HomeMy WebLinkAboutZ-7008 Staff AnalysisMay 3, 2001
ITEM NO.: 6 FILE NO.: Z-7008
Owner: Mike Lee and Ron Miller
Applicant: David Jones, Marlar Engineering
Location: 18425 Kanis Road
Request: Rezone from R-2 to C-1
Purpose: Build a photography studio
Size: 1.4± acres
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING
North - Single Family and Wooded; zoned R-2
South - Sparsely developed, Farm and Single Family;
zoned AF
East - Vacant lot; zoned R-2
West - Single Family; zoned R-2
PUBLIC WORKS COMMENTS
1. Kanis Road 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 outside of the city limits and is not located on a
CATA Bus Route.
May 3, 2001
ITEM NO.: 6 (Cont.) FILE NO.: Z-7008
PUBLIC NOTIFICATION
All owners of property located within 200 feet of the site and
all residents within 300 feet who could be identified were
notified of the rezoning request. The site is outside of the
city limits and there is no neighborhood association in the
vicinity.
LAND USE PLAN ELEMENT
The site lies within the Ellis Mountain Planning District. The
adopted Plan recommends SF, Single Family, for this site and the
surrounding properties. Small nodes of C, Commercial, and NC,
Neighborhood Commercial are located at the intersections of
Kanis/Edswood and Kanis/Stewart respectively. A proposed land
use plan amendment has been filed in conjunction with this
rezoning request. The applicant is asking that the Plan be
changed from SF to NC for this site. See item LU01-18-02.
Staff is not supporting the proposed amendment. The commercial
uses are more appropriately located at the previously identified
intersections. Those two nodes are mostly undeveloped. It is
premature to consider expanding nonresidential zoning to this
site which is located midway between those intersections.
The property lies outside of the city limits and is not within
an area covered by a neighborhood action plan.
STAFF ANALYSIS
The request before the Commission is to rezone this vacant, 1.4±
acre tract from "R-2" Single Family to "C-1" Neighborhood
Commercial. The applicants propose to develop the site to
house a photography studio. The business, Arkansas School
Pictures, is currently located on North Pierce Street. The
subject property is located outside of the corporate city limits
but is within the City's extraterritorial jurisdiction. This
rezoning request is associated with a Land Use Plan Amendment,
LU01-18-02.
Staff is not supportive of the requested C-1 zoning for this
location. The area immediately surrounding this site is
characterized by single-family homes on larger tracts and tracts
of undeveloped, single family zoned property. Several hundred
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May 3, 2001
ITEM NO.: 6 (Cont.) FILE NO.: Z-7008
feet west of the site, a small C-3 zoned tract and a slightly
larger area of C-1 zoned property are located at the
Kanis/Denny/Stewart Roads intersection. A day care and an auto
repair business are located on a C-3 zoned tract several hundred
feet east of this site. An undeveloped, C-3 zoned tract is
located at Edswood Road, east of the daycare/auto repair site.
The Ellis Mountain District Land Use Plan recommends that
commercial uses be located within the nodes established by the
Kanis/Edswood and Kanis/Denny/Stewart intersections. There is
available undeveloped land within each of these nodes. While C-
1 is the commercial zoning district that may be compatible with
nearby residential uses, staff questions whether this rezoning
is prudent in light of the availability of undeveloped, already
zoned property in the area. The applicants' propose to build a
new, commercial building in an area characterized by single
family residential uses and outside of the areas recommended for
commercial zoning by the Land Use Plan.
STAFF RECOMMENDATION
Staff recommends denial of the requested C-1 zoning.
PLANNING COMMISSION ACTION: (MAY 3, 2001)
The applicant was present. There were numerous objectors
present. One letter of opposition had been received. Prior to
presentation of the item, the applicant requested that the item
be withdrawn.
A motion was made to approve the applicant's request to withdraw
the item. The motion was approved by a vote of 8 ayes, 0 noes
and 3 absent.
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