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HomeMy WebLinkAboutpc_03 23 1993I. II. LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD MARCH 23, 1993 12:30 P.M. Roll Call and Finding of a Quorum A Quorum was present being eight in number. Approval of the Minutes of the Previous Meeting The minutes of the February 9, 1993 meeting were approved as mailed. Members Present: Members Absent: City Attorney: Brad Walker Ramsay Ball Diane Chachere Kathleen Oleson Bill Putnam Joe Selz Jim VonTungeln Emmett Willis, Jr. Ronald Woods (arrived after the roll call) John McDaniel Jerilyn Nicholson Susan Oswalt LITTLE ROCK PLANNING COMMISSION REZONING HEARING AGENDA MARCH 23, 1993 DEFERRED ITEM• A. Quinn - Conditional Use Permit (Z -5383-C) REZONING ITEMS: 1. Z -3459-A 2. Z-5658 3. Z-5665 4. Z-5666 5. Z-5667 6. Z-5668 7. Z-5669 8. Z-5670 I-30 and Baseline Road I-2 to C-3 623 South Pine R-4 to R-5 6213 and 6223 Lancaster R-2 to R-5 13,400 Block of W. Baseline MF -12 to R-2 12,103 I-30 R-2 to I-2 West Markham and Chenal Parkway R-5 to C-3 Asher Avenue and Martin Street I-2 to 0-3 9722 West Markham R-2 to 0-3 OTHER MATTERS• 9. Lowe's Conditional Use Permit (Z -5668-A) 10. Martin Street Right -of -Way Abandonment 11. Bylaw Amendment March 23, 1993 ITEM NO.: A FILE NO.: Z -5383-C Rii LOCATION: Quinn - Conditional Use Permit 5510 Kavanaugh Blvd. OWNER/APPLICANT: L. Walter Quinn PROPOSAL: A conditional use permit is requested to allow the use of this C-1 zoned structure and property for a cafe/restaurant. The applicant proposes to use the existing 1,200 square foot structure and requests a waiver of required on-site parking. ORDINANCE DESIGN STANDARDS: 1. Site Location This site is located on the north side of Kavanaugh Blvd., midway between Polk and Taylor Streets. 2. Compatibility with Neighborhood The abutting property to the rear is single family residential, zoned R-2. Immediately west of this site are several commercial uses including a restaurant and an outdoor supply store. Adjacent to the east is a photography studio zoned 0-3. Across Kavanaugh, to the south, is a large commercial node with a variety of uses including two large food stores. This proposed use, a small cafe/restaurant, would appear to be compatible with other uses in the immediate vicinity. Although the use itself appears compatible, a restaurant at this location with no on-site parking would have a negative impact on the adjacent neighborhood. A restaurant is an intense commercial use, generating a parking requirement of one space per 100 square feet of gross floor area. At this point, Kavanaugh Blvd. is restricted to parking only on one side of the street. 3. On -Site Drives and Parking A 1,200 square foot restaurant requires 12 on-site parking spaces. The applicant is requesting a waiver of all required on-site parking. He cites the presence of other restaurants in the Heights area that do not have on-site parking. March 23, 1993 ITEM NO.: A (Continued) FILE NO • Z -5383-C 4. Screening and Buffers Compliance with the City's buffer ordinance is required. A 7 foot buffer with appropriate screening is required at the rear of the site where it is adjacent to the single family residential property. A 7 foot street side buffer is also required. Attention must be given to adequately screening the adjacent residential property and restrictions should be placed on the property to eliminate any outside uses such as a patio bar. 5. City Engineer Comments Provide required on-site parking. Master Street Plan improvements are required to Kavanaugh Blvd.. 6. Utility Comments No negative utility comments as of this writing. 7. Analysis There have been several zoning actions on this property and several uses proposed over the last two years. The latest action was the granting of a conditional use permit for a dry cleaning plant in June of 1992. In this application, Mr. Quinn is proposing to utilize the existing former residential structure as a cafe/restaurant. He is requesting a waiver of on-site parking requirements. In each case that this property has gone before the Planning Commission or the Hoard of Adjustment, parking or the lack thereof has been an issue of concern. This particular proposal is for a cafe/restaurant, the most parking intensive use in the zoning ordinance. Staff feels that this proposed use is too intense for this lot. The applicant cannot meet the parking requirement. 8. Staff Recommendation Staff recommends denial of this application as being too intense of an use for this small lot and unable to meet on- site parking requirements. 2 March 23, 1993 ITEM NO.: A (Continued) FILE NO • Z -5383-C BDIVISION COMMITTEE COMMENT: (FEBRUARY 18, 1993) The applicant was present. Staff presented the item and outlined the concerns regarding the lack of parking and the intensity of the proposed use. Discussion then took place between the applicant and the Committee regarding the lack of on-site parking. The applicant stated that many of the uses in the Heights area have no on-site parking. Jerry Gardner of the City Engineer's Office addressed the Committee and explained the need for Master Street Plan improvements to Kavanaugh Blvd., such as curb, gutter and sidewalk. A committee member pointed out that a 1,200 square foot cafe/restaurant with no on-site parking would not generate a tremendous amount of customer traffic, and thus would not be that intense of a use. After a brief discussion, this matter was forwarded to the full Commission for final resolution. PLANNING COMMISSION ACTION: (MARCH 9, 1993) Chairman Walker stepped down prior to discussion of this item. The applicant, L. Walter Quinn and the project architect, Terry Burruss were present. There were two objectors present. Dana Carney, of the Planning staff, presented the item and offered a staff recommendation of denial based on the intensity of the use and the lack on-site parking. Mr. Burruss then addressed the Commission he stated that the owners have agreed to provide the required buffers and would have no outdoor use in the back portion of the property, thus limiting a potential impact on the adjacent residential property. He further stated that the required improvements would be made to Kavanaugh Blvd. Mr. Burruss then spoke at length about the required parking. He stated that only 50 to 60 percent of the building would be used for customer seating, and that the proposed restaurant would not generate a parking problem. He listed other uses in the Heights/Hillcrest neighborhood that do not have on-site parking. A commissioner then asked what the actual proposed seating was for the restaurant. Mr. Burruss stated that he did not know, but with the way the building is broken up into rooms, it would not be a large number. 3 March 23, 1993 ITEM NO.: A (Continued) FILE NO • Z -5383-C Mr. Quinn then addressed the Commission. He stated that the seating numbers had not yet been defined. He also listed other restaurants in the area that had limited or no on-site parking. Mr. Quinn stated that he was trying to save the existing building, and to make some viable use of the property. Mr. Quinn continued by stating that parking was going to be a problem for any proposed use for this site. Commissioner Willis asked if it was possible to put any parking in the back of the property. Mr. Quinn stated that he was willing to do whatever the Commission asked. Mr. Carney informed the Commission that it would be possible to put 3 to 4 parking spaces in the backyard, but that the driveway and required landscaping would be next to impossible to put in and that the rear yard parking could have a negative impact on the residential property adjacent to the rear. Karen Harbour, manager of the Harvest Foods Store at 5501 Kavanaugh, then addressed the Commission. She stated that the store was having a problem with neighborhood customers parking on its lot already and that a restaurant, with no on-site parking, at this location would only exacerbate the problem. She asked the Commission to deny the application. Stephen Jenkins, also of Harvest Foods, addressed the Commission. He reiterated Ms. Harbours concerns about parking and voiced opposition to the proposed restaurant. Commissioner Willis asked if any attempts had been made to work out a lease agreement with Harvest Foods for use of some of its parking spaces. Both Mr. Jenkins and Mr. Quinn stated that there had been no discussion along those lines. Further discussion then followed centering on the required parking for this use and parking in the Heights area in general. Vice Chairman Chachere then called for a vote. At this point, there were only seven commissioners and it was mentioned to the applicant that he might want to request a deferral. Mr. Quinn stated that he would prefer a vote. A vote was taken on the application. The vote was 4 ayes, 2 noes, 4 absent and 1 abstention (Ball). The item was automatically deferred to the March 23, 1993 Planning Commission meeting for lack of 6 votes either positive or negative. 4 March 23, 1993 ITEM NO.: A (Continued) FILE NO • Z -5383-C PLANNING COMMISSION ACTION: (MARCH 23, 1993) Chairman Walker stepped down prior to discussion of this item. vice Chairman Chachere presided. The applicant, L. Walter Quinn, and project architect, Terry Burruss, were present. There were objectors present. Dana Carney, of the Planning staff, presented the item and offered a staff recommendation of denial. Mr. Burruss addressed the Commission. He presented graphics to the Commission showing 32 on -street parking spaces within one block of this site, and also presented a proposal whereby three parking spaces could be put in the rear yard of this property. Mr. Burruss then presented a letter to the Commission from New Traditions, located at 1910 North Grant, agreeing to lease eight parking spaces to the proposed cafe/restaurant. Commissioner Putnam then stated that he was in favor of approving the restaurant with no on-site parking and letting it "work itself out.,, Commissioner Willis asked staff to comment on the parking lot in the rear yard and the lease agreement with New Traditions, as proposed by the applicant. Mr. Carney stated that, although the design submitted by Mr. Burruss would not work, it is possible to put three to four parking spaces in the rear yard. He then stated staff was concerned about reducing the negative impact on the residential property to the rear and the Commission would have to weigh the advantage of putting in three parking spaces over any possible negative impact. Mr. Carney then stated that New Traditions was located four to five blocks west of this site, and it was questionable as to whether this lease arrangement would have any real impact, except perhaps if the restaurant employees were required to park there. Doug Frank, owner of Ozark Outdoor Supply located at 5514 Kavanaugh Blvd., then addressed the Commission. He voiced his approval of the application without the required parking. Mr. Frank stated that a small neighborhood restaurant would not create that great of a parking need. Walter Quinn, the applicant, then addressed the Commission. He presented a letter from the Heights Merchants Association in support of the proposed restaurant. He also stated that he had spoken with the management of the Kroger Store, located one block south of this site, who said that they had no problem with the proposed restaurant. Mr. Quinn then stated that he had the support of many businesses in the Heights area. 5 March 23, 1993 ITEM NO.: A (Continued) FILE NO • Z -5383-C Commissioner Selz asked Mr. Quinn if he would take a proactive stance to keep customers off of Harvest Foods' parking lot. Mr. Quinn stated that he would. Steve Joiner, attorney for Harvest Foods, then addressed the Commission in opposition to the proposal. He presented a letter from Kelli and Bart Trickey of 2022 North Polk Street, voicing their opposition to allowing the cafe/restaurant without any on-site parking. Commissioner Putnam then told Steve Jenkins, of Harvest Food, that he did not see the problem, that some commercial use was going to go in this site. Mr. Jenkins told the Commission that Harvest Food had a similar problem with their store located in the Hillcrest area. A nearby restaurant, without adequate on-site parking, is utilizing Harvest Foods' parking lot and is creating a parking problem for Harvest Foods' customers. After further discussion, Commissioner Woods asked if there were any other businesses in the area in opposition to the proposed restaurant. Dana Carney informed the Commission that George Wells, property manager for the Heights Theater Commercial Center at 5600 Kavanaugh, had called to express his concern about the lack of parking in the area and had asked staff to make the Commission aware of this concern. Ruth Bell, of the League of Women Voters, addressed the Commission and voiced her opposition to the parking requirement being waived. Terry Burruss told the Commission that arrangements had been made for eight parking spaces at New Traditions, and that there are two on -street parking spaces in front of the proposed cafe/restaurant. After further discussion, Karen Harbour, Manager of the Harvest Foods Store at 5501 Kavanaugh, addressed the Commission. She stated that Harvest Foods works with the neighborhood and that many businesses have customers that park on Harvest Foods' parking lot. Ms. Harbour stated that it had reached the point where it was becoming a problem, and that Harvest Foods' customers were having trouble finding parking. Tim Polk, Assistant Director of the Department of Neighborhoods and Planning, asked how many patrons the restaurant would have. Mr. Quinn stated that the restaurant would seat approximately 40 and would have five employees. 6 March 23, 1993 ITEM NO • A (Continued) FILE NO • Z -5383-C After further discussion, Commissioner Putnam made a motion to approve the application with the condition that the lease agreement, with a time frame that is satisfactory to staff, be worked out with New Traditions. The vote was 3 ayes, 5 noes, 2 absent and 1 not participating (Walker). This was the second meeting where this item failed to receive 6 votes. The item was declared to be denied. 7 March 23, 1993 ITEM NO.: 1 Z -3459-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Conservative Development Company Joe D. White I-30 and Baseline Road Rezone from I-2 to C-3 Commercial (Shopping Center) 27.9 acres vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned C-3 South - Vacant, zoned R-2 and I-2 East - Vacant and Commercial, zoned R-2 and I-2 West - Vacant and Single -Family, zoned R-2 and C-3 STAFF ANALYSIS The request before the Commission is to rezone approximately 28 acres from I-2 to C-3 for future commercial development, a possible shopping center. The property is situated south of the Mabelvale Pike/I-30 Interchange and Baseline Road. Mabelvale Pike is located to the west of the site, and the acreage has no street frontage. It appears that the land will be combined with the existing C-3 parcels for development purposes. Zoning in the immediate vicinity is R-2, C-3, C-4, I-2 and OS. The property abuts R-2 on the west and on the east, C-3 on the north and I-2 on the east and south. Land use includes single family and commercial. The single family areas are located to the west and east of the site. The new Wal-Mart on Baseline Road is under construction on the C-3 and I-2 (Z-3442) found to the east. Some of the land is still undeveloped, including the I-2 to the south and the R-2 to the east. A C-3 rezoning of the 28 acres is a reasonable option for the land and the commercial reclassification will not have an adverse impact on the surrounding properties. It appears that this site and the general area are better suited for commercial development, and not industrial uses because of the location and a major retailer directly to the east. The March 23, 1993 ITEM NO • 1 Z -3459-A (Cont.) I-2 has been in place for a number of years, and a majority of it is vacant. And finally, a C-3 reclassification does not conflict with the adopted plan which shows the area for a combination of office and commercial uses. LAND USE PLAN ELEMENT The proposed zoning is generally in conformance with the plan. with a mixed office -commercial designation, the preferred commercial zoning would be PCD. However, since the area is currently zoned industrial, the request appears reasonable based on the plan. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning as requested. PLANNING COMMISSION ACTION: (MARCH 23, 1993) The applicant was present. There were no objectors and the item was placed on the Consent Agenda. The Planning Commission voted 9 ayes, 0 nays and 2 absent to recommend approval of the C-3 rezoning. 2 March 23, 1993 ITEM NO.• 2 Z-565 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: John A. and Avay Jaynes Avay Jaynes 623 South Pine Rezone from R-4 to R-5 Multifamily (3 units) 0.25 acres Duplex SURROUNDING LAND USE AND ZONING North - Single -Family, zoned R-4 South - vacant, zoned 0-3 East - Single Family, zoned R-4 West - Single -Family, zoned R-4 STAFF ANALYSIS The lot at 623 South Pine, the northeast corner of Pine and West 7th, is currently occupied by a duplex and an accessory building. The proposal is to convert the accessory structure into a dwelling unit for a total of three units on the site. To allow the three units, the property must first be rezoned from the current R-4 to R-5. The conditional use permit process for an accessory dwelling cannot be utilized for this location because the ordinance states that "in the R-4 District, an accessory dwelling is expressly prohibited whena duplex exists on the lot." Therefore, a reclassifi- cation to R-5 is necessary for the third unit. 623 South Pine is situated one-half block north of I-630 and two blocks east of the veteran Administration and University of Arkansas Medical Center complex. Zoning found in the neighborhood includes R-3, R-4, R-5, 0-3, PRD and PCD. The existing R-5 is located between Cedar and Elm, one block to the west. The R-4 zoning is adjacent to I-630 and extends to the north and south for several blocks. Land use north of I-630 and east of Cedar is primarily residential. West of Cedar, there are some properties utilized by the University of Arkansas Medical Center for various uses, including clinics and offices. There are also some single family residences and multifamily units between Cedar and Elm. On the south side of I-630, the uses are residential, offices and the County Health facility which is currently under construction. March 23, 1993 ITEM NO.: 2 Z-565 (Cont.) Rezoning 623 South Pine to R-5 to allow a total of three units is a reasonable request and use of the site. There is already a mix of densities in the neighborhood, and the current zoning pattern permits a variety of housing types. Because of the existing conditions, a R-5 reclassification should not have an impact on any of the nearby properties. Also, R-5 conforms to I-630 Plan which shows the property as part of a low density multifamily area. For lots between 10,000 square feet and one acre, the R-5 District requires 2,000 square feet of land area per dwelling unit. The property in question has a total of 10,800 square feet. Therefore, the plan for three units does not exceed the density limit for the site. A total of five units could be constructed using the land area requirement and assuming that all other ordinance provisions are met. One final item is parking. For multifamily units, the ordinance requires 1.5 spaces per unit or 4.5 parking spaces for three units. It appears that the lot will be able to accommodate the necessary parking. There is an alley along the rear property line and the ordinance allows dedicated alleys to be used as part of the maneuvering area. LAND USE PLAN ELEMENT A large apartment use would not be appropriate in a low density multifamily area. However, a single development on a residential parcel allowing for only three or four units would not violate the intent of the plan. One should note that multiple "R-511 rezonings will create an apartment density and should be prevented. ENGINEERING COMMENTS The right-of-way standard for West 7th is 25 feet from the centerline. The existing right-of-way is deficient and the dedication of five feet will be needed to satisfy the Master Street Plan. If the property is rezoned and the right-of-way dedication is granted, a franchise will be needed for the accessory structure because it has a setback of only 2 feet from West 7th. STAFF RECOMMENDATION Staff recommends approval of the R-5 rezoning request. 2 March 23, 1993 ITEM NO.: 2 Z-5658 (Cont.) PLANNING COMMISSION ACTION: (MARCH 23, 1993) The applicant was present. There were no objectors in attendance and the item was placed on the Consent Agenda. The Planning Commission voted to recommend approval of the R-5 rezoning request. The vote was 9 ayes, 0 nays and 2 absent. 3 March 23, 1993 ITEM NO.• 3 Z-5665 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Beverly Dickson Beverly Dickson 6213 and 6223 Lancaster Road Rezone from R-2 to R-5 Multifamily 0.69 acres Single -Family North - Single -Family, zoned R-2 South - Single -Family, zoned R-2 East - Vacant, zoned R-2 West - Single -Family, zoned R-2 STAFF ANALYSIS The property in question, 6213 and 6223 Lancaster, has two detached single family residences on it, and the owner would like to convert an accessory dwelling into a dwelling unit. Because of the two existing houses on the one lot, a rezoning to R-5 has been requested to allow the third unit. The conditional use permit process for an accessory dwelling cannot be used in this situation because the lot already has two residences, and the ordinance requires that one dwelling unit must be occupied by the owner. Therefore, a reclassi- fication is needed to permit the three units, even though the proposal is for three detached structures and not the conventional arrangement of attached multifamily units. Zoning found in the general vicinity of Lancaster and West 65th Street is R-2, R-5, 0-3, C-3, C-4, I-2 and OS. There is R-5 land on Lancaster, south of the site under consideration, however, the two lots are occupied by single family residences. At this time, a majority of the R-5 zoning is along Butler Road where there is a concentration of multifamily units. The nonresidential zoned properties are adjacent to West 65th, with the exception of an 0-3 parcel that fronts Lancaster. Land use is similar to the existing zoning and includes single family, multifamily, a church and various types of commercial uses. Along Lancaster, there is a commercial user at West 65th Street and a nonconforming use, an eating place, north of 6213 and 6223 Lancaster. All of the other lots adjacent to Lancaster are either single family or vacant. March 23, 1993 ITEM NO.: 3 Z-566 (Cont.) The proposed R-5 zoning is in conflict with the adopted plan, 65th Street East, and the staff does not support the request. The plan's multifamily line is to the south of the property under consideration and it is our position that the recommended land use boundary should be maintained. Approving the R-5 could create additional problems for the neighborhood, which has already been impacted by some of the R-5 sites found along Butler Road. Another concern is that a R-5 reclassification could allow up to 15 units based on the lot size, 30,000 square feet, and the land area per family requirement in R-5. A large number of units on a single tract could create a very undesirable living environment for the property, and spill over into the neighborhood. Adding a third dwelling on the site is not unreasonable, however, staff feels that a R-5 rezoning is not in the best interest of the neighborhood. Options that could limit the number of units should be considered such as a PRD or replatting a tract into two lots, and then the additional unit could possibly be an accessory dwelling providing that it meets all of the ordinance requirements. LAND USE PLAN ELEMENT The proposed multifamily zoning is to the north of a designated multifamily area (not adjacent). The plan calls for single family. The city's actions should not encourage the intrusion of multifamily into a stable single family area. Development should be kept to a low density in order to protect the existing development. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends denial of the R-5 rezoning. PLANNING COMMISSION ACTION: (MARCH 23, 1993) The applicant, Beverly Dickson, was present. There were two objectors in attendance. Ms. Dickson spoke and reviewed her request. She said that all she wanted to do was convert the accessory structure into a third dwelling unit, and was not 2 March 23, 1993 ITEM NO.: 3 Z-5665 (Con interested in an apartment type development. Ms. Dickson went on to describe the property and then answered some questions. There were some comments made about various issues, including utilizing the PRD process for the project. Anne Johnston, representing the Wakefield Neighborhood Association, described the neighborhood and said there were too many apartments in the area now. Ms. Johnston voiced her concerns with the density that R-5 allows, and asked the Commission to avoid rezoning the site to R-5. Tammy Ashley, a resident of the neighborhood, said that adding the third unit did not present a problem, but the real concern was the R-5 request and objected to the rezoning. Comments were then offered by various individuals, including Richard Wood, Department of Neighborhoods and Planning staff, who discussed replatting the property and street improvements. Beverly Dickson spoke again and told the Commission that she only wants to use the accessory building for a third dwelling unit. Ms. Dickson said she was not interested in having a number of units on the property. After some additional comments, Beverly Dickson agreed to a deferral of the request. A motion was made to defer the item to the April 20, 1993. The motion was approved by a vote of 9 ayes, 0 nays and 2 absent. 3 March 23, 1993 ITEM NO.• 4 Z-5666 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Eramaline Garrett Rollin Caristianos 13,400 Block of West Baseline Rezone from MF -6 and MF -12 to R-2 Single -Family 10.0 acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned MF -12 South - Vacant, zoned MF -6 and OS East - Single -Family, zoned R-2, MF -6 and MF -12 West - Vacant and Single -Family, zoned R-2 and MF -24 STAFF ANALYSIS The property in question is zoned MF -6 and MF -12, and the request is to rezone it to R-2. (A very small portion of the acreage is also zoned OS). The proposal is to construct one single family residence on the land and, therefore, the site must first be rezoned to R-2. The site is 10 acres in size and has 626 feet of frontage along West Baseline Road. The property was rezoned to its current classifications in 1985. Zoning in the area is R-2, MF -6, MF -12, MF -24, OS and PRD. Multifamily zoning abuts the property on three sides, and is also across West Baseline. The MF -24 to the west is part of Otter Creek development and it is vacant as are the other multifamily sites. Land use on the developed parcels and lots is single family. There are other vacant tracts in addition to the multifamily zoned properties. Rezoning the 10 acres to R-2 is not a significant issue and staff supports the request. The Otter Creek Plan shows the property for multifamily use because of the existing zoning. Staff feels that there is no plan conflict because of the reclassification is for continued residential use, and a plan amendment is not justified by the R-2 rezoning. March 23, 1993 ITEM NO.: 4 Z-5666 (Cont.) LAND USE PLAN ELEMENT The proposed site is within a large multifamily area. Although most of the area is vacant, multifamily zoning is already in place. The proposal does conflict with the plan. Due to the existing conditions, it is not logical or reasonable to alter the plan. Since the proposal is residential and the plan calls for high density residential, staff does not believe that the Plan alone is sufficient to deny the request. Future development will need to be carefully watched to prevent a large number of access points along Baseline. ENGINEERING COMMENTS Baseline Road is classified as a principal arterial, and the right-of-way standard is 55 feet from the centerline. It appears that the existing right-of-way is deficient and some additional dedication will be needed. STAFF RECOMMENDATION Staff recommends approval of the R-2 request as filed. PLANNING COMMISSION ACTION: The applicant was present. (MARCH 23, 1993) There were no objectors. A motion was made to recommend approval of the R-2 rezoning. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. FA March 23, 1993 ITEM NO.: 5 Z-5667 Owner: Shur -Valu Stamps, Inc. Applicant: Hubert D. Fugett Location: 12,103 I-30 Request: Rezone from R-2 to I-2 Purpose: Industrial Size: 25.32 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Vacant and Industrial, zoned I-2 South - Vacant, zoned R-2 and I-3 East - Vacant and Industrial, zoned I-2 West - Vacant and Industrial, zoned I-2 STAFF ANALYSIS This rezoning application involves two tracts of land, zoned R-2, and the request is to reclassify them to I-2. One parcel is 4.62 acres and the other one is 20.72 acres. The property is just southwest of the I-30/Otter Creek interchange, and part of it is located in what is referred to as the Otter Creek Industrial Park. The larger of the two parcels is being rezoned because of a warehouse expansion for Affiliated Foods, which is located directly to the west. The owners thought that the 20 acre site was rezoned in 1981 when the land to the west was reclassified. (Because of some unusual circumstances, permits have been authorized for the work to continue during the rezoning process.) Zoning includes R-2, C-3, I-2 and I-3, with the two sites abutting industrial zoning on all sides. Industrial facilities are the only land use in the immediate vicinity. The Dillard's warehouse complex is situated to the east, and the Affiliated Foods' plant is to the west and north. A large percentage of land in the area is still undeveloped. An industrial reclassification of the two tracts is appropriate and conforms to the adopted plan. The only significant issue associated with this request is that a March 23, 1993 ITEM NO.: 5 Z-5667 (Cont.) portion of the 20 acre site, the land southwest of the railroad tracks, is in the designated floodway. Because of the floodway, the area is shown on the Otter Creek plan as open space. Also, the Master Parks Plan identifies the floodway land as "priority two proposed open space." City policy requires that the floodway areas be zoned OS and dedicated to the city. In certain situations, the City has accepted an easement for the floodway, and this is one of those cases because of the land was purchased through Act 9 Bonds and other factors. LAND USE ELEMENT The proposal is in conformance with the plan. NOTE: The Parks Plan and land use plan call for the creek to be a part of the "green finger" system which will connect the city's parks. ENGINEERING COMMENTS An easement needs to be provided for the established floodway. STAFF RECOMMENDATION Staff recommends approval of I-2 and OS for the floodway area. PLANNING COMMISSION ACTION: (MARCH 23, 1993) The applicant, Hubert D. Fugett, was present. There were no objectors. Mr. Fugett agreed to the OS zoning for the floodway, and amended the request to include the OS. The item was then added to the Consent Agenda and the Planning Commission recommended approval of the I-2 and OS as amended. The vote was 9 ayes, 0 nays and 2 absent. K, March 23, 1993 ITEM NO.: 6 Z-5668 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Andrew J. McDonald as Bishop of the Roman Catholic Diocese of Little Rock Andrew J. McDonald by James E. Hathaway, Jr. West Markham and Chenal Parkway Rezone from R-5 to C-3 Commercial 17.6 acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned R-2 South - Vacant, zoned C-3 East - Vacant, zoned C-2 West - Church, zoned R-5 STAFF ANALYSIS The property under consideration is currently zoned R-5, and the request is to rezone the 17 acres to C-3 for retail development. (Item No. 9 on this agenda is a conditional use permit request for the same site to allow a home center.) The acreage is located to the northeast of the Chenal Parkway/West Markham intersection, and the property has frontage on both roadways. At this time, the land is undeveloped and heavily wooded. There is a 50 foot water works easement that crosses a southern portion of the site. The property was rezoned for multifamily use as part of the original Rock Creek Plan in the mid -1970's. Zoning in the area is R-2, MF -12, R-5, C-2, C-3 and 0-3. The site abuts C-2 on the east, R-5 on the west and R-2 along the northern property line. The zoning around the Chenal Parkway/West Markham Intersection is primarily C-3 and a majority of the commercial land in the general vicinity is zoned C-3. Land use is a church, commercial and an AP&L service facility. A relatively high percentage of land is undeveloped, including the C-3 at the Chenal/west Markham intersection and the C-2 to the east. March 23, 1993 ITEM NO.: 6 Z-5668 (Cont.) Currently, the adopted plan shows the property for multifamily use because of the existing zoning. Because of the property's location, trends in the area and the existing zoning, a commercial reclassification does appear to be a logical alternative for the 17 acres. Commercially zoned land is found on two sides, and most of the intersection is zoned for commercial use. The land directly to the north is a dedicated open space area and it provides a good buffer for the residential uses to the north of the open space. No residential area should be affected by the proposed reclassification. On the west side, there is a church and any potential impacts from a commercial development on the church property could minimized by adequate buffering and landscaping along the common boundary. Staff's position is that a commercial rezoning is appropriate for the site, and will recommend a plan amendment to the Board of Directors if the C-3 is endorsed by the Planning Commission. For the record, approval of the requested C-3 rezoning does not endorse any access plan or location of two proposed outparcels. A plat will have to be filed to create the two lots and the conditional use permit will address the access issue. LAND US'E PLAN ELEMENT There are two areas of Public -Institution (PI) use, either side of Rock Creek just west of the Markham-Chenal Parkway Intersection. This location is shown for a future park site on the Master Park Plan. Originally, other uses such as a city sub -center and branch library were discussed for this location; however, they have since been located elsewhere. The remaining use is park; therefore, the two PI use areas should be changed to Park/Open Space. A second change north and east of the intersection is due in part to changes in traffic patterns since the Rock Creek Plan and zoning were approved a decade ago. At that time, this site was at the end of Rock Creek Parkway with multifamily type uses on the north side of the parkway and office -commercial uses to the south (between the Parkway and Markham). The first change is to PI for an existing church and the second change is to commercial. The area to the east as well as the other three corners are zoned to commercial now. This change allows a similar use on similar land (Note: Until and unless the city adopts a policy to limit nonresidential uses based on expected demand (service area) from surrounding residential, it will be hard to justify not allowing a similar use on a similar site.) 2 March 23, 1993 ITEM NO.: 6 Z-5668 (Cont.) ENGINEERING COMMENTS 1. Chenal Parkway requires a total right-of-way of 120 feet. The existing right-of-way is deficient and dedication of additional right-of-way will be needed. 2. It appears that the existing West Markham right-of-way is deficient and some dedication will be required. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning request. PLANNING COMMISSION ACTION: (MARCH 23, 1993) (Note: Items No. 6 and 9 were discussed together.) The application was represented by Jim Hathaway. There were several other interested persons in attendance. Mr. Hathaway spoke and said that the proposed use, a home center, was a conditional use in the C-3 district. Mr. Hathaway went on to say that there were two actions before the Commission, 1) to rezone the 17.6 acres to C-3 and 2) to grant a conditional use permit for the Lowe's Home Center on 15 acres. Mr. Hathaway then introduced Dickson Flake and continued by discussing a proposed road and buffering the church. Mr. Hathaway noted that there were no objectors from the church, and an agreement had been worked out with the church concerning the buffer between the two properties. Mr. Hathaway said all the agreements would be in writing. Dickson Flake, representing the Catholic Diocese, owner of the site, discussed the proposed outparcels and access. Mr. Flake said that the plan was to avoid additional curb cuts on West Markham and Chenal Parkway. Jim Hathaway spoke again and told the Commission that a plat would be filed to create the lots. Sheldon Whittlesey, with JDN, Inc., the proposed developer, addressed hours of operation and lighting. Mr. Whittlesey said Lowe's would be opened Monday through Friday, 7:00 a.m. to 9:00 p.m. and Sundays from 6:00 to 10:00. He said the lighting would be typical for a commercial development, and poles would probably 30 to 35 feet high. 3 March 23, 1993 ITEM NO.: 6 Z-5668 (Cont.) Ruth Bell, League of Women voters, discussed her concerns with noise, lighting and signage. Ms. Bell then addressed the height of the lighting and asked that it not have a visual impact on the area. Ms. Bell said she was pleased with the proposed C-3, and said C-4 was inappropriate. Bob Brown, Plans Review Specialist with the City, then responded to questions about buffering and landscaping. A long discussion followed about buffering and how the ordinance requirements would be applied to the site. It was determined that the property, for landscaping and buffering purposes, would be treated as one tract until it was replatted. Jim Hathaway spoke again and discussed the availability of commercial land. Mr. Hathaway said there was a shortage, and the property would not be used for affordable housing if it was not rezoned. Additional comments were offered by various individuals about landscaping and other issues. The Chairman then asked for a vote on rezoning from R-5 to C-3. The C-3 was recommended for vote of 8 ayes, 1 nay and 2 absent. (See Item additional information.) 4 the property approval by a No. 9 for March 23, 1993 ITEM NO.• 7 Z-566 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Wallace Caradine James Washington Asher Avenue and Martin Street Rezone from I-2 to 0-3 Private School 2.5 acres Office and Storage SURROUNDING LAND USE AND ZONING North - Vacant and Industrial, zoned C-3 and I-2 South - Vacant and Single -Family, zoned R-3 and I-2 East - Single -Family and word of Outreach Center, zoned R-3 West - Commercial and Industrial, zoned I-2 STAFF ANALYSIS The request before the Planning Commission is to rezone a tract of land at the southwest corner of Asher Avenue and Martin Street from I-2 to 0-3. Should the rezoning be granted, the site will be utilized by the Word of Outreach Christian Center for school space. word of Outreach has a very visible presence in the neighborhood and has a number of buildings and facilities at the Asher/Martin Intersection. Over the years, the Word of Outreach Center has grown rapidly, and this rezoning is an effort to continue their education ministry. Zoning along this portion of Asher Avenue is somewhat fragmented, and it includes R-3, R-4, R-5, C-3 and I-2. There is no consistency to the existing zoning pattern and as with a majority of the core neighborhoods,- the zoning sometimes changes from lot to lot. The zoning on the south side of Asher is more uniform because the zoning does not change as often and there are larger tracts zoned the same way. Land use is made up of single family, duplexes, commercial, industrial and warehousing. There are also some vacant buildings and undeveloped lots in the neighborhood. March 23, 1993 ITEM NO.: 7 Z-5669 (Cont.) The I-630 District Plan shows the property as part of a mixed use area, which usually means a combination of office, commercial and some light industrial uses. An 0-3 rezoning conforms to the plans direction and staff supports the request. There is a residential area to the east and an office reclassification should provide a better transition from the I-2 on the west to the residential lots east of Martin Street. The rezoning should be viewed as a positive step for the neighborhood, and it will not have any adverse impacts on the surrounding properties. LAND USE PLAN ELEMENT The proposal is within an area recommended for mixed use. Office is recommended to be a POD. Since the area is currently zoned industrial, an office zoning would be appropriate and compatible with the plan. ENGINEERING COMMENTS Asher Avenue has a right-of-way standard of 70 feet, and the existing right-of-way is deficient. A dedication of 5 feet is needed to satisfy the Master Street Plan requirement. STAFF RECOMMENDATION Staff recommends approval of the 0-3 rezoning as requested. PLANNING COMMISSION ACTION: (MARCH 23, 1993) The applicant was present. There were no objectors in attendance. A motion was made to recommend approval of the 0-3 rezoning as requested. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. 2 March 23, 1993 ITEM NO.• 8 Z-5670 Owner: Sherman A. Lewis Applicant: Sherman A. Lewis Location: 9722 West Markham Request: Rezone from R-2 to 0-3 Purpose: Office Size: 0.72 acres Existing Use: Office and Beauty Shop North - Single -Family, zoned R-2 South - Parking and Commercial, zoned R-2 and C-3 East - Office, zoned 0-3 West - Church, zoned R-2 STAFF ANALYSIS 9722 West Markham is currently zoned R-2 with two nonconforming uses in the same building. The two uses are a beauty shop and an insurance office. The owner of the property would like to increase the office space by adding on to the rear of the structure. The ordinance states that "a nonconforming use shall not be extended, expanded or increased in intensity." Therefore, a rezoning to 0-3 must first be accomplished before a building permit can be issued for the new construction. The existing building has 1,260 square feet and the proposed addition will be 300 to 400 square feet. There is a 50 foot easement that crosses the lot, and it does restrict the amount of expansion because the easement is fairly close to the back of the building. Zoning along this section of West Markham is R-2, R-5, 0-3, C-3 and PCD. For the properties and lots that do not have West Markham frontage, the existing zoning is R-2, R-4, 0-3 and PCD. The property in question abuts 0-3 on the east and R-2 land on the north and west, which is a church parking lot. Land use is very similar to the zoning and includes single family, multifamily, churches, office and commercial. The uses that front West Markham range from single family residences to an eating place. March 23, 1993 ITEM NO.: 8 Z-5670 (Cont.) The Rodney Parham Plan shows the property as part of a large office area on the north side of west Markham. Therefore, an 0-3 reclassification conforms to the adopted plan and there are no zoning or land use issues associated with this request. LAND USE PLAN ELEMENT The plan recommends office use for this site, thus the request is consistent with the plan. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the 0-3 rezoning request as filed. PLANNING COMMISSION ACTION: (MARCH 23, 1993) The applicant was present. There were no objectors and the item was placed on the Consent Agenda. The Planning Commission recommended approval of the 0-3 request by a vote of 9 ayes, 0 nays and 2 absent. PA March 23, 1993 ITEM NO.: 9 FILE NO.: Z -5668 - NAME: Lowe's Home Center - Conditional Use Permit LOCATION: Chenal Parkway at West Markham Street (NW corner) OWNER/APPLICANT: Catholic Diocese of Little Rock/ James E. Hathaway, Jr., Applicant PROPOSAL: To construct a 121,000 square foot home center with limited outdoor display on C-3 zoned property. This item is associated with Item No. 6 (Z-5668, a request to rezone this property from R-5 to C-3). ORDINANCE DESIGN STANDARDS: 1. Site Location This is a 15.3 acre site located at the NW corner of the intersection of Chenal Parkway and West Markham Street. 2. Compatibility with Neighborhood There are several large, vacant C-3 zoned tracts at each of the other corners of the Chenal Parkway/West Markham Intersection. Adjacent, to the east of this site, is a vacant tract of C-2 zoned property. Abutting this site, to the north, is the Rock Creek floodway; zoned R-2. Trinity Presbyterian Church is located directly west of this proposed development. The proposed use of this property, a home center with no outdoor display other than that within the fenced in garden center, appears to be compatible with the neighborhood. Attention must be given to adequately buffering the adjacent church property to the west. 3. On -Site Drives and Parking A 121,000 square foot retail use requires 339 parking spaces. The applicant is proposing a substantial parking area with a total of 650 parking spaces. There is a driveway which circles behind the building to access the loading docks. March 23, 1993 SUBDIVISION ITEM NO.: 9 (Continued) FILE NO • Z-5668- 4. Screening and Buffers Compliance with the City's Landscape and Buffer Ordinances is required, with attention given to screening/buffering the adjacent church property to the west of this site. There is a large, open-space/park area directly north of this site, 400 to 500 feet in width (Rock Creek Floodway) which reduces the required buffer on the north perimeter of this project. The site plan, as submitted, does not provide an adequate buffer on the west and is deficient in required interior landscaping. 5. City Engineer Comments Right-of-way dedication and Master Street Plan improvements are required on Chenal Parkway and West Markham, including the deceleration lanes. Redesign the driveway entrance into the parking lot from West Markham. Resolve the issue concerning the collector standard street to enter this site through the Trinity Presbyterian Church property. 6. Utility Comments Little Rock Municipal Water Works states a water main extension will be required to serve this property. On-site fire protection will be required. Contact the Water Works regarding the care which must be taken to protect the raw water main crossing this property. 7. Analysis The applicant is proposing a conditional use permit for 15.3 acres of a 17± acre site. This application does not address the outparcels and the applicant needs to be aware that the property will need to be properly platted. This proposed home center will have no outside display/storage other than that within the fenced in partially covered garden center. With proper consideration given to screening/buffering the church site to the west, this proposed use should be compatible with the neighborhood. 2 March 23, 1993 SUBDIVISION ITEM NO.: 9 (Continued) FILE NO.: Z-5668- 8. Staff Recommendation Staff recommends approval of this item subject to: 1. Compliance with the City Engineer and Utility Comments. 2. Compliance with the City's landscape and buffer ordinances with attention given to screening/buffering the adjacent church property to the west of this site. 3. The area of outdoor display/storage being limited to the fenced in garden center as shown on the site plan. SUBDIVISION COMMITTEE COMMENT: (March 4, 1993) The applicant, James Hathaway, was present. Darrell Cluck, Pastor of Trinity Presbyterian Church, was also present. Staff presented the item and outlined the concerns as noted above. Mr. Hathaway gave a brief outline of the proposed development. Jerry Gardner, of the City Engineer's Office, spoke at length regarding the Chenal Parkway and Markham Street right-of-way issues, problems with the design of the Markham Street entrance into the parking lot and the previous agreement by the Diocese and Trinity Presbyterian Church to construct a collector standard street which is to pass through both properties. Jim Lawson, Director of the Department of Neighborhoods and Planning, addressed the issue of platting the property and stated that this conditional use permit was not an endorsement of the outlots as shown on the site plan. Mr. Cluck addressed the Committee and voiced concern about buffering/screening the church from the proposed commercial site. A lengthy discussion then followed in which it was decided that the applicant needed to increase planting in the west buffer to screen the church site. Committee Chairman Ball then told Mr. Hathaway to look at other issues which may come up at the commission meeting such as proposed hours of operation and parking lot lighting. Mr. Hathaway stated he would have a revised site plan prepared and would address each of the issues that were raised. The Committee then forwarded this item to the full Commission for final resolution. f March 23, 1993 ITEM NO.: 9 (Continued) FILE NO.: Z -5668 - PLANNING COMMISSION ACTION: (MARCH 23, 1993) (NOTE: Items No. 6 and 9 were discussed together.) The applicant, James Hathaway, was present. There was one objector present. Dana Carney, of the Planning staff, presented the item and a staff recommendation of approval. Mr. Carney advised the Commission that a revised site plan had been received the previous evening which addressed many of staff's concerns regarding buffers, screening, and the entrances from Chenal Parkway and west Markham. He informed the Commission that the City Engineer's Office had approved the revised site plan with two minor changes in the entrances. The entrance from Chenal Parkway is to be a right turn in and a right turn out only, and the island shown in the west Markham entrance is to be eliminated. The issue regarding the street through the property and the Trinity Presbyterian Church property has not been resolved. James Hathaway then addressed the Commission. He stated that a written agreement eliminating the thru street will be forthcoming. Mr. Hathaway further stated that the buffer on the west perimeter was increased to protect the church and that the changes required by the City Engineer on the two entrances would be made. Mr. Hathaway stated that an agreement had been made with the church in which extensive planting would be done in the west buffer, and in which planting would be done on the church side of the property line. This increased landscaping/buffering would be in -lieu of a 6 foot wood fence which the church felt would not be an effective screen. He stated that the agreement would be put in writing and that staff would be provided a copy. Commissioner Selz asked about curb cuts for the two outparcels. Dickson Flake, representing the Catholic Diocese, stated that the plan is to utilize the interior drives for access to the proposed outlots. The Commission was reminded by staff that the approval of this conditional use permit does not constitute approval of the outlots as shown, that the property needed to be properly replatted. Mr. Hathaway told the Commission that a plat will be filed soon. Commissioner Oleson stated that she had questions about signage, hours of operation and parking lot lighting. Sheldon Whittelsey, of JDN Enterprises, the project developer, then addressed the Commission. He stated that signage would be whatever the city code allowed. The hours of the store are Monday through Saturday, 7:00 a.m. to 9:00 p.m. and Sunday, 4 March 23, 1993 ITEM NO.: 9 (Continued) FILE NO.: Z-5668- 10:00 a.m. to 6:00 p.m. He did not have details on parking lot lighting, but stated it would be similar to other commercial developments in the area. Commissioner Chachere asked if the Sunday hours would have a negative impact on the church. Mr. Whittelsey stated that the proposed Lowe's site is well below the grade of the church site, and that there would be no Sunday deliveries. Ruth Hell, of the League of Women Voters, addressed the Commission and stated that she too was concerned about the noise level, lighting and signage. Commissioner Putnam stated that the increased plantings in the west buffer and on the upper slope on the west would provide adequate sight and sound buffering. Commissioner Hall asked Bob Brown, Plans Review Specialist, to address the landscaping. Mr. Brown stated that the overall site exceeded the minimum landscaping and buffering requirements. Chairman Walker asked Mr. Brown if the landscaping should be based on looking at the site as one unified site or as three parcels. Mr. Brown stated that past policy was to treat each parcel separately unless the Planning Commission determined otherwise. Commissioner Oleson stated that taking each tract separately, it seems that there is a reduction in the required buffers as opposed to treating the site as one unified site. She also questioned the wisdom of rezoning a R-5 tract to C-3 which reduces the availability of multifamily zoned property. A lengthy discussion then followed concerning the treatment of the site as one unified site for purposes of establishing buffer/landscaping requirements since the parcel has not yet been subdivided. It was determined that until such time as the property is subdivided, the buffer/landscaping requirements should be based on treating the site as one unified site. Once the property is subdivided, the required buffer/landscaping dimensions will be determined by the new lot sizes. A motion was then made to approve the application. The vote was 8 ayes, 0 noes, 2 absent and 1 abstention (Oleson). The application was approved. 5 March 23, 1993 ITEM NO.: 10 FILE NO.: G-23-186 NAME: Martin Street Right -of -Way Abandonment LOCATION: Martin Street; south of Asher Avenue OWNER/APPLICANT: Various Owners/James Washington, representing Word of Outreach Christian Center, Applicant REQUEST: To abandon all that part of Martin Street right-of-way lying north of the north line of Lot 4, Shelby and Reynold's Subdivision and south of the south right-of-way line of Asher Avenue. STAFF REVIEW• 1. Public Need for this Right-of-Wav The initial response from other departments indicates no public need for this portion of right-of-way. There has been concern voiced that the abandoned right-of-way be retained as an access easement. 2. Master Street Plan Review of the Master Street Plan indicates no need for this portion of right-of-way. 3. Right -of -Way Issues/City Engineer Comments If this right-of-way is abandoned, West 26th Street will become a dead-end street, ending at the former Martin Street. It will be necessary for the applicant to construct a cul-de-sac or hammerhead on West 26th Street to allow traffic to properly enter and exit this block of West 26th Street. Reconstruct Martin Street at its intersection with Asher Avenue to driveway standards. One home on Martin Street will be left with no direct access to public right-of-way if this abandonment is approved. 4. Characteristics of Right -of -Way Terrain The right-of-way is currently paved, only a small portion has curb and gutter. The remainder has dirt shoulders. 4 P I March 23, 1993 SUBDIVISION ITEM NO.: 10 (Continued) FILE NO.: G-23-186 5. Development Potential Once abandoned, this right-of-way will be incorporated into the Word of Outreach Christian Center which is expanding south of Asher Avenue. The abandoned right-of-way will be used as driveway and parking. 6. Neighborhood Land Use and Effect Martin Street, south of Asher, is only one block long. Brown Street located one block east is a through street extending from Asher Avenue to Roosevelt Road. It appears that the majority of traffic in the immediate vicinity uses Brown Street. There is one home that uses this right-of-way. The applicant is proposing to maintain Martin Street as an access easement to serve this property. 7. Neighborhood Position No neighborhood position has been voiced as of this writing. 8. Effect on Public Services or Utility The utility companies have voiced support for the proposed abandonment subject to the area of the right-of-way being retained as a utility easement. The Little Rock Fire Department requires that the abandoned right-of-way be retained as an access easement. 9. Reversionary Rights All reversionary rights will extend to the adjacent property owners. 10. Public Welfare and Safety Issues The abandonment of this portion of Word of Outreach Christian Center south of Asher Avenue, providing a this neighborhood. STAFF RECOMMENDATION: right-of-way will allow to continue to expand stabilizing influence on Staff recommends approval of this application subject to the area of the abandoned right-of-way being retained as a utility and access easement, the applicant constructing a cul-de-sac or hammerhead at the end of West 26th Street where it terminates at 2 I 7 . March 23, 1993 ITEM NO.: 10 (Continued) FILE NO • G-23-186 the abandoned Martin Street right-of-way and Martin Street being reconstructed to driveway standards at its intersection with Asher Avenue. PLANNING COMMISSION ACTION: (MARCH 23, 1993) Joseph Irby was present representing Word of Outreach Christian Center. There were no objectors present. Dana Carney, of the Planning staff, informed the Commission that the applicant was unable to resolve all issues with one of the property owners, and needed to request a deferral. Chairman Walker asked Mr. Irby if he was requesting a deferral, and Mr. Irby responded that he was. As part of the Consent Agenda, this item was deferred to the April 20, 1993 Planning Commission meeting. The vote was 9 ayes, 0 noes and 2 absent. 3 March 23, 1993 ITEM NO.: 11 OTHER MATTERS REOOEST: To amend the Bylaws to allow smaller signs for sites larger than 10 acres. The proposed Bylaw amendment reads: (6) All properties involved in rezoning, conditional use permit or planned unit development applications shall be posted with a sign as follows: 1. Sites less than one acre in area - a sign 11" X 17"; 2. Sites one acre to 10 acres in area - a sign 22" X 34"; 3. Sites larger than 10 acres in area - a sign 21 X 41. PLANNING COMMISSION ACTION: (MARCH 23, 1993) The Commission approved the Bylaw Amendment by passing a resolution as part of the Consent Agenda. The vote was 9 ayes, 0 nays and 2 absent. I / 4 RESOLUTION NO. 106 A RESOLUTION OF THE LITTLE ROCK PLANNING COMMISSION PROVIDING FOR A MODIFICATION OF THE SIGN POSTING STANDARDS WITHIN BYLAW ARTICLE IV, SECTION A.4.B.(6) WHEREAS, the Planning Commission has set forth Bylaw Provisions requiring the erection of large notice signs; and, WHEREAS, the Staff of the Planning Commission has determined that there are budgetary constraints to providing the signs at four by four feet; and, WHEREAS, Staff feels that a sign with less surface area will suffice until such time as additional funds are available. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF LITTLE ROCK, ARKANSAS. n- SECTION 1. That Article IV, Section A.4.b.(6) be amended for purposes of changing the sign dimension standards for sites larger than 10 acres in area. provision (6) 3. to then read as follows: 3. Sites larger than 10 acres in area - a sign 2' x 41. That Staff be authorized to acquire signs two feet by four feet and of the same style and lettering; and, That Staff be directed to produce the rezoning logo at the largest possible scale. That staff monitor budget funding so as to permit a return to the 4' x 4' sign when constraints are lifted. SECTION 2. That the Bylaws be amended, reprinted and distributed to all interested persons at the earliest possible time. ADOPTED: March -Z3, 1 ATTEST:APPROVED: retary Chair n � r S 0 O U w W F- O Z 0 O V CDz Z 4Z :^5 CL a V, 0 Q al . .. 1-- Z W CO W Q Z • �.�,000000 ,oma ail! :�■ 0 Q al . .. 1-- Z W CO W Q Z • ail! :�■ 0 Q al . .. 1-- Z W CO W Q Z • t ,a March 23, 1993 There being no further business before the Commission, the meeting was adjourned at 3:30 p.m. Da V f e retary 0' ���,Chairman