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HomeMy WebLinkAboutZ-6241 Staff AnalysisMarch 6, 1997 ITEM NO.: A Z-6241 owner: Applicant: Location: Request: Purpose: Size: Existing Use: Dr. Bill Humphries Joe White, Jr. #3 Marigold Drive Rezone from R-2 to C-1 Unspecified future development .37± acres Vacant lot SURROUNDING LAND USE AND ZONING North - Single Family residence; zoned R-2 South - Single Family residence; zoned R-2 East - Farmer's Association feed and farm supply store; zoned C-4 West - Single Family residence; zoned R-2 PUBLIC WORKS COMMENTS Dedicate right-of-way to 55 feet from centerline for Colonel Glenn Road, dedicate right-of-way to 30 feet from centerline for Marigold Drive, and dedicate a 20 minimum radial area at intersection. With planned construction, each street will be required to be brought up to Master Street Planned standards with a sidewalk. The driveway on the Colonel Glenn Road frontage will be permitted by Ordinance and should be 100 feet from the right-of-way of Marigold Drive. There should be one driveway on Marigold and it should be located 25 feet from the south property line. Marigold is a one-way drive to the south. PUBLIC TRANSPORTATION ELEMENT The site is located on a Central Arkansas Transit Bus Route. March 6, 1997 ITEM NO.: A Z-6241 Cont. LAND USE ELEMENT The site is located in District Land Use Plan for this property. The STAFF ANALYSIS the 65th Street West District. The recommends Neighborhood Commercial C-1 request conforms to the Plan. The request before the Commission is to rezone this .37± acre tract from "R-2" Single Family to "C-1" Neighborhood Commercial. The site is currently vacant and undeveloped. No immediate development is proposed for the site. The property consists of one lot of Beasley's Subdivision, a small development built along Marigold Drive. Most of the other lots in the subdivision are occupied by single family homes. The C-4 zoned property, adjacent to the east, is occupied by the Farmer's Association Feed and Farm Supply business. Many other commercial uses are located along Colonel Glenn Road and Asher Avenue to the east. The R-2 zoned properties to the south, north and west are occupied by Single Family homes. The 65th Street West District Land Use Plan recommends Neighborhood Commercial for this property and the properties to the south and east. The C-1, Neighborhood Commercial rezoning request conforms to the Plan. The C-1 Neighborhood Commercial district is designed to accommodate limited retail developments within or adjacent to neighborhood areas for the purpose of supplying daily household needs of the residents for food, drugs and personal services. The relatively small size of the property, reduced even further by the required right-of-way dedication for Colonel Glenn Road (principal arterial) and Marigold Drive (commercial, collector), will limit the scope of any development on the site. STAFF RECOMMENDATION Staff recommends approval of the requested C-1 zoning. PLANNING COMMISSION ACTION: (JANUARY 23, 1997) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of approval. E March 6, 1997 ITEM NO.: A Z-6241 Cont.) Joe White, Jr. addressed the Commission in support of the application. He stated that the C-1 rezoning request conformed to the Land Use Plan. He also stated that there were no immediate plans for development of the site. Carolyn Heitman, of 8024 West 40th Street, addressed the Commission. She stated that the John Barrow Neighborhood Association Board had met and voted to oppose the rezoning. She asked that the item be deferred to allow for more information to be provided to the neighbors. Shelby Foster, of #13 Marigold Drive, also asked that the item be deferred to allow more neighborhood involvement. Mr. White stated that he was agreeable to a deferral and that he would meet with the neighbors. Commissioner Adcock stated that she was concerned about the "unspecified" future use of the site. She suggested that Mr. White go over the list of permitted C-1 uses with the neighbors. Jim Lawson, Director of the Department of Planning and Development, noted that the site had been shown as neighborhood commercial on the Land Use Plans since at least 1983. A motion was made to defer the item to the March 6, 1997 Commission meeting. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 6, 1997) Joe White was present representing the application. There were several objectors present. A letter and petition voicing opposition to the rezoning request and requesting a plan change had been presented to the commissioners. Staff presented the item. Mr. white addressed the Commission in support of his application. He noted that the Land Use Plan recommended Neighborhood Commercial for the site. Mr. White discussed the proximity of other nonresidential uses. He stated that he.had met with area residents and acknowledged that they were still opposed to the rezoning. Mr. White stated that his client felt this site was appropriate for a small office or quiet commercial use. George Brown, of the John Barrow Neighborhood Association, spoke in opposition to the rezoning. He stated that area residents as well as the John Barrow and Westwood Neighborhood Associations were opposed to the rezoning. Mr. 3 March 6, 1997 NO.: A Z-6241 (Cont. Brown voiced concern about increased traffic on Marigold Drive and asked that the application be denied. Shelby Foster, of 13 Marigold Drive, spoke in opposition to the request. He asked that the Land Use Plan be amended, moving the neighborhood commercial area to a point east of the residences on Marigold Drive. Dana Carney, of the Planning Staff, stated that the plan amendment request had been received and tentatively scheduled for the May Planning Hearing. There was then a discussion of amending the land use plan and whether it would be appropriate to amend the plan at this meeting. Commissioner Earnest stated that he was concerned about proposing a land use plan change without further study by staff. Commissioner Hawn stated that the current plan does not agree with the area zoning. He stated that the Plan was "a mess" in this area. Chairman Lichty asked if a request from a neighborhood could generate a review of the Land Use Plan. Staff responded that it would. Mr. Lichty asked why this rezoning request was not deferred once the neighborhood's request was received. Staff responded that there was an active application before the Commission that conformed to the current plan. Mr. Lichty suggested that this rezoning request should be deferred until the proposed Land Use Plan amendment is dealt with. Mr. White stated that he wanted the Commission to vote on the application. Deputy City Attorney Stephen Giles stated that the Commission could not force an applicant to agree to a deferral. In response to a question from Commissioner Putnam, Tony Bozynski, Assistant Director of Planning and Development, stated that the Land Use Plan had been in effect since 1983. Mr. Bozynski noted that previous Planning Commissions and City Boards had used street centerlines as dividing lines on the Plan. A motion was made to approve the C-1 rezoning request. The motion failed by a vote of 0 ayes, 8 noes and 3 absent. 4