C-3 reclassification. If the request is granted, it appears that it would be difficult to deny other commercial zonings in the immediate vicinity and, thus, creating the framework for an unmanageable zoning pattern. This, in turn, could have an adverse impact on the nearby residential uses. The existing commercial appears to be working and approving C-3 for the 5.5 acres could harm a viable neighborhood center. ENGINEERING COMMENTS The existing right-of-way for Mabelvale Pike is deficient and dedication of additional right-of-way will be required. Fifteen feet is needed because the right-of-way standard is 45 feet from the centerline. STAFF RECOMMENDATION Staff recommends denial of the C-3 rezoning request. PLANNING COMMISSION ACTION: (NOVEMBER 5, 1991) The applicant and the owner were present. There were no objectors present. Jim Lawson, Planning Director, recommended the first 300 feet of the property from Mabelvale Pike be zoned C-2 and the balance of the site be zoned Open Space. The "OS" strip would connect to an existing park. Mr. Lawson also indicated that the "OS" strip would be the buffer for the single family subdivision lying directly to the north. The applicant, Bill Putnam, asked the Commission if he could represent his client. Chairman Perkins and the other commissioners objected to his presentation because of Mr. Putnam being present at the Planning Commission hearing. 2 November 5, 1991 ITEM NO.: 5 Z-5499 Cont. Mr. Putnam then asked the owner, David Jones, to present the case. Mr. Jones spoke briefly and agreed with the staff recommendation as stated by Jim Lawson. A motion was made to approve the rezoning application as amended. The motion passed by a vote of 6 ayes, 1 nay, 1 abstention, 2 absent and 1 open position. 3