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HomeMy WebLinkAboutZ-7819 Staff AnalysisFILE NO.: Z-7819 Owner: Melvin T. Ewart Applicant: Phillip M. Wylie Location: 9401 Mabelvale Pike Area: 0.96 Acre Request: Rezone from R-2 to C-3 Purpose: Tire and Auto Service Center Existing Use: Undeveloped SURROUNDING LAND USE AND ZONING North — Undeveloped property; zoned C-3 South — Single family residences; zoned R-2 East — Home Depot commercial development; zoned C-3 West — Mixture of single family residential, commercial and industrial; zoned R-2, C-4 and 1-2 A. PUBLIC WORKS COMMENTS: 1. Mabelvale Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Furnish signed and notarized dedications with final Board approval of the rezoning request. 3. See also the site development comments on the conditional use permit. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Routes 17 (Mabelvale- Downtown) and 17A (Mabelvale-UALR) run along Interstate 30 to the north. FILE NO.: Z-7819 (Cont. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR United for Progress, West Baseline, Pinedale and Mavis Circle Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Community Shopping for this property. The applicant has applied for a change from R-2 (Single Family District) to C-3 (General Commercial District) for construction of tire store. The request does not require a change to the Land Use Plan. Master Street Plan: Mabelvale Pike is shown as a Minor Arterial on the Master Street Plan. A minor arterial provides connections to and through an urban area and its primary function is to provide short distance travel within an urbanized area. Mabelvale Pike will require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II or III bikeways are not in the immediate vicinity of the development. Citv Recoanized Neighborhood Action Plan The applicant's property lies in the area covered by the Chicot West / 1-30 South Neighborhood Action Plan. The Community Image goal is to "Foster strong neighborhoods and create an environment that supports independence and personal development by planning and developing a healthy community," with an action statement, "Review zoning and land use in the area every three to five years." The plan was reviewed in 2002 during the neighborhood action plan update changes were not made in the application area. Presently the future land use plan calls for Community Shopping at this location, which allows general merchandise stores. The proposed use falls into the General Merchandise Store category according to the U.S. Census Bureau (NAICS Definition 452990). The Economic Development goal states: "Provide a mixed commercial / residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that 2 FILE NO.: Z-7819 (Cont.) encourages investment and diversity of employment opportunities." Several objectives are relative to this case: 1) Promote the area as a desirable place for commercial interests to locate. Work with the City and Chamber of Commerce to attract businesses. 2) Attract neighborhood oriented businesses. 3) Expand Neighborhood Commercial uses at the intersections of Arterials. This development would occur on a Minor Arterial in a Commercial Node illustrated at its junction with Interstate 30. The additional of commercial to the area could attract new commercial to the area and result in additional investment in the area. E. STAFF ANALYSIS: Melvin T. Ewart, owner of the 0.96 Acre property at 9401 Mabelvale Pike, is requesting to rezone the property from "R-2" Single Family District to "C-3" General Commercial District. The property is located along the east side of Mabelvale Pike, south of Interstate 30. The rezoning is proposed in order to develop an automobile tire and service center. A conditional use permit application for the proposed development is a separate item on this agenda (Item 1.1). The property is currently undeveloped and mostly grass -covered. There are remnants of old buildings which previously existed on the site. There is a gravel driveway from Mabelvale Pike which has served as access to the property. The general area contains a mixture of uses and zoning. There is undeveloped C-3 zoned property immediately to the north, with single family residences on large lots to the south. The Home Depot development is located to the east. Single family residences, undeveloped property and an equipment rental business are located across Mabelvale Pike to the west. The City's Future Land Use Plan designates this property as Community Shopping. The requested zoning change to C-3 does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Staff feels that the request is appropriate. The abutting property to the north and east is currently zoned C-3, as is the property further south along Mabelvale Pike. Staff believes this proposed C-3 rezoning will have no negative impact on the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. 3 FILE NO.: Z-7819 (Cont.) PLANNING COMMISSION ACTION: (APRIL 28, 2005) Dean Taylor was present, representing the application. There were three (3) persons present in opposition. Staff presented the item with a recommendation of approval. The rezoning and conditional use permit (Item 1.1) were discussed simultaneously. Dean Taylor addressed the Commission in support of the applications. He deferred to the opposition to speak. Janet Berry addressed the Commission in opposition. She explained that this property was at the entrance to the Mabelvale area. She made comments related to the proposed C.U.P. She noted that she was opposed to the C.U.P. and neutral to the C-3 rezoning. Joyce Plant also addressed the Commission in opposition. Her concerns were as follows: The building is too large for the lot, drainage after development, removal of trees and landscaping of the property. Troy Laha also spoke in opposition. He expressed concern with issues related to the C.U.P. Dean Taylor addressed the Commission with comments related to the site design and the C.U.P. application. The C.U.P. application was discussed further. A motion was made to approve the C-3 rezoning application. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. 4 April 28, 2005 ITEM NO._ 1 Owner: Applicant: Location: Area: Request: Purpose: Existing Use: FILE NO.: Z-7819 Melvin T. Ewart Phillip M. Wylie 9401 Mabelvale Pike 0.96 Acre Rezone from R-2 to C-3 Tire and Auto Service Center Undeveloped SURROUNDING LAND USE AND ZONING North — Undeveloped property; zoned C-3 South — Single family residences; zoned R-2 East — Home Depot commercial development; zoned C-3 West — Mixture of single family residential, commercial and industrial; zoned R-2, C-4 and 1-2 A. PUBLIC WORKS COMMENTS: 1. Mabelvale Pike is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. Furnish signed and notarized dedications with final Board approval of the rezoning request. 3. See also the site development comments on the conditional use permit. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Routes 17 (Mabelvale- Downtown) and 17A (Mabelvale-UALR) run along Interstate 30 to the north. April 28, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7819 C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the SWLR United for Progress, West Baseline, Pinedale and Mavis Circle Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Community Shopping for this property. The applicant has applied for a change from R-2 (Single Family District) to C-3 (General Commercial District) for construction of tire store. The request does not require a change to the Land Use Plan. Master Street Plan: Mabelvale Pike is shown as a Minor Arterial on the Master Street Plan. A minor arterial provides connections to and through an urban area and its primary function is to provide short distance travel within an urbanized area. Mabelvale Pike will require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class IjI or III bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Chicot West / 1-30 South Neighborhood Action Plan. The Community Image goal is to "Foster strong neighborhoods and create an environment that supports independence and personal development by planning and developing a healthy community," with an action statement, "Review zoning and land use in the area every three to five years." The plan was reviewed in 2002 during the neighborhood action plan update changes were not made in the application area. Presently the future land use plan calls for Community Shopping at this location, which allows general merchandise stores. The proposed use falls into the General Merchandise Store category according to the U.S. Census Bureau (NAICS Definition 452990). The Economic Development goal states: "Provide a mixed K April 28, 2005 ITEM NO.: 1 (Cont. FILE NO.: Z-7819 commercial / residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities." Several objectives are relative to this case: 1) Promote the area as a desirable place for commercial interests to locate. Work with the City and Chamber of Commerce to attract businesses. 2) Attract neighborhood oriented businesses. 3) Expand Neighborhood Commercial uses at the intersections of Arterials. This development would occur on a Minor Arterial in a Commercial Node illustrated at its junction with Interstate 30. The additional of commercial to the area could attract new commercial to the area and result in additional investment in the area. E. STAFF ANALYSIS: Melvin T. Ewart, owner of the 0.96 Acre property at 9401 Mabelvale Pike, is requesting to rezone the property from "R-2" Single Family District to "C-3" General Commercial District. The property is located along the east side of Mabelvale Pike, south of Interstate 30. The rezoning is proposed in order to develop an automobile tire and service center. A conditional use permit application for the proposed development is a separate item on this agenda (Item 1.1). The property is currently undeveloped and mostly grass -covered. There are remnants of old buildings which previously existed on the site. There is a gravel driveway from Mabelvale Pike which has served as access to the property. The general area contains a mixture of uses and zoning. There is undeveloped C-3 zoned property immediately to the north, with single family residences on large lots to the south. The Home Depot development is located to the east. Single family residences, undeveloped property and an equipment rental business are located across Mabelvale Pike to the west. The City's Future Land Use Plan designates this property as Community Shopping. The requested zoning change to C-3 does not require a change to the Land Use Plan. Staff is supportive of the requested C-3 zoning. Staff feels that the request is appropriate. The abutting property to the north and east is currently zoned C-3, as is the property further south along Mabelvale Pike. Staff believes this proposed C-3 rezoning will have no negative impact on the general area. 3 April 28, 2005 ITEM NO.: 1 (Cont.) FILE NO.: Z-7819 F. STAFF RECOMMENDATION: Staff recommends approval of the requested C-3 rezoning. NNING COMMISSION ACTION: (APRIL 28, 2005) Dean Taylor was present, representing the application. There were three (3) persons present in opposition. Staff presented the item with a recommendation of approval. The rezoning and conditional use permit (Item 1.1) were discussed simultaneously. Dean Taylor addressed the Commission in support of the applications. He deferred to the opposition to speak. Janet Berry addressed the Commission in opposition. She explained that this property was at the entrance to the Mabelvale area. She made comments related to the proposed C.U.P. She noted that she was opposed to the C.U.P. and neutral to the C-3 rezoning. Joyce Plant also addressed the Commission in opposition. Her concerns were as follows: The building is too large for the lot, drainage after development, removal of trees and landscaping of the property. Troy Laha also spoke in opposition. He expressed concern with issues related to the C.U.P. Dean Taylor addressed the Commission with comments related to the site design and the C.U.P. application. The C.U.P. application was discussed further. A motion was made to approve the C-3 rezoning application. The motion passed by a vote of 11 ayes and 0 nays. The application was approved. 4