HomeMy WebLinkAboutZ-6346 Staff AnalysisAugust 21, 1997
ITEM NO.: 4 FILE NO.: Z-6346
Owner: David Jacks
Applicant: David Jacks
Location: 8910 Sunset Lane
Request: Rezone from R-2 to C-4
Purpose: Automobile sales
Size: 1.75± acres
Existing Use: Unimproved, graveled lot
covered with vehicles
SURROUNDING LAND USE AND ZONING
North - various commercial uses, zoned C-3 and Single
Family residence, zoned R-2
South - Single Family home, zoned R-2
East - Mattingly Furniture Store, zoned C-3
West - Church, zoned R-2 with Conditional Use Permit
PUBLIC WORKS COMMENTS
1. Baseline Road is listed on the Master Street Plan as a
principal arterial, dedication of right-of-way to 45 feet
from centerline will be required.
2. Property frontage needs to have the sidewalks and ramps
brought up to the current ADA standards with any planned
construction.
3. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
PUBLIC TRANSPORTATION ELEMENT
This site is not located on a Central Arkansas Transit Bus
Route. Bus routes do extend down Stanton Road and Baseline
Road, 1/2 block to the east and Geyer Springs Road, 2-3
blocks to the west.
LAND USE ELEMENT
Located in the Geyer Springs East District, the Land Use
Plan shows Mixed Office Commercial and Low Density
Residential for the site. The district plan was adopted in
August 21, 1997
ITEM NO.: 4 Cont. FILE NO.: Z-6346
May of 1986. At that time the site was shown as Mixed
Density Residential. In 1992 the northern portion of the
property was changed on the Plan to Office Commercial. The
Land Use Plan shows Commercial to the east and north. West
of the site is a church shown as P1, and to the south, the
plan shows Single Family Residential.
Much of Baseline Road is shown for commercial use. East of
the site, on the southeast corner of Baseline and Sunset is
a furniture store and south of the store is a church.
Directly south of the site are single family homes and to
the west is another church. Based on the incompatibility of
commercial with the uses surrounding the site, and the vast
amount of commercial available along Baseline Road, Staff
recommends denial.
If the Planning Commission approves an amendment Staff would
like to recognize the Church on Sunset as P1.
STAFF ANALYSIS
The request before the Commission is to rezone this 1.75±
acre tract from R-2 Single Family to C-4 Open Display
district. The property is currently used as an unimproved,
graveled lot. The lot is virtually covered by vehicles
being stored on the property. The current use is a zoning
violation and the property is under enforcement by the
City's Codes Enforcement Staff.
The property was annexed into the City on April 30, 1985.
The property was zoned R-2 Single Family at that time.
During the subsequent construction project to widen Baseline
Road, the contractor graveled this lot and used it for the
storage of materials and equipment. After the widening
project was completed, the lot was fenced. Since that time,
on at least two occasions, the Codes Enforcement staff has
had to enforce against persons illegally operating auto lots
on the property.
The applicant is now requesting that the property be zoned
C-4. C-4 zoning would appear to address the use issue. The
site does not meet any city standards for paving or
landscaping.
Staff does not believe that C-4 zoning is appropriate for
this site. The property does abut an arterial street and
the Geyer Springs East District Land Use Plan does recommend
Mixed Office Commercial for a portion of the site. However,
the Plan recommends Low Density residential for the southern
half of the site and the property does abut single family
homes on the south.
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August 21, 1997
ITEM NO.: 4 Cant. FILE NO.: Z-5345
C-4 does not appear to be compatible with uses in the
immediate vicinity. The properties to the west and
southeast are occupied by churches. The R-2 zoned
properties across Baseline Road to the north are occupied by
single family homes and lower intensity commercial uses.
Mattingly Furniture, a long established retail furniture
store, is located directly to the east. Single family homes
are adjacent to the south.
Staff feels that the requested C-4 zoning is not in
conformance with the adopted Land Use Plan and is not
compatible with established development in the immediate
vicinity.
STAFF RECOMMENDATION
Staff recommends denial of the requested C-4 zoning as being
incompatible with existing uses in the area and not
conforming to the adopted Land Use Plan.
PLANNING COMMISSION ACTION:
(AUGUST 21, 1997)
The applicant was present. There were three objectors
present and three letters of opposition had been received by
staff and forwarded to the Commission. Staff presented the
item and a recommendation of denial.
David Jacks spoke briefly in support of his rezoning
request. He stated that he would clean up the site.
John Mattingly, of 5017 Baseline Road, spoke in opposition
to the rezoning request. He noted the poor condition of the
site and stated that staff addressed his concerns in the
agenda. Mr. Mattingly stated that he could support C-3
zoning for the site but no C-4.
Commissioner Putnam asked if Mr. Jacks, use of the property
was nonconforming. Dana Carney, of the Planning Staff,
responded that his use was a zoning violation.
Commissioner Putnam asked if there had been any response
from neighbors. Mr. Carney noted the letters which had been
presented to the Commission.
A motion was made to approve the C-4 zoning request. The
motion was denied by a vote of 0 ayes, 10 noes and 1 absent.
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