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HomeMy WebLinkAboutZ-6995 Staff AnalysisMay 3, 2001 ITEM NO.: 4 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z-6995 Ray Jones Jeb Burnett 8700 Scott Hamilton Drive Rezone from R-2 to C-4 Build a new, coin-operated, wand -type car wash 1.84± acres Vacant SURROUNDING LAND USE AND ZONING North - Automobile sales lot; zoned R-2 South - Variety of retail and automobile related commercial uses; zoned R-2 East - Church and Lawnmower repair; zoned R-2 West - Single Family; zoned R-2 PUBLIC WORKS COMMENTS 1. Scott Hamilton is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. With Building Permit: 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement'to these streets including 5 -foot sidewalks with planned development. 3. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5.Stormwater detention ordinance applies to this property. PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA Bus Route. May 3, 2001 ITEM NO.: 4 (Cont.) FILE NO.: Z-6995 PUBLIC NOTIFICATION All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Upper Baseline and SWLRUP Neighborhood Associations were notified of the proposed rezoning. The Upper Baseline Neighborhood Association has voted not to support the C-4 rezoning request. LAND USE PLAN ELEMENT The site is located in the Geyer Springs East Planning District. The adopted Plan recommends Commercial for most of the front portion of the site, nearest Scott Hamilton. The remainder of the site is shown as Low Density Residential on the Plan. A drainage -way bisects the site from northwest to southeast. This drainage -way corresponds to the separation between Commercial and Low Density Residential on the Plan. Staff believes it would be appropriate to use that same line to delineate the Commercial and Residential zoning. Although the Plan does recommend Commercial for the bulk of the site, staff questions whether C-4, Open Display Commercial, is the appropriate zoning for the site. No pattern of C-4 zoning has been established along this portion of Scott Hamilton. Staff believes C-3, General Commercial, would be more appropriate. This would also provide the additional level of Planning Commission review of the proposed car wash through a conditional use permit. The site lies within the area covered by the Upper Baseline Neighborhood Action Plan which was adopted on November 2, 1999. No Land Use Plan or zoning changes were proposed as a result of the Plan. STAFF ANALYSIS The request before the Commission is to rezone this vacant, 1.84± acre tract from "R-2" Single Family to "C-4" Open Display Commercial. The site was previously occupied by nonconforming commercial buildings which have been removed. The site now contains areas of concrete and broken asphalt. 2 May 3, 2001 ITEM NO.: 4 (Cont.) FILE NO.: Z-6995 The applicant proposes to build a new, self -serve car wash on the site. Although staff is generally supportive of commercial zoning for the tract, there are concerns and, as such, staff cannot support C-4 for the entire site. This area of Southwest Little Rock was mostly developed at the time of its annexation to the City and is characterized by a patchwork of zoning and uses, both conforming and nonconforming. This site is surrounded by R-2 zoned properties. Those properties are not, however, occupied solely by single family homes. A vacant lot, a single- family home and several nonconforming commercial businesses are located south of the site. Across Scott Hamilton, to the east, the R-2 zoned properties are occupied by single- family homes, a church and a lawnmower repair shop. The properties north of the site contain a nonconforming car sales lot and numerous single family homes both site built and manufactured/mobile homes. West of the site, the zoning is R-2 and the use is exclusively single family homes. A tree and shrub lined drainage ditch bisects this site, from northwest to southeast, roughly separating the western one-third of the tract from the remainder of the site. The Geyer Springs East Land Use Plan appears to use this ditch as a dividing line, recommending commercial for that portion of the site closest to Scott Hamilton and single-family for that portion west of the ditch. Staff believes it would be appropriate to continue to use the ditch as the separation line between commercial and residential zoning and uses. Doing such would provide better buffering for the neighborhood to the west. There is no pattern of C-4 zoning along this short stretch of Scott Hamilton. Staff does not believe this site is the appropriate location to break that pattern and to begin establishing C-4 zoning. Staff believes it would be more appropriate to zone that portion of the site east of the ditch to C-3 General Commercial, not C-4. A car wash, the use proposed by the applicant, may be permitted as a conditional use in C-3. C-3 zoning would allow an additional level of Planning Commission and neighborhood review of the proposed development through the conditional use process. The setback requirements in C-3 are less than those required in C-4 which may work to some advantage 3 May 3, 2001 ITEM NO.: 4 (Cont.) FILE NO.: Z-6995 for the applicant if the Commission follows staff's recommendation and leaves the western portion of the site R-2. STAFF RECOMMENDATION Staff does not recommend approval of the C-4 zoning as requested by the applicant. Staff recommends that the portion of the site located east of the drainage ditch, as illustrated on the attached drawing, be zoned to C-3. The portion of the site west of the ditch is recommended to remain zoned R-2. PLANNING COMMISSION ACTION: (MAY 3, 2001) The applicant was present. There were several objectors present. Several letters of objection had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of denial. Jeb Burnett addressed the Commission in support of his application. He stated his client wanted to build a 6 -bay car wash and he wanted to keep the request for C-4 zoning. Mr. Burnett did agree with staff's suggestion to keep the commercial zoning east of the tree and shrub -lined ditch. He described other nonconforming uses in the area, including a car -lot adjacent to the north. Mr. Burnett stated this site was previously occupied by a car wash. He expressed concern that zoning to C-3 and subsequently filing for a conditional use permit would lengthen the process beyond what the client was willing to accept. Jim Lawson, Director of Planning and Development, stated the applicant could offer conditions to be attached to his application that would make it similar to a conditional use permit without a site plan. Aaron Jones stated his desire to build a 6 -bay car wash on the site. He stated he didn't care what the property had to be zoned to accommodate it. Mr. Jones presented photographs of other car washes he had built. He stated the car wash 4 May 3, 2001 ITEM NO.: 4 (Cont.) FILE NO.: Z-6995 would be built on the east side of the property and the western portion of the site would be left undisturbed. Commissioner Rector asked Mr. Jones if he would be willing to limit the hours of operation for the car wash. Mr. Jones responded that he could not. In response to a question from Commissioner Rector, Mr. Jones stated he was willing to limit the uses on the site to a car wash and those uses listed as permitted in C-3. Rev. Richard Keesee, Pastor of Baseline Baptist Church at 8705 Scott Hamilton Road, spoke in opposition. He voiced concerns about traffic, noise and people "hanging out" on the car wash lot. Rev. Keesee listed several other car washes in the area and questioned the need for this one. Gary Bennett, of 12010 Arch Street and a member of Baseline Baptist Church, spoke in opposition to the proposed car wash. Doug Pierce, of 8607 Community Road, spoke in opposition. He voiced concern about people playing loud music on the lot. Commissioner Lowry commented that complaints about noise were of secondary concern to him. He stated he had heard many people come to Planning Commission meetings and complain about churches as well. Ramona Ball, of 8712 Community Road, spoke in opposition to the C-4 zoning. She noted the proximity of nearby homes. Ms. Ball also reiterated concerns about traffic, noise and the substandard streets adjacent to the site. Ms. Ball noted that the Upper Baseline Neighborhood Association had voted to oppose the C-4 zoning. Norm Floyd, representing SWLRUP, spoke in opposition. He commented that the association had supported other carwashes in the area that were staffed and well -lighted. Mr. Floyd stated the association did not support this proposed, unmanned carwash. Commissioner Lowry asked Mr. Floyd if SWLRUP could support C-3 zoning for the site. Mr. Floyd responded that the 5 May 3, 2001 ITEM NO.: 4 (Cont.) FILE NO.: Z-6995 association could support C-3 but would not support a conditional use permit for an un -manned car wash. Aaron Jones again addressed the Commission in support of his application. He stated no access would be taken from Cristen Drive, the western portion of the site would remain R-2, there would be no pay -phone on the site and daily maintenance would take place. During the ensuing discussion, Mr. Jones amended his application to only that portion of the site east of the ditch and to restrict the uses to a car wash and those uses permitted in C-3. Commissioner Lowry asked Mr. Jones if he could not limit the hours of operation by putting a timer on the power and lights. Mr. Jones responded that it would not be economically feasible to do so. After a further, brief discussion, a motion was made to approve the application as amended by Mr. Jones. The motion failed by a vote of 0 ayes, 8 noes and 3 absent. 6