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HomeMy WebLinkAboutZ-8163 Staff AnalysisApril 26, 2007 ITEM NO.: C Owner: Derrick Gunn Applicant: Derrick Gunn Location: 4403 West 291h Street Area: 0.15 Acre FILE NO.: Z-8163 Request: Rezone from R-3 to C-3 Purpose: Floral arrangement workshop Existing Use: Two (2) single family residences SURROUNDING LAND USE AND ZONING North — Single family residences (across West 291h Street); zoned R-3 South — Auto body shop; zoned C-4 East — Funeral home (across Peyton Street); zoned C-3 West — Single family residences; zoned R-3 A. PUBLIC WORKS COMMENTS: 1. The proposed land use would classify West 29th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. The proposed land use would classify Peyton Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20-foot radial dedication of right-of-way is required at the intersection of West 29th and Peyton Street. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. Route #14 (Rosedale Route) runs along Asher Avenue to the south and Route #15 (UALR Route) runs along West 29th and Washington Streets to the west. April 26, 2007 ITEM NO: C (Cont. C. PUBLIC NOTIFICATION: FILE NO.: Z-8163 All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Midway, Curran -Conway and LOVE Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 1-630 Planning District. The Land Use Plan shows Multifamily for this property. The applicant has applied for a rezoning from R-3 Single Family to C-3 General Commercial. A Land Use Plan Amendment is a separate item on this agenda. Master Street Plan: West 29th Street is shown as a Collector on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Peyton Street is shown as a Local Street on the plan. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plan: A Class II bike route is shown along West 29th Street. A Class II bikeway is located on the street as either a 5' shoulder or six foot marked bike lane. Additional paving and right-of-way may be required. Citv Recognized Neighborhood Action Plan: This area is covered by the Oak Forest Neighborhood Action Plan. The plan states in the Housing Goal: "Improve commercial areas and services so that area residents have a variety of shopping/service opportunities within their community." E. STAFF ANALYSIS: Derrick Gunn, owner of the 0.15 acre property located at 4403 West 29th Street, is requesting to rezone the property from "R-3" Single Family District to "C-3" General Commercial District. The rezoning is proposed to utilize the existing structure(s) as a floral arrangement workshop to serve the existing funeral home located across Peyton Street to the east. The property is located at the southwest corner of West 29th and Peyton Streets. PA April 26, 2007 ITEM NO: C (Cont.) FILE NO.: Z-8163 There are currently two (2) one story frame single family residential structures located within the north half of the property. There is a one-story frame accessory structure located in the rear yard along the south property line. A partially paved alley right-of-way is located immediately south of the property. The general area contains a mixture of uses and zoning. There are single family residences on R-3 zoned property across West 29th Street to the north. An auto body shop is located across the alley to the south, with mixed commercial uses further south along Asher Avenue. Single family residences are located to the west along West 29th Street. A funeral home is located across Peyton Street to the east, with additional commercial uses further east. The City's Future Land Use Plan designates this property as "Multifamily'. A proposed Land Use Plan Amendment to "Commercial" is a separate item on this agenda. Staff is not supportive of the requested rezoning. The property in question is only 6,600 square feet in area. Section 36-301(d)(4) of the City's Zoning Ordinance requires a minimum lot area of 14,000 square feet for C-3 zoning. The existing structures on the property would also not conform to the minimum front, side, street side or rear setbacks as required in C-3 zoning. Given the fact that the applicant wishes to utilize the existing structure(s) as a floral arrangement workshop to support the existing funeral home use to the east, staff recommends the applicant file for a "PZD" Planned Zoning Development. Staff feels that site plan issues such as maintaining the residential appearance of the property, parking, lighting, signage, etc. should be addressed with the property's proposed change in use. Other issues as limiting the use of the property to a support use for the funeral home and tying it to this specific property owner can also be addressed through the "PZD" process. Staff believes rezoning this one (1) residential lot to C-3 could have as adverse impact on the adjacent residential property. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 rezoning. PLANNING COMMISSION ACTION: (FEBRUARY 15, 2007) Staff informed the Commission that the applicant requested the application be deferred to the April 26, 2007 Agenda. Staff supported the deferral request. 41 April 26, 2007 ITEM NO: C (Cont.) FILE NO.: Z-8163 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the April 26, 2007 Agenda. A motion to that effect was made. The motion passed by a vote of 8 ayes, 0 nays, and 3 absent. PLANNING COMMISSION ACTION: (APRIL 26, 2007) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had requested withdrawal of the item. There was no further discussion. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 10 ayes, 0 noes and 1 absent. M