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HomeMy WebLinkAboutZ-6035 Staff AnalysisApplicant: Location: Request: Purpose: Size: Existing Use: Gary and Debra Linn Gary and Debra Linn 10124 Darris Drive, Southwest corner of Darris Drive and Mabelvale Cut-off Rezone from R-2 to C-3 Unspecified commercial use .24t acres Single -Family residence ROUNDING LANL7 SE ANI? ZONING North - Vacant, zoned R-2 (0-3 rezoning is pending at the Board of Directors) South - Single -Family residence, zoned R-2 East - Single -Family residence, zoned R-2 West - Single -Family residence, zoned R-2 ENGINEERING CQM.MEN'I Mabelvale is classified as a minor arterial. The centerline of the roadway is 35 feet from the property line. Dedicate 10 feet of additional ROW to bring to 45 feet from centerline of the roadway. Dedicate a 20 foot radial sect -ion at the corner. With Plar-ned construction, widening of both streets will be required. Darris Drive will need 1/2 street improvements with underground storm drainage and a 31.5 foot radius for the corner of Mabelvale. Sidewalks will be required on both streets. LANDTUSE ELEMENT The site is located in the Geyer Springs West District. The adopted Land Use Plan recommends Single Family use. The request is not in conformance with the Plan. There is a Plan revision before the Commission in this area. This item should be deterred until the Plan Amendment is acted on by the Commission. The request before the Commission is to rezone this .24= acre lot from R-2 to C-3. The lot is currently occupied by a single family residence. No specific use is proposed for the property. The property is located on the southwest corner of Mabelvale West Road and Darris Street, in the Mabelvale Community. The zoning pattern in the immediate area has begun to change recently, due in part to the realignment of Mabelvale Pike/Ma-belvale west Road. The realignment of this arterial street has precipitated the rezoning of properties on the north side of Mabelvale Pike/Mabelvale West Road to C-3 and 0-3. The pocket created between the newly realigned arterial and the railroad tracks has undergone transition in recent years as well. This area contains several single family homes, including the applicant's' and several vacant, R-2 zoned lots. There are properties within this 3 block area which are currently zoned C-1, C-3 and C-4. Due to the realignment of the arterial and the apparent transition of this 3 block pocket, it may be appropriate to consider an alternative to single family residential zoning for this area. The Land Use Plan currently recommends Single Family for this site. The Planning Commission is reviewing a proposed amendment to the Geyer Springs West District Land Use Plan, which includes this area. The Commission will review that matter at its next Plans Hearing on October 17, 1995. Staff believes it is appropriate to defer action on this rezoning request until the proposed Plan Amendment is determined. STAFF RECOMMENDATIQ Staff recommends deferral of this item to the November 14, 1995 rezoning hearing. (OCTOBER 3, 1995) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had agreed to defer the item. The item was placed on the Consent Agenda and deferred to the November 14, 1995 meeting with a vote of 9 ayes, 0 noes and 2 absent. At its October 17, 1995 meeting, the planning Commission recommended approval of an amendment to the Geyer Springs West District Land Use Plan which affects this site. Under the amendment, this site will be classified as Mixed Office Commercial. The Mixed Office Commercial category provides for a mixture of Office and Commercial uses to occur. A Planned unit Development is recommended if the use is entirely Commercial or if the use is a mixture of Office and Commercial. The Land Use Plan Amendment is scheduled to be heard by the Board of Directors at its November 7, 1995 meeting. Staff will update the Commission on the Board's action. There is no specific use proposed for the property which would seem to preclude proposing a Planned Unit Development application for the site. in the event no PUD is proposed, the Mixed Office Commercial land use category recommends that the site be zoned Office. The rezoning request is speculative in that the applicant proposes to sell the property once it is rezoned from residential to a nonresidential classification. Staff cannot support C-3 zoning at this location but can support office zoning for the site. The property has 140+ feet of frontage on an arterial street which tends to support an 0-3 classification. TAF = RE DbUA--JNDAT I N Staff does not recommend approval of C-3 for this site. Staff does recommend approval of 0-3 in lieu of a PUD to conform to the recently adopted Land Use Plan Amendment. pLANNINg COMKIS,110N A TIC : (NOVEMBER 14, 1995) (The item was moved to the end of the agenda since the applicant was not present.) The applicants Gary and Debra Linn were present. There were no objectors present. Staff presented the item and gave an update on the Land Use Plan amendment and the effect of the amendment on this property. Staff recommended denial of the C-3 request but stated that 0-3 could be supported for this site. The Commission was informed that the applicant was requesting a waiver of the right-of-way dedication requirement. Commissioner Chachere asked if the applicant could come back to the Commission at a later date with a PUD application. Steve Giles, of the City Attorney's Office, responded that 3 it would take a new application and that PUD's required a site plan. Debra Linn addressed the Commission. She stated that she would prefer C-3 zoning for her property but that she would accept 0-3. In response to a question from Commissioner Chachere, Mrs. Linn stated that no specific development was proposed for the property. Commissioner Chachere told Mrs. Linn that she could come back to the Commission with a PUD application, once a specific development is proposed. Dana Carney, of the Planning Staff, stated that staff would prefer to see several properties combined and presented as a PUD, perhaps for a neighborhood commercial development. He stated that piecemeal zoning applications such as the applicant's and others being discussed in the area were not as desirable as one combining several smaller properties into one. In response to a question from Acting Chairman. Ball, David Scherer of the Public Works Staff discussed the right-of-way requirement for Mabelvale West Road. He stated that an additional 10 feet of right-of-way was required for Mabelvale West Road to comply with the Master Street Plan. Mr. Scherer stated that a franchise could be granted to allow the existing structures to remain in the right-of-way as long as the property is residentially occupied. Commissioner Putnam noted that street improvements had been constructed on the applicant's side of the street and asked if the required additional dedication could not take place at the time the property is sold to a potential developer. Mr. Scherer responded that the dedication should occur through the rezoning. Mrs. Linn also questioned the need to obtain additional right-of-way at this time. She stated that the property was no longer viable as a home and that the realig=ent of Mabelvale West Road had rendered the site unlivable. During a further discussion of the street, Mr. Scherer stated that the centerline of the street was currently 30 feet from the property line and 40.7 feet from the Linn's house. He stated that the City put in curb and gutter on the south side of the street to control vehicles on the road and drainage. Mr. Scherer stated that the curb is 15 feet from the property line and if an additional 12 foot wide traffic lane is built, the curb would only be 3 feet from the property line; thus the need for the additional 10 foot dedication. 4 Commissioner Lichty asked if there was compensation to the Linns since the City did not acquire sufficient right-of-way when the street was widened. Mr. Scherer stated that there was compensation in the form of a higher zoning classification and presumed higher land values. Commissioner Rahman stated that the City rendered the site unlivable by constructing the new road; necessitating rezoning the property for the Linns to have some value in it. Debra Linn stated that the City had ruined her "American Dream" by building the road and asked the Commission to approve the rezoning. The question was called and the application as amended to 0-3 was put forward for a vote. The Commission approved the 0-3 request with a vote of 9 ayes, 0 noes and 2 absent. The request for a waiver of right-of-way dedication was brought to a vote. The vote was 4 ayes, 5 noes and 2 absent. The split vote indicated no clear recommendation. 5 October 3, 1.•995 f. ITEM M.: �- owner: Applicant: Location: Request: Purpose: Size: Existing Use: Gary and Debra Linn Gary and Debra Linn 10124 Darris Drive, Southwest corner of Darris Drive and Mabelvale Cut-off Rezone from R-2 to C-3 Unspecified commercial use .24± acres Single -Family residence S OUNFJING 1 ND USE AND ZONING North - Vacant, zoned R-2 (0-3 rezoning is pending at the Board of Directors) South - Single -Family residence, zoned R-2 East - Single -Family residence, zoned R-2 West - Single -Family residence, zoned R-2 ENGINEERING COMMENTS Mabelvale is classified as a minor arterial. The centerline of the roadway is 35 feet from the property line. Dedicate 10 feet of additional ROW to bring to 45 feet from centerline of the roadway. Dedicate a 20 foot radial section at the corner. With Planned construction, widening of both streets will be required. Darris Drive will need 1/2 street improvements with underground storm drainage and a 31.5 foot radius for the corner of Mabelvale. Sidewalks will be required on both streets. LAND USE ELEMENT The site is located in the Geyer Springs West District. The adopted Land Use Plan recommends Single Family use. The request is not in conformance with the Plan. There is a Plan revision before the Commission in this area. This item should be deferred until the Plan Amendment is acted on by the Commission. October 3, 1995,x. ITEM NO.- 4 Z-6035 (Cont.) STAFF ANALYSIS The request before the Commission is to rezone this .24± acre lot from R-2 to C-3. The lot is currently occupied by a single family residence. No specific use is proposed for the property. The property is located on the southwest corner of Mabelvale West Road and Darris Street, in the Mabelvale Community. The zoning pattern in the immediate area has begun to change recently, due in part to the realignment of Mabelvale Pike/Mabelvale West Road. The realignment of this arterial street has precipitated the rezoning of properties on the north side of Mabelvale Pike/Mabelvale West Road to C-3 and O-3. The pocket created between the newly realigned arterial and the railroad tracks has undergone transition in recent years as well. This area contains several single family homes, including the applicant's' and several vacant, R-2 zoned lots. There are properties within this 3 block area which are currently zoned C-1, C-3 and C-4. Due to the realignment of the arterial and the apparent transition of this 3 block pocket, it may be appropriate to consider an alternative to single family residential zoning for this area. The Land Use Plan currently recommends Single Family for this site. The Planning Commission is reviewing a proposed amendment to the Geyer Springs West District Land Use Plan, which includes this area. The Commission will review that matter at its next Plans Hearing on October 17, 1995. Staff believes it is appropriate to defer action on this rezoning request until the proposed Plan Amendment is determined. TAFF RECOMMENDATI Staff recommends deferral of this item to the November 14, 1995 rezoning hearing. OA