HomeMy WebLinkAboutZ-6467 Staff AnalysisApril 2, 1998
ITEM NO.: 11 FILE NO.: z-6467
Owner: George Davidson
Applicant: George Davidson
Location: 5301 Mabelvale Pike
Request: Rezone from R-2 to C-4
Purpose: Allow for expansion of a
nonconforming auto repair
garage.
Size: .29± acres
Existing Use: Nonconforming auto repair
garage
SURROUNDING LAND USE AND ZONING
North - Daycare Center, zoned 0-1; School, zoned R-2;
Apartments, zoned R-5
South - Strip Commercial Center and Variety of Commercial
uses, zoned C-3
East - Single Family Residential, zoned R-2
West - Offices, zoned 0-3; Beauty Shop, zoned C-3
PUBLIC WORKS COMMENTS
1. With construction provide a contribution for 15% of
total development costs in -lieu of constructing one-half
street improvements for Mabelvale Pike.
2. Driveways shall conform to Sec. 31-210 or Ordinance
16,577.
3. All driveways shall be concrete aprons per City
Ordinance.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a Central Arkansas Transit Bus
Route.
LAND USE ELEMENT
The site is located in the 65th Street Land Use District.
The adopted plan recommends Commercial for the site.
Although the plan recommends Commercial, staff does not
believe C-4 Open Display Commercial is appropriate for this
site. The property abuts single family residential and the
April 2, 1998
ITEM NO.: 11(Cont.)FILE NO.: z-6467
other commercial in the area is smaller scale, retail type
development.
STAFF ANALYSIS
The request before the Commission is to rezone this .29±
acre tract from R-2 Single Family Residential to C-4 Open
Display. The site contains a nonconforming, two -bay auto
repair garage. The owner of the property has recently,
illegally expanded the building by adding two more bays to
the south side of the building. He has been cited by the
codes enforcement staff for this action. The applicant has
filed for rezoning to C-4 which allows auto repair garages
as a permitted use.
The property is located at the southeast corner of the
intersection of Mabelvale Pike and West 53rd Street. Uses
in the area are varied, ranging from residential to retail
commercial. A day care center, an elementary school and an
apartment complex are located across West 53rd/Mabelvale
Pike to the north on properties zoned 0-1, R-2 and R-5
respectively. The C-3 zoned properties to the south contain
a variety of retail type commercial uses. A beauty shop and
an office are located across Mabelvale Pike to the west on
properties zoned C-3 and 0-3. A large area of R-2 zoned
single family residential properties extends to the east of
this site.
Although the property is located within an area designated
by the Land Use Plan as commercial, staff has concerns about
the proposed C-4 zoning. C-4 allows for many uses other
than the auto repair garage currently operated by the
applicant. The C-4 district allows for open display uses
which are probably not suitable for this particular site.
Many of these uses are not generally compatible with
pedestrian oriented commercial districts and shopping
centers since they tend to obstruct and interfere with
pedestrians movements. More appropriate locations for such
uses are along heavily traveled major traffic arterials such
as S. University Avenue or I-30. Within the immediate area,
the nonresidential uses are limited to offices and small
scale indoor retail uses. Single family residential is
directly adjacent to the east. Staff cannot support
allowing C-4 zoning directly adjacent to an established
single family use, especially without appropriate buffering
or open space. C-3 would be a more appropriate zoning for
this site.
The Geyer Springs Neighborhood Association was notified of
the rezoning request.
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April 2, 1998
ITEM NO.: 11 Cont. FILE NO.: Z-6467
STAFF RECOMMENDATION
Staff recommends denial of the requested C-4 zoning.
PLANNING COMMISSION ACTION: (APRIL 2, 1998)
The applicant was present. There was one objector present.
Staff presented the item and informed the Commission that
the applicant had amended the request to C-3 with a
conditional use permit. Dana Carney, of the Planning Staff,
stated that staff was willing to recommend approval of C-3
but that a recommendation could not be made on the
conditional use permit request since it had not actually
been filed. Mr. Carney suggested that a conditional use
permit application should be filed and the item should go
through the proper process, including Subdivision Committee
review.
Bob Leslie, the applicant's attorney, addressed the
Commission. He stated that he agreed with staff's
assessment of the issue. Mr. Leslie presented a petition
signed by numerous neighborhood residents who support Mr.
Davidson's rezoning request.
Joa Stafford Humphrey, of the Geyer Springs Neighborhood
Association, spoke in opposition to the rezoning request.
She stated that Mr. Davidson had expanded the building
without proper City permits or approval. Ms. Humphrey
stated that neighborhood residents were very upset at Mr.
Davidson. She presented photographs of the site.
Jim Lawson, Director of Planning and Development, stated
that although staff was supportive of C-3 zoning that did
not necessarily mean that staff would support a conditional
use permit for the auto repair business.
A motion was made to approve the C-3 zoning request. The
motion was approved by a vote of 9 ayes, 1 noes and 1
absent.
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