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HomeMy WebLinkAboutpc_07 27 1993LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD JULY 27, 1993 12:30 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being seven in number. II. Approval of the Minutes of the Previous Meeting The minutes of the June 15, 1993 meeting were approved as mailed. III. Members Present: Members Absent: Brad Walker Ramsay Ball Jerilyn Nicholson Kathleen Oleson Bill Putnam Jim VonTungeln Ronald Woods Emmett Willis, Jr. the roll call) Diane Chachere John McDaniel Joe Selz City Attorney: Stephen Giles (arrived after LITTLE ROCK PLANNING COMMISSION REZONING HEARING AGENDA JULY 27, 1993 DEFERRED ITEMS A. Z-5685 #2 Southern Oaks R-2 to R-4 B. Z-5686 4807 Ballinger R-2 to R-5 C. Courtney Accessory Dwelling C.U.P. (Z-5695) REZONING ITEMS 1. Z -3361-A Hermitage Road 0-3 to C-3 2. Z -4363-A West Markham and McKinley C-4 to C-3 3. Z-5706 Wright Avenue and Doctor R-4 to C-3 Martin Luther King, Jr. Drive 4. Z-5707 Kanis Road R-2 to C-3 5. Z-5708 Adour Drive MF -6 to R-2 OTHER MATTERS 6. Z-5691 2000 Battery Street Special Use Permit 7. West Markham Street Right -of -Way Abandonment (G-23-190) 8. Allison Presbyterian Church C.U.P. (Z-5615) 9. 8424 Kanis Road Amended Short Form P.C.D. (Z -4776-B) July 27, 1993 ITEM NO.: A Z-5685 Owner: Ike Uketui Applicant: Ike Uketui Location: #2 Southern Oaks Court Request: Rezone from R-2 to R-4 Purpose: Duplex Size: 0.2 acres Existing Use: Duplex North - Single -Family, zoned R-2 South - Single -Family, zoned R-2 East - Single -Family, zoned R-2 West - Single -Family, zoned R-2 STAFF ANALYSIS This issue is before the Commission as a result of an enforcement action by the City. The owner at #2 Southern Oaks remodeled an existing single family residence into a duplex without first trying to rezone the lot and without obtaining the appropriate building permit. The property is part of a well-established neighborhood, which is located north of West 65th and between Geyer Springs and Lancaster Road. Zoning in the immediate vicinity is R-2, and the lot abuts R-2 property on all sides. Other zoning in the area is R-4, R-5, MF -6, 0-3, C-3, C-4, I-2 and OS. The R-4 and MF sites are found on Battle Road and the R-4 is occupied by a lodge and the MF -6 is undeveloped. There is some R-5 land on Lancaster, however, the property is occupied by single family residences. (The most recent zoning action in the area was a PRD for three units on Lancaster Road.) The majority of the nonresidential zoned properties are found along West 65th Street. Land use is similar to the existing zoning and includes single family, a church, and commercial. Several of the nonresidential parcels are either undeveloped or have vacant buildings. Even though the request is only for R-4, staff is concerned with the possible impacts on the neighborhood and cannot support the proposed reclassification. The proposal is a July 27, 1993 ITEM NO.: A Z-5685 (Cont.) spot zoning, which the City tries to discourage as much as possible, and could establish undesirable precedent for the neighborhood. The subdivision itself appears to be very stable, however, there are some nearby areas, Butler Road, that are experiencing some problems and a deterioration of the area's livability. Maintaining the existing zoning of R-2 should be viewed as one way to keep the neighborhood viable and to prevent certain unwanted situations from bleeding into the neighborhood. Rezoning, to increase density, in a single family neighborhood is very questionable and could lead to a reversal of the positive things happening in a given area. And finally, the adopted plan shows the lot as part of a single family area. LAND USE PLAN ELEMENT The request is in conflict with the plan. The 65th Street East Plan recommends single family for this location. while a single duplex might not be against the plan, until the staff and Commission develop a measure to address when the number of duplexes would change the character to low density multifamily, it is not advisable to approve even one duplex. Conditions have not changed in the area to warrant a plan amendment. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends denial of the R-4 rezoning. ING COMMISSION ACTION: (JUNE 15, 1993) Staff reported that the item needed to be deferred because the applicant was unable to notify the required property owners. As part of the Consent Agenda, the request was deferred to July 27, 1993. The vote was 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (JULY 27, 1993) Staff reported that the applicant submitted a request to withdraw the item. The issue was placed on the Consent Agenda and the Planning Commission voted to withdraw (without prejudice) the rezoning. The vote was 7 ayes, 0 nays and 4 absent. Fa July 27, 1993 ITEM NO.• B Z-5686 Owner: Ike IIketui Applicant: Ike IIketui Location: 4807 Ballinger Request: Rezone from R-2 to R-5 Purpose: Multifamily Size: 0.9 acres Existing Use: Single -Family North - Railroad tracks, zoned R-2 South - Single -Family, zoned R-2 East - Single -Family and Multifamily, zoned R-2 and R-5 West - Single -Family, zoned R-3 STAFF ANALYSIS 4807 Ballinger Road is occupied by a single family residence and the owner would like to convert the building to four or five units. To allow the increase in the number of dwelling units, the property must first be rezoned to R-5. The existing residence sits on the front 1/4 of the lot and the rear 3/4 is undeveloped. The site has 125 feet of frontage on Ballinger and a depth of 410 feet. Zoning is R-2, R-3, R-5 and I-2, with the property in question abutting R-2, R-3 and R-5. There are several tracts to the east that are zoned R-5 and two of them appear to be undeveloped. The I-2 is found to the northeast, east and southeast, the industrial area that is along Patterson Road. Land use is made up of single family, commercial and industrial. There are no conventional multifamily developments in the immediate vicinity. The abutting R-5 is developed with several detached single family structures. The proposed R-5 rezoning is in conflict with the adopted 65th Street East Plan, and staff does not support the request. The plan does not recognize the existing R-5 on Hoffman and the nearest multifamily area shown on the plan is approximately 1/4 mile to south. It is our position that July 27, 1993 ITEM NO • B Z-5686 (Cont.) the recommended land use pattern should be maintained by not approving the proposed R-5 reclassification. Endorsing the R-5 could create additional problems for the area, which has already been impacted by some of the multifamily sites found along Butler Road. Another concern is that R-5 rezoning could allow between 20 to 25 units based on the lot size and the land area per family requirement in the R-5 district. A large number of units on the property could create an undesirable living environment, and impact the livability of the entire neighborhood. LAND USE PLAN ELEMENT The request is in conflict with the plan. The 65th Street East Plan recommends single family for this location. Conditions have not changed in the area to warrant a plan amendment. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends denial of the R-5 rezoning request. PLANNING COMMISSION ACTION: (JUNE 15, 1993) Staff informed the Commission that the item needed to be deferred because the applicant did not notify the property owners. As part of the Consent Agenda, the issue was deferred to the July 27, 1993 hearing. The vote was 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (JULY 27, 1993) Staff informed the Commission that the applicant had requested a deferral to October 19, 1993 hearing. As part of the Consent Agenda, the Commission voted to defer the issue to October 19, 1993. The vote was 7 ayes, 0 nays and 4 absent. 2 July 27, 1993 E40V NO. : C FILE NO.: LOCATION: Courtney Accessory Dwelling - Conditional Use Permit 9001 Mabelvale Cut -Off OWNER/APPLICANT: Fonda Courtney PROPOSAL: A conditional use permit is requested to allow for the placement of a 16 foot by 76 foot manufactured home on this R-2 zoned property to be used as an accessory dwelling. ORDINANCE DESIGN STANDARDS: 1. Site Location The site is a .75 acre tract located at the southwest corner of the intersection of Mabelvale Cut -Off and Shiloh Drive. 2. Compatibility with Neighborhood The adjacent neighborhood is exclusively single family in nature. There are several single family homes on large tracts of land and a large subdivision of single family homes on typical residential lots nearby. Morehart Park is located across Mabelvale Cut -Off, to'the northwest. After reviewing the applicant's proposal, staff feels that allowing a 1,216 square foot structure to be used as an accessory dwelling on this lot, would in effect, be allowing two principal dwellings on a single lot and is not compatible with the neighborhood. 3. On -Site Drives and Parking The property is currently served by two driveways, one off of Mabelvale Cut -Off serving the principal structure and one off of Shiloh Drive which accesses the rear of the property. 4. Screening and Buffers None required July 27, 1993 ITEM NO.: C (Cont.) FILE NO • Z-5695 5. City Engineer Comments Dedicate right-of-way and contribute in lieu for Mabelvale Cut -Off improvements. After further review and consultation with the City Attorney's Office, it was determined that it is inappropriate to ask for either right-of-way dedication or in lieu contributions in this case. 6. Utility Comments Little Rock Wastewater Utility states a sewer main extension is required with easements. Little Rock Water Works states a separate water meter is required for water service to the accessory dwelling, unless approval of an exception is obtained by the Arkansas Department of Health. 7. Analysis The applicant proposes to place a 16 foot by 76 foot manufactured home on the rear of her property to be used as an accessory dwelling which will be occupied by her daughter. The principal dwelling, currently on the site, is approximately 1,223 square feet in size. The proposed accessory dwelling will be 1,216 square feet in size. The ordinance defines an "accessory dwelling" as a self-contained living unit in a detached structure, subordinate in both land coverage and gross floor area to the principal dwelling on the lot. The proposed accessory dwelling does not conform to this definition and staff does not support the application. 8. Staff Recommendation Staff recommends denial of the application to use a 16 foot by 76 foot manufactured home as an accessory dwelling in that the proposed structure is not subordinate in either land coverage or gross floor area to the principal dwelling on the lot. SUBDIVISION COMMITTEE COMMENT: (JUNE 24, 1993) The applicant, Fonda Courtney, was present. Staff presented the item and explained their opposition to the proposal based on the size of the proposed accessory dwelling in relationship to the size of the existing principal dwelling. Ms. Courtney explained that her daughter currently owned the manufactured home in question and was living outside of the City of Little Rock. Fa July 27, 1993 ITEM NO.: C (Cont.) FILE NO.: Z-5695 Ms. Courtney went on to explain that there are several small structures on the back portion of her property which were previously used in her husband's construction business. She explained that these structures would be removed and that the manufactured home would be placed in basically the same location that the structures currently occupy. A committee member asked if Ms. Courtney had received any feedback from adjacent neighbors concerning the proposed accessory dwelling. She responded that she had spoken with her neighbors and that they were not in opposition to the proposal. After a brief discussion, the Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (JULY 13, 1993) The applicant was not present. There were no objectors present. Dana Carney, of the Planning staff, informed the Commission that Ms. Courtney did not receive the required list of property owners from the abstract company in time to mail the 15 day notices and she has written, requesting that this item be deferred to the July 27, 1993 Commission meeting. As part of the Consent Agenda, this item was deferred to the July 27, 1993 Commission meeting. The vote was 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (JULY 27, 1993) The applicant, Fonda Courtney, was present. There were no objectors in attendance. Ms. Courtney said that she has an acre of land, and the request was to allow her daughter to place a mobile home in the rear of the lot. Ms. Courtney told the Commission that the unit would not be very noticeable because of the location and plantings around the yard. She went on to describe the area for the mobile home and said one accessory structure had been removed and other ones would be relocated. Ms. Courtney said that the mobile home would need to be on the property for an indefinite period of time. There was some discussion about other options for allowing the mobile home, the depth of the lot and possibly restricting the use of the unit to family members. Fonda Courtney spoke again and said she did not object to placing some restrictions on the unit. 3 July 27, 1993 ITEM NO.: C (Cont.) FILE NO.: Z-5695 Stephen Giles, Deputy City Attorney, made some comments about deed restrictions and filing the conditional use permit with the deed records. Discussion then continued on various issues, including restricting the use. A motion was made to grant the conditional use permit with the condition that the use of the accessory dwelling be limited to family members and the restriction be filed for record (as part of the deed). The motion passed by a vote of 7 ayes, 1 nay and 3 absent. (There was some discussion after the vote about the size limitation for accessory dwellings, and including something in the 1994 amendment package.) 4 July 27, 1993 ITEM NO • 1 Z -3361-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: North - Office, zoned C-3 South - Office, zoned 0-3 East - Bank, zoned 0-3 West - Office, zoned 0-3 STAFF ANALYSIS First Exchange Corporation James E. Hathaway, Jr. 10,800 Block of Hermitage Road Rezone from 0-3 to C-3 Eating Place 2.85 acres Vacant The property on Hermitage Road is currently zoned 0-3, and the request is to rezone the site to C-3 for an eating place. The acreage is located approximately 245 feet west Shackleford Road and directly south of Financial Center I and II, two mid -rise office buildings. The land is wooded and has 380 feet of frontage on Hermitage. Zoning in the immediate vicinity is either 0-3 or C-3, with 0-3 abutting the site on three sides. Across Hermitage, the zoning is C-3. Other zoning in the area is R-2, 0-2, and PCD. Land use closely follows the existing zoning and includes single family, office, bank facilities, commercial and two motels. Another significant use found in the area is the I-430/1-630 interchange. Throughout the general area, there are a number of undeveloped tracts, zoned either 0-3 or C-3. There is some zoning history on the site, which dates back to 1979. At that time, the property was two separate parcels. The area identified by Z-3361 was zoned E-1 (0-3) Office in 1979. In the same year, an attempt was made to rezone the adjoining lot (Z-3368) to F (C-3) commercial. The staff did not support the proposed commercial reclassification and the request was denied by both the Planning Commission and the Board of Directors. The Board did eventually rezone the site to E-1 (0-3) office. July 27, 1993 ITEM NO.: 1 Z -3361-A (Cont.) Planning efforts for the area have always used Hermitage Road as a land use line between office and commercial, primarily because of the existing zoning pattern. The current plan is no exception and the I-430 land use plan shows the property in question for office use. Because of some existing C-3, the plan does recognize the northwest corner of Kanis and Shackleford for commercial use. Staff's position is that the proposed commercial reclassification , appears to be out of context with the development scheme for the area, and staff does not support the request. The immediate vicinity is developing as a major office quarter, and a C-3 appears to be contrary to the established pattern. Granted the land directly across Hermitage is zoned C-3, however, the site is developed with two substantial office buildings. The land use plan's concept, which has been adhered to for a number of years, needs to be maintained and a commercial reclassification of the site should not be endorsed through the requested rezoning action. LAND USE PLAN ELEMENT The request is in the I-430 District. The adopted plan calls for office use. While accessory commercial uses may be appropriate in office areas, this is much more than an accessory use. Staff does not believe it is appropriate to change the plan to commercial. (It may be time to review the area south of Markham to Colonial Glen and west of I-430 for a mile or so.) ENGINEERING COMMENTS Hermitage Road is classified as a collector and the right-of-way standard is 30 feet from the centerline. If the existing right-of-way is deficient, dedication of additional right-of-way will be required. STAFF RECOMMENDATION Staff recommends denial of the C-3 rezoning. PLANNING COMMISSION ACTION: (JULY 27, 1993) The application was represented by Jeff Hathaway. There were several interested individuals in attendance. Mr. Hathaway spoke and gave a detailed description of the PA July 27, 1993 ITEM NO.: 1 Z -3361-A (Cont.) location and the surrounding area. Mr. Hathaway told the Commission that there was a specific user, Kirby's, and the request was not a speculative rezoning. Mr. Hathaway said that Kirby's should be referred to as a "grill and bakery," and not just an eating place. He went on to discuss Kirby's and reviewed a handout that he distributed to the Planning Commission. Mr. Hathaway then reviewed the site plan and said there would be ample parking for the 75,000 square foot building. Mr. Hathaway said that there would only be one user for the 2.8 acres and the site would be heavily landscaped. Mr. Hathaway then went on to discuss the land use issue, and distributed copies of the land use plan for the general vicinity. He reviewed the plan and said that it showed office and commercial uses. Mr. Hathaway then stated that Hermitage Road was not a definite land use boundary on the plan because commercial areas were identified on both sides of Hermitage. He also said that the office and commercial uses were co -existing. Mr. Hathaway told the Commission that he was unaware of any opposition and presented two letters in support of the request. Mr. Hathaway concluded by saying that Kirby's would be a welcomed amenity for the area, and it was a quality operation. Ruth Bell, League of women Voters, addressed the Commission and said that the League supports maintaining the adopted land use plan. Ms. Bell discussed the existing land use and said the proposed use was a major commercial development. She then reminded the Commission that there was no overlay district for Hermitage Road and the potential for stripping out the area existed. Randy Jordan, property owner to the west, said that he was neutral on the rezoning request. Mr. Jordan said that Hermitage was classified as a collector and the intersection with Shackleford could be a potential problem. He said that there would be an increase in traffic, and then discussed a creek that flows through the site. Mr. Jordan also said that he thought the property has some visibility problems and asked about signage. Kenny Scott, Zoning and Sign Enforcement, responded to the concerns over signs and reviewed the ordinance standards. There was some discussion about various issues. Jeff Hathaway responded to some questions from several commissioners. Gene Ludwig, a property owner in the area, indicated support for the site plan, but expressed some concerns with the C-3 rezoning. 3 July 27, 1993 ITEM NO.: 1 Z-336 -A (Cont.) Ren Davis, representing the Birchwood neighborhood, said that the residents were neutral on the rezoning. Mr. Davis made some comments about the C-3 district, and said the use was not offensive. Randy Jordan spoke again and said he would be more supportive of restricting the use. Comments were then offered about converting the request to a PCD. At this point, a short recess was taken. Jeff Hathaway then agreed to submitting the proposal as a PCD. He also asked the Commission if the item could be placed on the August 10, 1993 agenda. There was some discussion about utilizing the PCD process for the project and accommodating Mr. Hathaway's time request. Ron Newman, Planning Manager, told the Commission that the item could placed on the August 10th agenda. A motion was made to defer the item to the August 10, 1993 meeting and to amend the request to a PCD. The motion was approved by a vote of 8 ayes, 0 nays and 3 absent. 4 July 27, 1993 ITEM NO.: 2 Z -4363-A Owner: Marathon U.S. Realties Applicant: Ronnie Hall Location: West Markham and McKinley Streets (northeast corner) Request: Rezone from C-4 to C-3 Purpose: Branch Bank Size: 0.72 acres Existing Use: Vacant North - Parking, zoned C-3 South - Commercial, zoned C-3 East - Parking, zoned C-3 West - Single -Family, zoned R-2 STAFF ANALYSIS The site at the northeast corner of West Markham and McKinley is currently zoned C-4, and the request is to rezone the property to'C-3 for a branch bank. C-4 allows bank facilities, however, the setbacks are much greater than C-3 and the C-3 setbacks are better suited for proposed development. The corner was reclassified to C-4 in 1980 when Exxon rezoned a total of 16 sites through the conversion adjustment provision of the new zoning ordinance. Exxon operated a full-scale service station on the property for a number of years, but they abandoned the site several years ago. Zoning is R-2, 0-3 and C-3, with a property in question abutting C-3 on two sides. McKinley is the line between the residential zoning to the west and the nonresidential zoning east of McKinley. Land use in the general vicinity includes single family, multifamily, a daycare center, a funeral home, office, commercial and two malls, University and Park Plaza. There is a well-established single family neighborhood directly west of McKinley, which has not been impacted by the commercial zoning found east of McKinley. Reclassifying the site to C-3 is a reasonable option for the location and staff supports the request. C-3 is the appropriate commercial district for the area and is more July 27, 1993 ITEM NO.: 2 Z -4363-A (Cont.) compatible with the existing development pattern. The rezoning will not create any problems for the surrounding properties. LAND USE PLAN ELEMENT The request is in the West Little Rock District. The adopted plan calls for commercial - no issue. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning as requested. PLANNING COMMISSION ACTION: (JULY 27, 1993) The applicant was present. There were no objectors and the item was placed on the Consent Agenda. The Commission voted to recommend approval of the C-3 rezoning. The vote was 7 ayes, 0 nays and 4 absent. 2 July 27, 1993 ITEM NO.: 3 Z-5706 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Abraham Carpenter Abraham Carpenter Wright Avenue and Dr. Martin Luther King, Jr. Drive Rezone from R-4 to C-3 Commercial 0.46 acres Vacant and Single -Family North - Single -Family, zoned R-3 South - Single -Family and Commercial, zoned R-6 and C-3 East - Single -Family and Commercial, zoned R-3 and C-3 West - Vacant and Single -Family, zoned R-3 and 0-1 STAFF ANALYSIS The request before the Commission involves three lots; one on Wright Avenue and two on Dr. Martin Luther King, Jr. Drive., and the proposal is to rezone all three lots to C-3 for future use. The owner of the lots under consideration also owns the C-3 property right at the corner of the two streets and his plans are to expand the existing development on the C-3 lots, which is a single building and parking. Two of the lots are occupied by single family residences and the third lot, directly north of the C-3, has a drainage ditch bisecting it. The existing zoning is very mixed and is R-3, R-4, R-5, R-6, 0-1, 0-3 and C-3. At the intersection, three of the corners are zoned C-3 and the remaining corner, the southeast, is zoned R-6. The three lots in question abut 0-3 and 0-1 lots. The most recent zoning effort was initiated by a neighborhood association and involved a number of lots that were reclassified from R-4 to R-3. Land use is very similar to the zoning and includes single family, multifamily, churches, a funeral home, commercial, a car wash, and Arkansas Baptist College. There are a number of vacant lots and several abandoned buildings found throughout the neighborhood. In older neighborhoods, encouraging redevelopment and private reinvestment must be viewed as a high priority, and staff feels that the proposed reclassification is one method July 27, 1993 ITEM NO.: 3 Z-5706 (Cont.) of achieving this goal. The owner has already made a substantial commitment to the neighborhood through the existing commercial investment; his long range plans and continued involvement should be aided by the city through the endorsement of this zoning request. It is the staff's assessment that expanding the commercial node at the intersection will not have adverse impact on the surrounding properties, and could have a positive effect by helping to stabilize the immediate area. One possible drawback to this request is the loss of housing units, if the owner's plans are carried through. Staff is of an opinion that this is a minor issue because the city has several programs which provide funds for developing or rebuilding residences. Other than private investment, there are very few sources available to assist an individual with commercial redevelopment in a central core neighborhood. Because of this factor, the possibility of new commercial development needs to outweigh the removal of two residential units. LAND USE PLAN ELEMENT The request is in the Central Little Rock District. The adopted plan calls for commercial at the intersection with mixed use to the west and single family to the north. The request can be viewed as an expansion of the node and in conformance. (The Commission may wish to consider whether it would be appropriate to draw a line with this case along Martin Luther King Drive to prevent commercial stripping of that street.) ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the requested C-3 rezoning for all three lots. PLANNING COMMISSION ACTION: The applicant was present. attendance. As part of the voted to recommend approval requested. The vote was 7 (JULY 27, 1993) There were no objectors in Consent Agenda, the Commission of the C-3 rezoning as ayes, 0 nays and 4 absent. 2 July 27, 1993 ITEM NO • 4 Z-5707 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Charles Oil Company, Inc. Joe D. White Kanis Road (East of Bowman) Rezone from R-2 to C-3 Commercial 0.44 acres Vacant North - Vacant, zoned R-2 South - Commercial, zoned C-3 East - Vacant and Single -Family, zoned C-3 West - Commercial, zoned R-2 STAFF ANALYSIS The property in question is situated approximately 100 feet east of Bowman Road and the request is to rezone the site from R-2 to C-3. At this time, no information has been provided to the staff about a specific use or user for the location. The site is vacant, however, it appears that it was occupied by some type of self-service gas station. The tract has 133 feet of frontage on Bowman and a depth of 145 feet. Zoning in the area includes R-2, MF -12, MF -18, 0-3, C-3 and PCD. The property abuts C-3 along the east side and there is some C-3 land to the south. Land use is made up of single family residences, office, commercial, a plumbing contractor, a plant nursery and mini -storage units. The land uses at the Bowman/Kanis intersection are a liquor store, the plant nursery, an unoccupied building and vacant land. There are several nonconforming uses and undeveloped tracts found throughout the area. The C-3 parcel to the west is primarily vacant at this time. The adopted land use plan for the area identifies the south side of Kanis, including the site under consideration, as neighborhood commercial. Therefore, either C-1 or C-3 would be the appropriate district for recommended land use pattern. Since Kanis is classified as a minor arterial and the city has supported C-3 in the immediate vicinity, a July 27, 1993 ITEM NO.: 4 Z-5707 (Cont.) reclassification to C-3 appears to be a reasonable option for the site. There are no plan or zoning issues associated with this rezoning proposal. The request is in the I-430 District. The adopted plan calls for neighborhood commercial - no issue. ENGINEERING COMMENTS The right-of-way standard for Kanis Road, a minor arterial, is 90 feet or 45 feet from the centerline. The existing right-of-way is deficient and dedication of additional right-of-way will be required. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning as requested. PLANNING COMMISSION ACTION: (JULY 27, 1993) The applicant was present. There were no objectors and the item was placed on the Consent Agenda. The Commission recommended approval of a C-3 request by a vote of 7 ayes, 0 nays and 4 absent. 2 July 27, 1993 Py 4 Z4707 • I: Owner: J. W. Shackleford Applicant: Joe D. White Location: Adour Drive (St. Charles Addition) Request: Rezone from NF -6 to R-2 Purpose: Single -Family Size: 18.22 acres Existing Use: Vacant -III "•11�tow �D K-IRJ A uA, North - Vacant, zoned R-2 South - Vacant, zoned MF -6 East - Vacant and Single -Family, zoned R-2 West - Vacant, zoned MF -6 STAFF ANALYSIS The site under consideration is currently zoned MF -6, and the request is to rezone the property to R-2. The land is located north of the Chenal Parkway and directly west of the St. Charles development. If the rezoning is granted, the proposal is to plat the acreage into 59 lots as a continuation of the St. Charles Addition. Several years ago, the Shackleford Dairy Farm area was involved in a major rezoning and this property was part of that effort. (The preliminary plat is scheduled to be reviewed at the July 13, 1993 Planning Commission meeting.) zoning in the general vicinity is R-2, MF -6, MF -18, 0-3, C-2, PCD and OS. At this time, the existing land use is single family, a church and a home center. A high percentage of the land is undeveloped, including the MF -18, 0-3 and C-2 sites. Rezoning the 18 acres to R-2 will reinforce the primary residential pattern, conventional single family lots, found in the area and staff supports the reclassification. There are no outstanding zoning issues associated with this request. July 27, 1993 ITEM NO.: 5 Z-5708 (Cont.) The request is in the Chenal District. The adopted plan calls for single family - no issue. The Commission may wish to discuss the implications of the loss over a square mile of multifamily zoning and/or land use this calendar year in west Little Rock. These changes may have impacted the overall density of development and the ability to support proposed commercial developments. However, it should be noted that in this case, the density does not change significantly and the request is in conformance with the plan. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the R-2 rezoning request. PLANNING COMMISSION ACTION: (JULY 27, 1993) The applicant was present. There were no objectors. As part of the Consent Agenda, the Commission voted to recommend approval of the R-2 rezoning. The vote was 7 ayes, 0 nays and 4 absent. 2 July 27, 1993 ITEM NO.• 6 Z-5691 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Joseph and Dorletha Lawrence Dorletha Lawrence 2000 Battery Street Special Use Permit Day Care Family Home 0.34 acres Single -Family and Day Care North - Single -Family, zoned R-4 South - Single -Family, zoned R-4 East - Single -Family, zoned R-4 West - Single -Family, zoned R-4 STAFF ANALYSIS This request for a special use permit is before the Planning Commission as a result of an enforcement action by the city. The owners at 2000 Battery are operating a day care family home, and were given a violation notice because of not having the necessary permit for keeping six to ten children. The definition of a day care family home is: Any facility which provides care in a family setting within a caregiver's family residence in accordance with provisions of licensing procedures established by the State of Arkansas. This use is intended to fulfill that level of childcare between unregulated baby-sitting and day care center. (The planning commission has final authority over a special use permit unless the commission's action is appealed to the Board of Directors.) 2000 Battery is located in a predominantly single family neighborhood, zoned R-4. Other zoning found in the area is R-3, R-6, 0-3 and C-3. The C-3 is situated along a segment of Wright Avenue, which is two blocks to the north. The land use pattern tends to conform to the existing zoning and there is very little undeveloped property in the immediate neighborhood. July 27, 1993 ITEM NO.: 6 Z-5691 (Cont.) The development criteria for a day care family home are as follows: a. This use may be located only in a single family home, occupied by the caregiver. b. Must be operated within licensing procedures established by the State of Arkansas. C. The use is limited to ten children, including the caregivers. d. A minimal to qualify for a special use permit is six children from households other than the caregivers. e. This use obtain a special use permit in all districts where day cares are not allowed byright. It appears that the owners are meeting all the established criteria and have applied for the special use permit. Also, both the residence and lot are fairly large, so there should not be any issue with inadequate space or play area for six to ten children. The use is appropriate for the location and a day care family home should not create any problems for the neighborhood. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the special use permit for 2000 Battery to allow a day care family home for six to ten children. PLANNING COMMISSION ACTION: (JULY 27, 1993) The applicant was present. There were no objectors and the item was placed on the Consent Agenda. The Commission voted to grant the special use permit for the day care family home. The vote was 7 ayes, 0 nays and 4 absent. 2 July 27, 1993 ITEM NO 7 FILE NO • G-23-190 Names West Markham Street - Right -of -Way Abandonment Location• 153 feet of West Markham Street abutting Lot 1, Block 5, Union Depot Addition and part of Block 4, Worthen's Subdivision Owner/Applicant• Roger Mears Reauest• To abandon the 153 foot by 12.6± foot portion of West Markham Street right-of-way abutting Lot 1, Block 5, Union Depot Addition and part of Block 4, Worthen's Subdivision (1/2 Block East of Battery Street,) . STAFF REVIEW: 1. Public Need for this Right -of -Way There is no public need for this right-of-way. 2. Master Street Plan The Master Street Plan reflects no need for this right-of-way. 3. Need for Right -of -Way on Adiacent Streets There is no need for right-of-way on adjacent streets. 4. characteristics of Right -of -Way Terrain This portion of West Markham Street is undeveloped and heavily overgrown. There are vestiges of an asphalt strip sloping down to the railroad. For all intents and purposes, the right-of-way is physically closed. 5. Development Potential Once abandoned, the right-of-way will be joined to the vacant I-3 zoned tract, adjacent to the south. There are no*immediate development plans. ul July 27, 1993 rZ ITEM NO.: 7 (Continued) FILE NO.: G-23-190 Kill NZTn.m .11 This portion of right-of-way is undeveloped and surrounded A by vacant land, zoned MF -24 and I-3. It is being used as a trail by individuals illegally dumping trash and brush. Abandoning the right-of-way will allow the applicant to barricade this access which will eliminate the illegal dumping. There will be no negative effect on the neighborhood. 7. Neighborhood Position The only notification required, in this case, was to the neighborhood contact person. He has voiced support for the proposed abandonment. 8. Effect on Public Services or Utilities All utility companies have approved the proposed abandonment, subject to the area of the abandoned right-of-way being retained as a utility easement. 9. Reversionary Rights All reversionary rights will extend to Roger Mears, owner of Lot 1, Block 5, Union Depot Addition. 10. Public Welfare and Safety Issues Abandonment of this unopened and unused segment of right-of-way will return to the private sector, a land area that will be productive for the real estate tax base and will allow the applicant to barricade the access to an area being used for illegal dumping. STAFF RECOMMENDATION: Staff recommends approval of this application, subject to the area of the abandoned right-of-way being retained as a utility easement. PLANNING COMMISSION ACTION: (JULY 27, 1993) The applicant was present. There were no objectors. As part of the Consent Agenda, the Commission voted to recommend approval of the right-of-way abandonment. The vote was 7 ayes, 0 nays and 4 absent. 2 July 27, 1993 ITEM NO.: 8 (Continued) OTHER MATTER STAFF RECOMMENDATION: Staff recommends that the church be given until May 5, 1995 to construct the parking lot and associated site work, including sidewalks and landscaping. PLANNING COMMISSION ACTION: (JULY 27, 1993) The applicant was present. The issue was placed on the Consent Agenda and the Commission voted to defer the completion of the parking lot improvements until May 15, 1995. The vote was 7 ayes, 0 nays and 4 absent. E July 27, 1993 ITEM NO.: 9 FILE NO • Z -4776-B NAME: 8424 KANIS ROAD -- AMENDED SHORT -FORM P.C.D. LOCATION: 84324 KANIS ROAD DEVELOPER: ARCHITECT: ALLTEL MOBILE c/o Randal B. Frazier Attorney at Law Ivester, Skinner & Camp, P.A. 111 Center Street, Suite 1200 Little Rock, AR 72201-4442 376-7788 AREA: .3 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: PCD PROPOSED USES: Mobile telephone transmitter and antenna facility PLANNING DISTRICT: 10 CENSUS TRACT: 24.03 VARIANCES RE UESTED: None STATEMENT OF PROPOSAL: The applicant had proposed to amend the present PCD in order to replace the existing open web triangular base antenna tower which is 7 feet on each side, with another similar tower which would be 12 feet on each side. The height of the existing, as well as the proposed tower is 120 feet, as approved for the present PCD. After filing the application, however, Alltel decided to replace the existing tower with a less intrusive tower, a 100 foot tall "monopole" tower, which does not require the PCD to be amended. A letter was subsequently submitted requesting the item be deleted from the agenda. PLANNING COMMISSION ACTION: JJULY 27, 1993) As part of the Consent Agenda, the item was withdrawn as requested. The Planning Commission's vote was 7 ayes, 0 nays and 4 absent. O O U W W 0 Z o� C/)a �2 �W VI ou U CD Z Z Z g CL a dv z ZZF- U) m Q F - z W U) m W Q z *I � t o ov9 o� a dv z ZZF- U) m Q F - z W U) m W Q z *I July 27, 1993 There being no further business before the Commission, the meeting was adjourned at 2:15 p.m. Date e eta ai n