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HomeMy WebLinkAboutZ-6304 Staff AnalysisMay 29, 1997 ITEM NO.: 3 FILE NO.: Z-6304 Owner: Oke Construction Company Applicant: Paul Amponsah Location: 4120 John Barrow Road Request: Rezone from R-3 and 0-3 to C-3 Purpose: Convert existing residence into a beauty shop Size. .42± acres Existing Use: Single family residence and two vacant lots SURROUNDING LAND USE AND ZONING North - Single Family residence, zoned R-3 South - Vacant lots, zoned 0-3 and C-3 East - Vacant nonresidential building, zoned 0-3 West - Single family residences and vacant lot, zoned R-3 PUBLIC WORKS COMMENTS 1. Dedicate right-of-way to 45 feet from centerline for John Barrow Road. 2. Dedicate right-of-way to 30 feet from centerline for 42nd Street with a 20 foot radial area dedicated at intersection. 3. With any construction: a. Site will need frontage brought up to Master Street Plan standards for commercial street standards with sidewalks. b. Other ordinance provisions will be discussed with applicant in a recommended pre -construction conference. 4. Existing 42nd Street is 24 feet wide with curb and gutter and without sidewalk. Handicap ramp and sidewalk do exist on John Barrow Road. John Barrow is a 4 lane street with a 5 foot sidewalk at back of curb. 5. John Barrow Road has a 1995 average daily traffic count of 6,800.' May 29, 1997 ITEM NO.: 3 Cont. FILE NO.: Z-6304 LAND USE ELEMENT The site is located in the Boyle Park District. On May 9, 1996 the John Barrow Neighborhood Area Plan was adopted by resolution by the City of Little Rock. As part of that three year, joint planning effort by the area's residents and city staff, a review of the Future Land Use Plan was completed and agreed upon by the John Barrow community. The requested rezoning is in conflict with the Plan which shows the requested site as Office and Single Family Residential. Staff recommends support for the John Barrow Plan and against the rezoning. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. STAFF ANALYSIS The request before the Commission is to rezone this .42± acre tract from R-3 Single Family and 0-3 General Office to C-3 General Commercial. The site consists of 3 lots located at the northwest corner of John Barrow Road and West 42nd Street. A one-story frame residential structure is located on the center lot. The other two lots, one to the north of the house and one to the south, are vacant. The applicant proposes to convert the house into a beauty shop. The southern two lots, including the one occupied by the house, are zoned 0-3. The northern lot is zoned R-3. The property is located in the John Barrow Community and the majority of the properties within an 1/4 mile radius of this site are zoned R-3. Most of these R-3 zoned properties are occupied by single family homes although many of the lots are vacant. There is a small nonresidential node directly at the intersection of 42nd and John Barrow. A vacant commercial building is located on the 0-3 zoned property at the northeast corner of 42nd and John Barrow. Sober Living, Inc., an establishment for the care of alcoholic or narcotic patients, is located on the 0-3 zoned property at the southeast corner of 42nd and John Barrow. The C-3 and 0-3 zoned properties on the west side of John Barrow, south of 42nd Street, are vacant and undeveloped. Single family homes are located on the R-3 zoned properties adjacent to the north and west of the subject property. A lengthy process resulted in adoption, on May 9, 1996, of the John Barrow Neighborhood Plan. This plan recommends that properties at the intersection of 42nd and John Barrow be office, not commercial. This C-3 request does not 2 May 29, 1997 ITEM NO.: 3 Cont. FILE NO.: Z-6304 conform to that recently adopted Plan. Staff does not believe it is appropriate to amend the Plan. There are available office and commercial properties in the immediate area, including the vacant building across John Barrow and the vacant lots across 42nd Street. The properties immediately adjacent to this site are occupied by single family homes which could be negatively impacted by the proposed C-3 zoning. STAFF RECOMMENDATION Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION: (MAY 29, 1997) The applicant was not present. There were two objectors present. One letter of opposition had been received by the John Barrow Neighborhood Association. Staff informed the Commission that the applicant had amended his rezoning request from C-3 to 0-3. Since two of the lots were already zoned 0-3, the request affected only the northern, R-3 zoned lot. Staff stated that the Land Use Plan and John Barrow Neighborhood area plan recommended an office node at the intersection of West 42nd and John Barrow Road. This lot, staff stated, was directly at the border of the area identified by the Plan as Office and as Residential. It was noted that the area zoned as Office on the east side of Barrow Road was three lots deep. Staff stated that it was appropriate to consider office for the one lot in question since the Plan supported office at the intersection and properties to the south and east were currently zoned 0-3. George Brown, President of the John Barrow Neighborhood Association, spoke in opposition to the proposed rezoning. He stated that he had been unable to meet with the applicant to discuss the rezoning. Mr. Brown stated that the Association wished the northern lot to remain residential. Harold Starr, of 3512 Malloy, spoke in opposition to the rezoning. He stated that he owned property across Barrow Road, to the northeast. In response to a question from Commissioner Adcock, staff stated that the applicant had faxed a letter near the noon hour on May 29 amending the request to 0-3. Dana Carney, of the Planning Staff, stated that he had made staff's position clear to the applicant and, in response, the applicant stated he would either amend the application to 0-3 or withdraw it. Mr. Carney stated that he told the applicant he would take the item to the Commission as amended to 0-3 and the applicant confirmed that amendment in writing. 3 May 29, 1997 ITEM NO.: 3(Cont.)FILE NO.: Z-6304 There was a discussion of the fact that the applicant was not present. Mr. Carney stated that the applicant had informed him that he might have a problem making it to the meeting. Mr. Carney also stated that he had urged the applicant to attend or to have an agent attend for him. Commissioner Putnam and Woods stated that there was no reason to punish the applicant for not attending. Commissioner Woods asked staff if the Plan showed this property as Office. Dana Carney responded that the office designation on the Plan was so close that staff felt it was appropriate to consider 0-3 for this lot, especially when the adjacent zoning is taken into account. Mr. Carney also noted that a beauty shop could not go in the 0-3 district, byright. Commissioner Woods noted that the 0-3 request appeared to conform to the Plan and asked why the neighborhood association was opposed to it. Mr. Brown stated that he was not aware of the amendment until this meeting. He reaffirmed that the association wished the northern lot to remain residential. In response to a question from the Commission, staff responded that the properties at the intersection were zoned office and commercial as a part of the annexation plans when this area was brought into the City in the 19601x. Commissioner Adcock questioned whether allowing this lot to be rezoned office would set a precedent for future rezonings further north on Barrow Road. Mr. Carney responded that it was very clear that the Plan established an office node at the intersection of 42nd and Barrow and that it was up to the Commission to define the parameters of the node, whether it is 2 or 3 lots wide. He stated that coming any further away from the intersection would clearly be outside of the area shown for office. Commissioner Hawn urged the neighborhood association to support its own plan which showed this area as office. Commissioner Woods stated that he felt the 0-3 request was reasonable and also urged the association to support the Plan. Mr. Brown stated that it was the neighborhood's position that the Plan showed the two lots which are currently zoned 0-3 as Office and the other lots to the north as residential. Commissioner Putnam spoke in support of the 0-3 request. 4 May 29, 1997 ITEM NO.: 3 Cont. FILE NO.: Z-6304 Mr. Carney stated that it was clearly a matter of interpretation as to what the Plan showed for this lot. He stated that it was just as possible to interpret the Plan to shown this lot as residential as it was to see it as Office. Mr. Carney stated that the neighborhood association saw it as residential and staff felt it was appropriate for office. A motion was made to approve the application, as amended to 0-3. The motion was approved by a vote of 9 ayes, 1 noe and 1 absent. 5