HomeMy WebLinkAboutZ-6018 Staff AnalysisOctober 3, 1995
ITEM NO.• B Z- 018
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Carl Bridges
Carl Bridges
8700 Block of Cunningham Lake
Road, south side
Rezone from R-2 to C-4
Sell cut Christmas trees in
season
1.21 acres
Vacant
SURROUNDING LAND ❑SE AND ZONING
North
- Various
commercial
uses, zoned C-3
South
- Grassy
Flat Creek
and Henderson Junior High
School,
zoned R-2
East
- Various
Commercial
and Industrial uses,
zoned C-3
and I-2
West
- Various
Commercial
uses, zoned C-3
ENGINEERING COMMENTS
Dedicate right-of-way for adjacent streets. Commercial use
dictates 30 foot of ROW from centerline. With any planned
construction street improvements conforming to 36 foot wide
commercial street standards with sidewalks and improved
drainage will be required.
The legal description appears to indicate that the property
is in the regulatory floodway. Sketch Grading and Drainage
plan information is required prior to Planning Commission
action. A development permit and setback distances from
regulatory floodway will be required. Dedication of
easement for floodway is required.
Traffic Engineering recommends denial based on the
insufficient width and condition of Cunningham Lake Road to
handle commercial traffic. Without planned construction,
applicant will not be required to improve roads.
October 3,'1995
ITEM O.: H z-6 18 n .
LAND SE ELEMENT
The site is located in the West Little Rock District. The
Land Use Plan recommends Park/Open Space. For any portion
of the property which may not be in the floodway/floodplain,
the Plan recommends Commercial. If the site is not in the
floodway and the Parks Department does not need the area as
part of the priority one open space shown on the Master
Parks Plan, then a commercial rezoning would be in
conformance. Staff believes this site is not suitable for
C-4 rezoning and that a more restrictive commercial
classification is more appropriate.
TAFF ANALYSIS
The request before the Commission is to rezone this 1.21
acre tract from R-2 to C-4. The property is located one
block south of West Markham Street, between Cunningham Lake
Road and Grassy Flat Creek. The property is currently
vacant and covered with trees and scrub brush. The
applicant has indicated the proposed use to be display and
sales of cut Christmas trees, when in season.
Staff feels that the C-4'rezoning request is inappropriate
for this site and offers the following reasons to support
that conclusion.
The City Engineer's Office has determined that the property
lies in the regulatory floodway. It has been established
city policy that properties lying within the floodway be
dedicated and zoned OS.
The West Little Rock District Plan recommends Park/Open
space for this property. This designation is based on the
assumption that the property is in the floodway/floodplain.
The C-4 rezoning request is not in compliance with the
adopted Plan.
The Land Use Plan recommends commercial for any portion of
the site which may not be in the floodway/floodplain.
Again, staff does not believe C-4 to be an appropriate
commercial zoning for this site. The purpose and intent of
the C-4 district states that appropriate locations for this
district are along heavily traveled major traffic arterials.
This property is located one block off of West Markham
Street and can only be accessed by Cunningham Lake Road, an
extremely substandard street. A more restrictive commercial
reclassification is more appropriate for any portion of the
site which may not be in the floodway/floodplain.
E
October 3, 1995
ITEM B Z-
STAFF RECOMME DAT_ION
Staff recommends denial of the C-4 rezoning request.
PLANNING rommIgSIQH ACTIO :
(AUGUST 22, 1995)
The applicant was not present. There were no objectors
present. Staff presented the item and a recommendation of
denial.
It was noted that the applicant was not present and a motion
was made to defer the item to the October 3, 1995 Commission
meeting.
Commissioner Daniel stated that he would prefer to see the
application amended to a PCD for Christmas tree sales only.
Dana Carney, of the Planning Staff, noted that the property
in question may have been created as the result of an
illegal subdivision which is being investigated by staff.
A vote was taken on the motion to defer the item. The vote
was 9 ayes, 0 noes, 0 absent, 1 abstaining (McCarthy) and
1 open position.
PLANNING COMMISSION A TION: (OCTOBER 3, 1995)
The applicant, Carl Bridges, was present. There were no
objectors present. Staff presented the item and noted that
Mr. Bridges had amended the application to request C-3
zoning rather than C-4. Staff noted that C-3 zoning would
be appropriate for the site, if any of the property was not
in the regulatory floodway. Staff noted that the applicant
would need a Corps of Engineer's study to determine if any
portion of his property was out of the floodway.
A discussion then followed concerning the proper way to
address the issue. It was determined that it was possible
to recommend approval of C-3 zoning and have that portion of
the site which is in the floodway zoned OS and dedicated to
the City. It would be the applicant's responsibility to
have it determined where the floodway line lies, if indeed
the whole property is not in the floodway
Mr. Bridges briefly addressed the Commission in support of
his application, as amended. In response to a question from
Chairman Walker, Mr. Bridges stated he would accept C-3
zoning for that portion of the site which is not in the
floodway and that he would work to obtain a description of
that property which is in the floodway.
f
October 3, 1995
ITEM O.: B Z- 01(Cont.)
The item was brought to a vote as amended to C-3, with that
portion of the site in the floodway to be zoned OS and
dedicated to the City. The vote was 9 ayes, 0 noes,
1 absent and 1 abstaining (Daniel).
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