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HomeMy WebLinkAboutZ-5987 Staff AnalysisFILE Z-5297 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Elton R. Morehart Larry Morrow 10420 Helm Dr. Rezone from R-2 to C-4 operate auto sales and repair .23 acres Auto repair and sales under violation notice SURROUNDING LAND USE AND ZONING North - Vacant land, zoned C-4 South - Railroad right-of-way, zoned R-2 East - Industrial, zoned I-2 West - Residential, zoned R-2 STAFF ANALYSIS This request comes to the Commission as the result of zoning enforcement action. The use as auto repair and sales was observed by an enforcement officer and a notice was issued to stop or rezone. The site has a history of commercial use which predates annexation and zoning regulation. However, any and all use of a C-4 nature was lost as a nonconformity when the last legal permitted occupancy by an auto repair closed in 1992. Since that time no commercial activity has occupied the building. The land use and zoning in the area is somewhat mixed, ranging from R-2 to I-2. However, the current zoning closely aligns with the adopted land use plan for this area. The realignment or Mabelvale Pike to one block north reduced this site as an arterial frontage and placed it on a residential type street.: "C-4" use and zoning was provided in the Zoning ordinance for location along arterial streets. It should be pointed out that across the street, to the east, there is industrial zoning and usage. LAND USE PLAN ELEMENT The site is in the Geyer Springs West District. With the realignment of Mabelvale Pike and Mabelvale West to the north, this area is no longer a major traffic or commercial FILE N Z-5987(Cont.) area. If the Commission approves a C-3 or less reclassification, the result will meet the plan. However, C-4 is to intensive. The Plan recommends neighborhood commercial or mixed residential for the area. If the Commission recommends the C-4, staff will need to re-examine the vicinity for possible plan changes. ENGINEERING COMMENTS With Construction: 1. Both Helm and Mabelvale are substandard streets and will require widening to 1/2 of 36 foot commercial street section with sidewalk. 2. Stormwater detention analysis will be required if impervious area is increased by 500 square feet. 3. Provide status of underground storage tanks before construction permit. 4. A grading permit for special flood hazard and a development permit are required. 5. Contact ADPL&E for approval prior to starting work. STAFF RECOMMENDATION Denial of the application PLANNING COMMISSION ACTION: (MAY 30, 1995) The Chairman introduced this item to the agenda and asked that staff offer the recommendation. Richard wood, of the Staff, offered a lengthy commentary on the adopted Land Use Plan for this area. The history of the subject property being a former service station site prior to annexation. Wood pointed out the mix use and not only of this block but the immediate neighborhood ranging from single family to industrial. He completed the staff recommendation by affirming a -recommendation of denial of C-4 rezoning. In response to a question from Commissioner Chachere, Wood stated that the adjacent property is zoned C-4 to the north and is a vacant parcel. The current property at issue is occupied by a former service station building, a used car lot and repair facility. At this time, that use is in violation thereby causing the application. 2 FILE N Z-5987 Cant.) The Chairman then recognized Mr. Barry Morrow, the applicant, and asked that he come forward and present his application. Mr. Morrow offered a history on the property concerning a recent remodeling permit. He offered a history of the C-4 that is in place. He further outlined that ownership of the two parcels and to some degree answered the confusion about the adjacent zoning. The Chairman pointed out that although there are perhaps some legal questions to be answered here involving the issuance of the remodeling permit. The Commission will restrict its involvement at this time to the land use questions and the appropriateness of rezoning the property. A brief discussion followed involving the Chairman and Mr. Morrow. They discussed the current building, remodeling and occupancy of the building. After a brief discussion of zoning lines and ownerships, some clarification was gained of the issue of whether this property or a portion of this property is currently zoned C-4. The staff position is that where the building is located is not currently zoned C-4; therefore, this application is required. Commissioner Putnam then offered a comment concerning the land use of the area, its mixed nature and that this is one of the few properties which is not now zoned for something other than residential. Commissioner Putnam pointed out the industrial zoning to the east, the commercial to the south, some to the west and north and the railroad track along the south. Chairman Walker then inserted a comment by saying he seemed to be the person to always raise the issue of whether the landscaping of parking lots and other areas meet city code. This issue was addressed by Mr. Morrow by stating the he had already checked those issues with staff and determined that this would not be a problem. In a response to a question from Commissioner Daniels, it was stated that this property has a history of being utilized as a service station. Primarily during that period, it was located on Mabelvale Pike and prior to that street's relocation to the north. Commissioner Adcock then posed a question to the staff as to why we are recommending denial of the application when there is the use already there and why we felt we needed to re-examine the land use of the area in a broader context. Staff responded to Commissioner Adcock's statement by stating that the primary reason for a revisit to the land 3 FILE N Z-5987 (Cont. use plan in this area would be that this is a mixed block which does contain residential, several structures to the west, although somewhat in a deteriorated state. There are structures to the north and west portion of the block that are somewhat better in structure. The primary reason for the recommendation being is that this area is no longer a principal arterial or.a major traffic way in as much as Mabelvale Pike has been turned approximately one block to the north to bypass this area. This is not perceived by the plan to be more than a general commercial not a highway commercial area. In a response to a question from Commissioner Putnam, Wood stated that yes this is an area that is well mixed with the existing nonconforming uses at this time. Some of them are commercial and some of them industrial. (For the record: Staff did receive one letter of objection from a nearby owner.) The Chairman then stated to the rest of the Commission that the item is presented as filed by the applicant for the C-4 rezoning. The item was placed on the floor for a vote. The application was approved by a vote of 6 ayes, 2 nay and 3 absent. 4 May 30, 1995 ITEM Z- 7 owner: Applicant: Location: Request: Purpose: Size: Existing Use: Elton R. Morehart Larry Morrow 10420 Helm Dr. Rezone from R-2 to C-4 Operate auto sales and repair .23 acres Auto repair and sales under violation notice' SURROUNDING LAND USE AND ZONING North - vacant land, zoned C-4 South - Railroad right-of-way, zoned R-2 East - Industrial, zoned I-2 West - Residential, zoned R-2 STAFF ANALYSIS This request comes to the Commission as the result of zoning enforcement action. The use as auto repair and sales was observed by an enforcement officer and a notice was issued to stop or rezone. The site has a history of commercial use which predates annexation and zoning regulation. However,,•any and all use of a C-4 nature was lost as a nonconformity when the last legal permitted occupancy by an auto repair closed in 1992. Since that time no commercial activity has occupied the building. The land use and zoning in the area --is somewhat mixed, ranging from R-2 to I-2. However, the current zoning closely aligns with the adopted land use plan for this area. The realignment or Mabelvale Pike to one block north reduced this site as an arterial frontage and placed it on a residential type street. "C-4" use and zoning was provided in the Zoning Ordinance for location along arterial streets. It should be pointed out that across the street, to the east, there is industrial zoning and usage. May 30, 1995 ITEM NO. 6 Z-5987 (Cont. LAND Q E PLAN ELEMENT The site is in the Geyer Springs West District. With the realignment of Mabelvale Pike and Mabelvale West to the north, this area is no longer a major traffic or commercial area. If the Commission approves a C-3 or less reclassification, the result will meet the plan. However, C-4 is to intensive. The Plan recommends neighborhood commercial or mixed residential for the area. If the Commission recommends the C-4, staff will need to re-examine the -vicinity for possible plan changes. ENGINEERING COMMENTS With Construction: 1. Both Helm and Mabelvale are substandard streets and will require widening to 1/2 of 36 foot commercial street section with sidewalk. 2. Stormwater detention analysis will be required if impervious area is increased by 500 square feet. 3. Provide status of underground storage tanks before construction permit. 4. A grading permit for special flood hazard and a development permit are required. 5. Contact ADPC&E for approval prior to starting work. STAFF RECOMMENDATION Denial of the application PLANNING COMMISSION ACTION: (MAY 30, 1995) The Chairman introduced this item to the agenda and asked that staff offer the recommendation. Richard Wood, of the Staff, offered a lengthy commentary on the adopted Land Use Plan for this area. The history of the subject property being a former service station site prior to annexation. Wood pointed out the mix use and not only of this block but the immediate neighborhood ranging from single family to industrial. He completed the staff recommendation by affirming a recommendation of denial of C-4 rezoning. 2 May 30, 1995 TTEM NO.; 6Z-5987 (Con In response to a question from Commissioner Chachere, Wood stated that the adjacent property is zoned C-4 to the north and is a vacant parcel. The current property at issue is occupied by a former service station building, a used car lot and repair facility. At this time, that use is in violation thereby causing the application. The Chairman then recognized Mr. Barry Morrow, the applicant, and asked that he come forward and present his application. Mr. Morrow offered a history on the property concerning a recent remodeling permit. He offered a history of the C-4 that is in place. He further outlined that ownership of the two parcels and to some degree answered the confusion about the adjacent zoning. The Chairman pointed out that although there are perhaps some legal questions to be answered here involving the issuance of the remodeling permit. The Commission will restrict its involvement at this time to the land use questions and the appropriateness of rezoning the property. A brief discussion followed involving the Chairman and Mr. Morrow. They discussed the current building, remodeling and occupancy of the building. After a brief discussion of zoning lines and ownerships, some clarification was gained of the issue of whether this property or a portion of this property is currently zoned C-4. The staff position is that where the building is located is not currently zoned C-4; therefore, this application is required. Commissioner Putnam then offered a comment concerning the land use of the area, its mixed nature and that this is one of the few properties which is not now zoned for something other than residential. Commissioner Putnam pointed out the industrial zoning to the east, the commercial to the south, some to the west and north and the railroad track along the south. Chairman Walker then inserted a comment by saying he seemed to be the person to always raise the issue of whether the landscaping of parking lots and other areas meet city code. This issue was addressed by Mr. Morrow by stating the he had already checked those issues with staff and determined that this would not be a problem. In a response to a question from Commissioner Daniels, it was stated that this property has a history of being utilized as a service station. Primarily during that period, it was located on Mabelvale Pike and prior to that street's relocation to the north. Commissioner Adcock then posed a question to the staff as to why we are recommending denial of the application when there 3 May 30, 1995 ITEM NO.; 6 Z-5987 (Cont.) is the use already there and why we felt we needed to re-examine the land use of the area in a broader context. Staff responded to Commissioner Adcock's statement by stating that the primary reason for a revisit to the land use plan in this area would be that this is a mixed block which does contain residential, several structures to the west, although somewhat in a deteriorated state. There are structures to the north and west portion of the block that are somewhat better in structure. The primary reason for the recommendation being is that this area is no longer a principal arterial or a major traffic way in as much as Mabelvale Pike has been turned approximately one block to the north to bypass this area. This is not perceived by the plan to be more than a general commercial not a highway commercial area. In a response to a question from Commissioner Putnam, Wood stated that yes this is an area that is well mixed with the existing nonconforming uses at this time. Some of them are commercial and some of them industrial. (For the record: Staff did receive one letter of objection from a nearby owner.) The Chairman then stated to the rest the item is presented as filed by the rezoning. The item was placed on the application was approved by a vote of 3 absent. 4 of the Commission that applicant for the C-4 floor for a vote. The 6 ayes, 2 nay and