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pc_10 24 1996n I. II. LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD OCTOBER 24, 1996 3:30 P.M. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. Approval of the Minutes of the Previous Meeting The Commission approved the minutes of the September 12, 1996 Planning Commission meeting by a unanimous vote. Members Present: Members Absent: City Attorney: Craig Berry Herb Hawn Bill Putnam Doyle Daniel Suzanne McCarthy Mizan Rahman Ron Woods Hugh Earnest Sissi Brandon Pam Adcock Larry Lichty None Cindy Dawson LITTLE ROCK PLANNING COMMISSION REZONING AGENDA OCTOBER 24, 1996 3:30 P.M. I. DEFERRED ITEMS A. Z-5987-A 10420 Helm Drive B. Our House Conditional Use Permit II. REZONING ITEMS 1. Z-6202 2. Z-4346-A 3. Z-6201 4. Z-6203 5. Z-6204 200 Block of Atkins Road 9712 I-30 11200 Blk. of Stagecoach Rd. NW corner of Baseline and Stanton Roads 9101 Lew Drive R-2 to C-4 (Z-5239-C) 0-3 to C-2 and OS I-2 to C-4 R-2 to MF-18 R-2 to C-4 R-2 to C-3 to 0 m r X 0 Z O N W October 24, 1996 ITEM NO.: A Z-5987-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Janis Morehart Morrow Janis Morehart Morrow 10420 Helm Drive Rezone from R-2 to C-4 Unspecified commercial use .23 acres Vacant building (formerly used as service station) SURROUNDING LAND USE AND ZONING North - vacant land; zoned C-4 South - Railroad right-of-way; zoned R-2 East - Construction company; zoned I-2 West - Residential; zoned R-2 PUBLIC WORKS COMMENTS Master Street Plan right-of-way including radial dedication at intersection. With construction a contribution to the widening of the adjacent streets is required by the Boundary Street Ordinance. Items 1 to 5 from previous agenda on May 30, 1995 apply to this re -application. 1. Both Helm and Mabelvale are substandard streets and will require widening to 1/2 of 36 foot commercial street section with sidewalk. 2. Stormwater detention analysis will be required if impervious area is increased by 500 square feet. 3. Provide status of underground storage tanks before construction permit. 4. A grading permit for special flood hazard and a development permit are required. 5. Contact ADPC&E for approval prior to starting work. October 24, 1996 ITEM NO.: A Z-5987-A (Cont PUBLIC TRANSPORTATION ELEMENT This property is located one block east of a CATA bus route which travels Mabelvale West Road and Mabelvale Main. LAND USE ELEMENT The site is located in the Geyer Springs West District. The adopted Land Use Plan recommends Mixed Office Commercial. The request is in conflict with the Plan. "C-4" is too intense for this classification. (If the zoning is not office, the Plan recommends mixed and/or Planned Development Process). STAFF ANALYSIS The request before the Commission is to rezone this .23± acre tract from "R-2" Single Family to "C-4" Open Display District. The site is occupied by a vacant building which once housed a service station. The applicant did not indicate a specific, proposed use for the site. The property has a history of commercial use which predates annexation. when the property was annexed, it was zoned R-2 and any nonresidential use occupying the site was rendered nonconforming. The C-4 nonconforming status was lost when the last legal permitted occupancy by an auto repair business closed in 1992. In 1995, in response to enforcement action by the City, the applicant attempted to have the property zoned C-4. The Planning Commission voted to approve the C-4 request on May 30, 1995. Staff had recommended denial. On July 18, 1995, the Board of Directors denied the C-4 request. The applicant then appealed that denial to the courts she was unsuccessful in having the Board's action reversed and has exhausted her legal remedies. The applicant has now filed an identical C- 4 rezoning application. Staff's opinion has not changed since this issue was first reviewed in 1995. The Geyer Springs West District Land Use Plan recommends Mixed Office Commercial for the site. A C-4 request is too intense for the MOC classification and is in conflict with the Plan. The MOC classification recommends a mixture of office and commercial uses through the Planned Development Process. The C-4 district is more appropriately located along heavily traveled major traffic arterials. Helm Drive is not an arterial, nor is it heavily traveled since the newly realigned Mabelvale Pike/Mabelvale west arterial was constructed one block to the north. The property is located in the block bounded by Helm Drive on the south and east, Mabelvale Main on the west and Mabelvale Pike on the north. Most of the properties within this block are still residential, either occupied by a residence or 2 October 24, 1996 ITEM NO • A Z-5987-A (Cont.) vacant R-2 zoned lots. The C-4 zoned lot adjacent to the north is vacant. A small, R-2 zoned, nonconforming grocery store is located at the northeast corner of Helm Drive and Mabelvale Main. The C-4 request is incompatible with the surrounding land uses and is in conflict with the Land Use Plan. As such, staff cannot support the C-4 reclassification. STAFF RECOMMENDATION Staff recommends denial of the requested C-4 reclassification. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) Janis Morrow and Herb Wright were present representing the application. There was one objector present. Staff presented the item and a recommendation of denial. Mr. Wright addressed the Commission and gave a brief history of the site. He discussed the previous occupancy of the site by several auto related uses and spoke of the past attempt to have the property rezoned. Mr. Wright stated that his client was advised in 1993 that the property was zoned C-4 and had spent money improving the site before being advised that the property was actually zoned R-2. He described other nonresidential uses in the area and asked the Commission to approve the request. Kay Nutt, of 10400 Helm Drive, addressed the Commission in opposition to the rezoning. She stated that the previous use of the property as an auto sales lot was "junky and noisy". Commissioner Adcock asked why the agenda indicated the purpose of the rezoning as "unspecified commercial use". Dana Carney, of the Planning Staff, responded that the application did not identify any specific proposed use for the site. Commissioner Adcock asked if the C-4 request, as filed, would allow any use permitted in the C-4 district. Mr. Carney responded that it would. Jim Lawson, Director of Planning and Development, commented that an enclosed retail or office use might be appropriate for the site but that outside uses permitted by C-4 zoning were not. In response to a question from the Commission, Mr. Lawson stated that the Codes Enforcement staff had misinterpreted the zoning map and had incorrectly identified this site as being zoned C-4. 3 October 24, 1996 ITEM NO.: A Z-5987-A (Cont.) Mr. Wright stated that the proposed use of the site was an auto repair garage with occasional car sales. He stated that the building on the site had a garage bay and a vehicle lift. Janis Morrow stated that she was trying to obtain the C-4 zoning to accommodate the present tenant of the building. Commissioner Putnam asked if the tenant could operate the business within the building. Ms. Morrow responded that the tenant needed outside display area for auto sales. After a discussion of various options for the site, Commissioner Putnam asked if the applicant could accept C-3 zoning. Ms. Morrow responded that she could. Commissioner Rahman asked how many parking spaces were on the site. The applicant responded that parking spaces as such are not designated on the property but that there was space for approximately 12 cars. Commissioner Adcock asked how any commercial zoning for the site fit within the Land Use Plan. Mr. Lawson responded that the Plan showed Mixed Office and Commercial for the site and that staff could support a Planned Development which permitted C-1 uses. Kay Nutt stated that she had to live with whatever commercial use goes on the property whereas the people working in the business would leave to go home each day. Commissioner Hawn told Ms. Nutt that the Commission was looking at a zoning that prohibited outside display. Ms. Nutt stated that she would prefer use of the property to be limited to office. Mr. Carney commented that C-1 zoning did not permit auto related uses. Commissioner Putnam asked if there was not the potential for a lawsuit since the City had erroneously informed the applicant that the property was zoned C-4. Mr. Lawson stated that he would rather face the prospect of a lawsuit than rezone the property in violation of the Land Use Plan. Cindy Dawson, of the City Attorney's Office, commented that a Planned Development permitting C-1 and perhaps office uses would not deprive the applicant of the use of her property. Mr. Lawson stated that staff was not comfortable with permitting an auto repair garage on the site at this time. Mr. Wright stated that the building is basically only a mechanic's bay with a 250 square foot office and, as such, was not usable as only office space. He stated that he could accept C-3 zoning. 4 October 24, 1996 ITEM NO.: A Z-5987-A (Cont.) In response to a question from Ms. Dawson, Ms. Morrow stated that she was unfamiliar with the list of permitted C-1 uses. Commissioner Daniel stated that he could not support the application and recommended that it be deferred. Commissioner Putnam stated that movement of Mabelvale Pike changed the neighborhood. He noted that the site is located near a mainline railroad and pointed out other nonresidential uses in the area. In response to a question from Commissioner Adcock, Mr. Lawson discussed why the Plan recommends MOC for the site. Ms. Morrow stated that those commissioners who have been to the site would agree that the property is located in a commercial area. Mr. Wright then stated that the application was amended to a C-3 request. Mr. Lawson stated that the area is changing but that there are still residential uses in the area. He stated that auto repair is too intense a use for the area. Mr. Lawson stated that, whatever use is proposed, it is important to use the existing building. A straight rezoning, he noted, would allow removal of the building. Mr. Wright stated that he agreed to defer the item and amend the application to a Planned Development. In response to a question from Chairman Woods, Mr. Carney stated that October 24, 1996 was the next scheduled rezoning hearing but that it would not allow for Subdivision Committee review of the Planned Development. During the ensuing discussion, the Commission agreed to bring the item back without requiring Subdivision Committee review. A motion was made to defer the item to the October 24, 1996 Commission meeting and not to require Subdivision Committee review. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (OCTOBER 24, 1996) Herb Wright was present representing the application. There were no objectors present. Staff informed the Commission that the applicant had failed to submit sufficient documentation to allow for conversion of the item to a Planned Development and, as such, the item needed to be 5 October 24, 1996 ITEM NO.: A Z-5987-A (Cont.) deferred. The applicant had been informed of staff's position and had agreed to the deferral. The item was placed on the Consent Agenda and approved for deferral to the November 21, 1996 Commission meeting. The vote was 11 ayes, 0 noes and 0 absent. 6 October 24, 1996 ITEM NO.: H FILE NO.: Z-5239-C NAME: Our House - Conditional Use Permit LOCATION: 302 E. Roosevelt Road OWNER/APPLICANT: U.S. Department of Health and Human and U.S. General Services Administration/Our House by Joe Flaherty PROPOSAL: A conditional use permit is requested to allow for the construction of a 20,000 square foot building which (in conjunction with five other existing buildings on this site) will be used as transitional and emergency housing and other related services as provided by Our House. The property is zoned R-4. The applicant is also requesting a waiver of the filing fee. ORDINANCE DESIGN STANDARDS: 1. Site Location: The site, which is the old V.A. Hospital site, is located on the north side of E. Roosevelt Road, just west of Interstate 30. 2. Compatibility with Neighborhood: The proposed site is within the old V.A. Hospital site, with the main hospital building located immediately west. The properties south of this site (across Roosevelt Road) include residential uses, a church and a service station. Another service station is located immediately east of this site, with Interstate 30 further east. The properties to the north(across East 24th Street) are predominantly single family and two- family residences. The proposed use should not have an adverse effect on the surrounding properties. October 24, 1996 ITEM NO.: B (Cont.) FILE NO.: Z-5239-C 3. On -Site Drives and Parking: Access to the site will be gained by utilizing an existing driveway from Roosevelt Road. The housing provided by Our House is unique in that less than ten percent of the people that are provided housing own a vehicle. The office space, trade school and day care uses within the existing buildings and the proposed new building will require 30 parking spaces. There is more than adequate paved parking on the site to meet this requirement as well as to accommodate any parking needed for the emergency and transitional housing uses. 4. Screening and Buffers: An upgrade in landscaping toward compliance with the Landscape Ordinance equal to the building expansion percentage increased will be required. 5. Public Works Comments: A sketch grading and drainage plan and Topographic information will be required. If the disturbed site is over 5 acres, an ADPC&E permit will be required. 1992 AHTD traffic count for Roosevelt Road was 14,170 vehicles in the vicinity of this location. Stormwater detention ordinance applies. 6. Utility Comments: L.R. Wastewater: Sewer mains on this property are private. Utility does not have plans showing location or condition of any sewer main on this property. L.R. Water Works: Existing lines that provide service will have to be relocated and/or abandoned. They have frontage on an 8" main in E. 24th Street. Domestic and fire service including on site hydrants as recommended by the Fire Department should be off 24th Street. L.R. Fire Department: Contact for proper fire hydrant spacing. 7. Staff Analysis: The applicant is requesting a conditional use permit to allow for the construction of a 20,000 square foot building which (in conjunction with five other existing buildings on the site) will be utilized as transitional and emergency housing and other related services as 2 October 24, 1996 ITEM NO.: B (Cont.) FILE NO.: Z-5239-C provided by Our House. The property is zoned R-4. Based on the fact that Our House is philanthropic/charitable organization, the applicant has requested a waiver of the $250.00 filing fee. The proposed new 20,000 square foot structure will be one-story on the west side and two -stories on the east side. This building will include four small offices and emergency and transitional housing (and related uses) for approximately 100 persons. Buildings 4 and 5 (as shown on the attached site plan) will be removed from the site prior to construction of the new building. The proposed 20,000 square foot building meets and exceeds all area setbacks as required by ordinance. The other existing structures on this site include buildings 3, 6, 9, 13 and 14 as labeled on the attached site plan. Building 3 contains transitional housing for families (35 persons maximum). Building 6 has office space downstairs and three living units on the second floor. Building 9 houses a small engine/small appliance repair training shop, an IBM computer jobs training school, two adult computer literacy training programs, a human development classroom and a state -licensed day care center for a maximum of 30 children. Building 13 and 14 are used for grounds maintenance equipment parking and for storage. As noted earlier, the housing provided by Our House is unique in that less than 10 percent of the people that are provided housing own a vehicle. The office space, trade school and day care uses within the existing buildings and the proposed new building require 30 parking spaces. There is more than adequate paved parking as the site to meet this requirement as well as to accommodate any parking needed for the emergency and transitional housing uses. The shelter (emergency and transitional housing) will be a 24 hour operation. The trade school/day care will typically have daytime classes with an occasional night class. The offices will be operated during daytime hours. The continuing use of this property for emergency and transitional housing along with the other services provided by Our House, in addition to the construction of the new building, should have no adverse effect on the surrounding properties. 3 October 24, 1996 ITEM NO.: B (Cont.) FILE NO.: Z-5239-C 8. Staff Recommendation: Staff recommends approval of the conditional use permit and of the waiver of the filing fee subject to the applicant complying with the following conditions: 1. Compliance with the Screening and Buffers Comments 2. Compliance with the Public Works Comments 3. Compliance with the Utility Comments SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 19, 1996) Joe Flaherty was present, representing the application. Mr. Flaherty gave a brief description of the proposal. Mr. Flaherty explained the current uses on the property and the proposed new structure. Bob Brown, Site Plan Review Specialist, stated that an upgrade in landscaping would be required. Mr. Flaherty stated that he agreed to the landscaping upgrade. Mr. Flaherty stated that the hours of operation will be as follows: 1. Shelter (emergency and transitional housing) - 24 hour operation 2. School and daycare - daytime classes with occasional night classes. 3. Offices - daytime hours After a brief discussion, the Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (OCTOBER 10, 1996) Joe Flaherty was present, representing the application. Larry Jones, of the Planning Staff, explained to the Commission that he received a phone call from Director Wilson requesting that the item be deferred. Director Wilson stated that not enough of the neighbors had been notified of the proposal. Jim Lawson, Planning Director, stated that Director Wyrick had also called and requested that the item be deferred. Director Wyrick stated that a meeting needed to be held with the neighbors regarding this proposal. 4 October 24, 1996 ITEM NO.: B (Cont.)_ FILE NO.: Z-5239-C Joe Flaherty, of Our House, addressed the Commission regarding the deferral requests. Mr. Flaherty stated that there is a $2,300,000 grant application pending regarding this proposal. Mr. Flaherty stated that in order for Our House to obtain the grant to construct the new building on this site and close down the Main Street location, he had to have two things by November 1st. Mr. Flaherty stated that he had to have the deed to the property and zoning approval for the new building by November 1st or Our House would lose the grant, as this is a one time opportunity. There was a general discussion regarding this issue including the notification of the neighbors and neighborhoods, the Our House use and the deferral of this item. Jim Lawson, Planning Director, suggested that this item be deferred to the next Planning Commission meeting on October 24, 1996. Mr. Lawson stated that this would still perhaps allow Mr. Flaherty time to respond to the grantor by November 1st. After further discussion, the Commission voted to defer this item to the rezoning agenda of October 24, 1996 with a vote of 9 ayes, 0 nays, and 2 absent. PLANNING COMMISSION ACTION: (OCTOBER 24, 1996) Joe Flaherty and Joseph Kaufman, of Our House, were present, representing the application. There were several persons present opposing the application. Staff presented the item with a recommendation of approval. Joseph Kaufman, of Our House, addressed the Commission. Mr. Kaufman gave a brief description of the Our House program. Mr. Kaufman presented a video to the Commission which detailed the services offered by Our House. Deshawn Jackson spoke in opposition to the application. Mr. Jackson read a written statement. Nellie Leonard addressed the Commission and spoke in opposition to the proposal. She stated that she did not want the people from Our House in the neighborhood. Nacole Gilbert also spoke in opposition to the application. Radell Clark also spoke in opposition to the proposed conditional use permit. Mr. Clark stated that the proposed use would not be appropriate for the neighborhood. A ` October 24, 1996 ITEM NO.: B (Cont.) FILE NO.: Z-5239-C Commissioner Daniel made a brief statement in support of the application. There was a brief discussion/question and answer session between the Commission and Joe Flaherty, of Our House. The general day-to-day operations of Our House was discussed. Commissioner Hawn made a brief statement concerning the Our House use and the Neighborhood concerns. There was a brief discussion regarding the hours of operation and security. Gloria Wilson addressed the Commission in opposition to the conditional use permit. Director Wilson stated that Our House would not be a compatible use with the neighborhood. There was a brief discussion regarding other locations that Our House could locate. Raymond Rodgers spoke in opposition to the application. Mr. Rodgers stated many of the same concerns discussed earlier as reasons for opposition. Commissioner Brandon gave a brief statement supporting the application. Commissioner Woods gave a closing statement in support of the conditional use permit. A motion was made to approve the conditional use permit with the conditions recommended by staff. The motion passed by a vote of 9 ayes and 2 nays. A motion was made to approve the waiver of the filing fee. The motion passed by a vote of 8 ayes and 3 nays. 1 October 24, 1996 ITEM NO.: 1 Z-6202 Applicant: Location: Request: Purpose: Size: Existing Use: Andrew J. McDonald as Bishop of the Roman Catholic Diocese of Little Rock L. Dickson Flake 200 Block of Atkins Road; east side Rezone from 0-3 to C-2 and OS Future retail development 5.11 acres total; 3.097 to be C-2 and 2.015 to be OS Undeveloped, wooded SURROUNDING LAND USE AND ZONING North - Vacant, heavily wooded; zoned C-2 South - Single Family residences; zoned R-2 East - Various commercial uses and small strip, shopping center; zoned C-3 and Entergy maintenance yard; zoned I-2 West - Vacant property; zoned 0-3 PUBLIC WORKS COMMENTS Dedicate right-of-way to 30 feet from centerline of Atkins Road, construction to collector street standards with a sidewalk on Atkins Road will be required. Chenal Parkway dedication of a 10 foot sidewalk and utility easement beyond a 50 foot right-of-way is required, if right-of-way is deficient or less than 60 feet from centerline. Atkins Road in this area is a 24 foot chip seal road. Access to Chenal shall be per standards adopted with a sidewalk. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Authority Bus Route. October 24, 1996 ITEM NO • 1 Z-6202 (Cont.) LAND USE ELEMENT The site is in the Ellis Mountain District. The adopted Land Use Plan recommends Office. The request is for Commercial with an Open Space Buffer of 75 feet to Single Family. Due to recent changes to the Land Use Plan along Chenal Parkway, Staff is willing to accept this change to the Plan. This has been determined to be a minor change; Office to Commercial with a 75 foot Open Space. STAFF ANALYSIS The request before the Commission is to rezone this 5.11 acre tract from "0-3" General Office to "C-2" Shopping Center District and "OS" Open Space District. The northern 3.097± acres is proposed to be zoned C-2 and the southern 2.015± acres is proposed to be zoned Open Space. The OS zoned property will provide for a 75 foot wide buffer between the C-2 zoned property and the Timber Ridge Subdivision. The property is currently heavily wooded. No specific development has been proposed but it is assumed that, once rezoned, the C-2 property will be added to the existing C-2 zoned property to the north to allow for future retail development. C-2 is a site plan review district requiring that property within the district be developed under a site plan submitted to and adopted by the Planning Commission. The property is located near the intersection of West Markham Street and Chenal Parkway. This intersection is a commercial node, with a variety of commercial uses now existing or being developed on the properties. Uses include a car dealership, convenience store with gas pumps, a large home center and a large number of smaller commercial uses. This 200 foot wide, 0-3 zoned property serves as a transition from the more intense commercial zoning to the Timber Ridge residential subdivision. The Ellis Mountain District Land Use Plan reinforces the zoning pattern by recommending Office for the site. If the request were to rezone the entire 5.11± acre tract to C-2, staff would be opposed and there would be a substantial plan issue. As it is , the rezoning request will result in a 75 foot wide OS zoned buffer along the entire southern perimeter of the site. This OS zoned strip will provide a better buffer between the commercial properties and the residential neighborhood than if the property remained zoned 0-3. The current 0-3 zoning will allow for new development to be constructed within 10 feet of the common property line 2 October 24, 1996 ITEM NO.: 1 Z-6202 (Cont.) between the subject property and the adjacent residential properties. Section 36-340 of the Code of Ordinances states the OS Open Space district is to be used as a buffer between uses which, due to their nature, height, siting or other circumstances, are not compatible with each other. In this case, no building or structure (principal or accessory) may be erected, no trees may be removed and no paving for wheeled vehicles will be allowed. Where the OS district is used as a buffer zone, all such areas shall remain in their natural state unless otherwise authorized by the City. The assurance of future site plan review of the abutting C-2 zoned property will further enhance the protection of this proposed OS zoned buffer. Staff is willing to support a change to the Ellis Mountain District Land Use Plan to allow the proposed C-2 and OS zoning. This has been determined to be a minor change; from 5.11± acres now shown as Office to 3.097± acres of Commercial with a 75 foot wide (2.015± acres) Open Space buffer. The applicant has indicated an unwillingness to dedicate any required right-of-way for Chenal Parkway and Atkins Road. This is an issue which will have to be dealt with by the Board of Directors. STAFF RECOMMENDATION Staff recommends approval of the requested C-2 and OS rezoning and of an amendment to the Ellis Mountain District Land Use Plan. PLANNING COMMISSION ACTION: (OCTOBER 24, 1996) L. Dickson Flake was present representing the application. There were no objectors present. Staff presented the item and a recommendation of approval of the requested zoning and the Plan Amendment. The zoning request and the Plan Amendment were placed on the Consent Agenda and approved by a vote of it ayes, 0 noes and 0 absent. 3 October 24, 1996 ITEM NO.: 2 Z-4346-A Owner: Mark Riable, Ltd. Applicant: Mark Riable Location: 9712 I-30 Request: Rezone from I-2 to C-4 Purpose: Truck camper and accessory sales Size: 1.16± acres Existing Use: Truck camper and accessory sales; nonconforming duplex SURROUNDING LAND USE AND ZONING North - Nonconforming residence; zoned I-2 and Motor Freight Company; zoned I-2 South - I-30 Right-of-way East - Law Firm Office; zoned C-4 West - Vacant Commercial Building; zoned C-3 and Wholesale Car Lot; zoned C-4 PUBLIC WORKS COMMENTS Clarify right-of-way of access easement as shown on survey. The service road is a 19 foot chip seal street with open ditches and no walk. Applicant is required to improve frontage of service road to commercial street standard with any proposed construction. Driveway for the frontage shall conform to Section 31-210 of the Little Rock Code. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Authority Bus Route. LAND USE ELEMENT The site is in the Geyer Springs West District. The adopted Land Use Plan recommends Mixed Commercial Industrial. There is no land use issue. October 24, 1996 ITEM NO.: 2 Z-4346-A (Cont.) STAFF ANALYSIS The request before the Commission is to rezone this 1.16t acre tract from "I-2" Light Industrial to "C-4" Open Display District. The property is occupied by a truck camper and accessory sales business. Two other buildings are located on the rear portion of the property, a nonconforming residential duplex and a frame, storage building. No change of use is proposed for the site. The building closest to the front of the property serves as the offices for the truck camper and accessory sales business. Camper tops and accessories are displayed outside of the building. The owner of the business also lives in the building. The I-2 district does not allow any residential occupancy. Once he was made aware of this violation by the codes enforcement staff, the owner of the property filed the C-4 rezoning request. The C-4 zoning will allow for the truck camper and accessory sales business and will also allow for residential use of up to 20 percent of the floor area of the building. The Planning Commission recently approved an ordinance amendment which would allow residential uses to occupy a floor area equal to or less than the gross floor area devoted to the business use in the principal structure on commercially zoned properties. This ordinance amendment will go to the Board of Directors in November 1996. The property is located on the I-30 Frontage Road in an area of mixed zoning and uses ranging from automobile sales lots and repair garages to hotels, furniture sales and rental stores and a Motor Freight Company. Adjacent property is zoned C-3, C-4 and I-2. The C-4 zoning proposed for this site is compatible with the neighborhood and is appropriately located on Freeway Frontage. The Geyer Springs West District Land Use Plan recommends Mixed Commercial Industrial for the site. The C-4 request conforms to the Plan. STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning. PLANNING COMMISSION ACTION: (OCTOBER 24, 1996) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The rezoning request was placed on the Consent Agenda and approved by a vote of 11 ayes, 0 noes and 0 absent. PA . I 'October 24, 1996 ITEM NO.: 3 Z-6201 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Sidney M. Thom Sidney M. Thom 11200 Block of Stagecoach Road Rezone from R-2 to MF-18 Future multifamily development 32.48± acres Undeveloped SURROUNDING LAND USE AND ZONING North - Vacant land and Single Family homes; zoned R-2 and Church; zoned MF-24 South - Vacant land; zoned I-2 and nonconforming salvage yard/dump; zoned R-2 East - Vacant land, salvage yard and abandoned motor court; zoned R-2 West - Vacant, heavily wooded; zoned R-2 PUBLIC WORKS COMMENTS Frontage with the combination of both properties will permit two driveways. Stormwater detention ordinances will apply with construction permits. Right-of-way requirement for Ark. State Hwy. 5 is 90 foot of right-of-way for this minor arterial. Existing pavement is 24 feet of asphalt with open ditches and no sidewalk, construction to minor arterial standard on the frontage will be required with the construction for the property. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Authority Bus Route. LAND USE ELEMENT The site is in the Otter Creek District. The adopted Land Use Plan recommends Multifamily. There is no land use issue. October 24, 1996 ITEM NO • 3 Z-6201 (Cont.) STAFF ANALYSIS The request before the Commission is to rezone this 32.48± acre tract from "R-2" Single Family to "MF-18" Multifamily district. The property is currently undeveloped and heavily wooded. No specific development is proposed for the site at this time. Rezoning will allow for future development of the site as multifamily. The property is located south of the Otter Creek Community, on the north side of Stagecoach Road. Zoning in the area ranges from R-2 and MF-24 to C-4 and I-2. A church is located on the MF-24 zoned property to the north. R-2 zoned, undeveloped property is located to the west. An old travel court (motel) and vacant R-2 zoned property are adjacent to the east. The buildings of the travel court have recently been classified as "unsafe" by the City. A tract of vacant I-2 zoned property is located across Stagecoach Road to the south. A nonconforming salvage/dump business is also located across Stagecoach Road. The requested MF-18 zoning is compatible with the area. Any development of this property as multifamily will no doubt require Planning Commission site plan review which will allow an opportunity to discuss the appropriate treatment of the site where it abuts any residentially zoned property. The Otter Creek District Land Use Plan recommends Multifamily for the site. There is no Plan issue. STAFF RECOMMENDATION Staff recommends approval of the requested MF-18 zoning. PLANNING COMMISSION ACTION: (OCTOBER 24, 1996) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Carl Moody, of 12010 Black Walnut, asked if there was not a saturation of multifamily zoning in the area. Jim Lawson, Director of Planning and Development responded that no study had been done to determine if multifamily zoning in the area had reached a saturation point. He pointed out that the Land Use Plan recommended multifamily for this site. Mr. Lawson noted that much of the multifamily zoned property in the City was rezoned to some other designation during the previous 10 years. The rezoning request was placed on the Consent Agenda and approved by a vote of 11 ayes, 0 noes and 0 absent. E Y October 24, 1996 ITEM NO.: 4 Z-6203 Owner: Larry Holt Applicant: McGetrick Engineering Location: NW corner of Baseline and Stanton Roads Request: Rezone from R-2 to C-4 Purpose: Auto body shop Size: .77± acres Existing Use: Vacant, 1 story building (formerly body shop) SURROUNDING LAND USE AND ZONING North - Mobile home park; zoned R-2 South - Furniture store; zoned R-2 East - Convenience store with gas pumps; zoned R-2 West - Single Family home; zoned R-2 PUBLIC WORKS COMMENTS Right-of-way for Baseline Road appears to be per Master Street Plan, 45 foot from center. There exists a 5 foot sidewalk on the frontage of Baseline Road. The handicap ramp will need to be brought to standards for ADA compliance. Stanton Road is a collector street on the Master Street Plan, the plat indicates 30 feet right-of-way from centerline but there appears to be a taper to less than 30 feet from centerline at the north end of the property. Dedicate right-of-way to bring collector standards. There does not exist a sidewalk and collectors standards for the frontage on Stanton Road. In lieu contributions for the improvements on Stanton Road could be required with construction. Stormwater detention does not apply to this less than one acre parcel of ground. PUBLIC TRANSPORTATION ELEMENT The site is located on a Central Arkansas Transit Authority Bus Route which traverses Baseline and Stanton Roads. October 24, 1996 ITEM NO.: 4 Z-6203 (Cont.) LAND USE ELEMENT The site is in the Geyer Springs East District. The adopted Land Use Plan recommends Commercial. A "C-4" use, due to the location is intensive for the site. The proximity to residential is a concern. Commercial is appropriate, however 11C-4" is too intensive. STAFF ANALYSIS The request before the Commission is to rezone this .77± acre tract from "R-2" Single Family to "C-4" Open Display District. The site is currently occupied by a 1 story, block building which formerly housed an auto body shop. The building is located on the rear (north) portion of the lot, very near the rear property line. The majority of the property is vacant. The purpose of the rezoning request is to allow the continued use of the building as an auto body shop. The property is located in an area of mixed zoning and uses, both conforming and nonconforming. A nonconforming convenience store is located on the R-2 zoned property across Stanton Road. A nonconforming furniture store is located on the R-2 zoned property across Baseline Road. Single family homes and a mobile home park are located on the R-2 zoned properties adjacent to the west and north respectively. Other uses in the area include a C-3 zoned strip center, churches and vacant, C-3 zoned buildings. It is staff's opinion that commercial zoning is appropriate for this location but it is questionable whether C-4 or some less intensive commercial zoning is more appropriate. The Geyer Springs East District Land Use Plan does recommend Commercial for the site which is located at the intersection of a collector street and a principal arterial. The C-4 zoning district is the most intensive of the commercial classifications and staff is concerned about the relationship of this site to the abutting residentially zoned properties. Typically, such intensively zoned property would be buffered from adjacent residential property by either an OS strip or by zoning intervening property with some less intensive zoning designation such as office or multifamily. In this case, residentially zoned and occupied properties are located adjacent to the west and north of the site. The building itself is located very near the north property line which prohibits any sort of zoning buffer. It would perhaps be possible to buffer the residential property to the west. 2 October 24, 1996 ITEM NO.: 5 Z-6204 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Cecil B. and Isabel L. Hill Herbert Wright, Attorney 9101 Lew Drive Rezone from R-2 to C-3 Unspecified commercial use .59± acres Vacant, one story building SURROUNDING LAND USE AND ZONING North - Little Rock Association of the Deaf Offices and Church; both zoned R-2 South - Apartments; zoned R-2 East - Mobile home park; zoned R-2 West - Office/warehouse and vacant property; zoned C-3 PUBLIC WORKS COMMENTS Existing right-of-way is shown as 60 feet, it's a 34 foot asphalt street with curb and gutter and a 4 foot sidewalk; need to bring sidewalk to City standards. Property frontage shown has two drives; one drive is allowed by ordinance. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Authority Bus Route. The nearest route is located at Baseline and Geyer Springs Road, extending north on Geyer Springs and west on Baseline. LAND USE ELEMENT The site is in the Geyer Springs East District. The adopted Land Use Plan recommends Multifamily (MF) for the site. This C-3 request does not conform to the Plan. Staff sees no reason to amend the Plan by extending commercial any further down Lew Drive. October 24, 1996 ITEM NO.: 5 Z-6204 (Cont.) STAFF ANALYSIS The request before the Commission is to rezone this .59± acre tract from "R-2" Single Family to "C-3" General Commercial. The property is currently occupied by a one- story nonresidential style building which is located on the back (east) portion of the property. The remainder of the property is vacant although there does appear to be the vestige of a gravel parking area in front of the building. No specific use for the property has been proposed by the applicant. The site is located in an area with some mixture of zoning and uses. The properties across Lew Drive to the west are zoned C-3 and are occupied by an office/warehouse and a new auto parts store. The R-2 zoned properties directly north of this site contain a church and offices for the Little Rock Association for the Deaf. An R-2 zoned mobile home park is located on the R-2 zoned property south of the site. There are a large number of duplex and multifamily residences located farther to the south along Lew Drive, Southboro and Southwick. Although the residential style is mixed, ranging from mobile homes to duplexes, apartments and single family homes, it is apparent that the predominant land use in the area is residential. The Geyer Springs East District Land Use Plan recommends Multifamily (MF) for this site. This MF designation extends to include even a portion of the C-3 zoned property across Lew Drive. The adopted Plan recommends limiting commercial to the properties located within 500 feet of this portion of Baseline Road. Staff does not believe there is any justification for extending the commercial any further south on Lew Drive. STAFF RECOMMENDATION Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION: (OCTOBER 24, 1996) Herb Wright was present representing the application. There were no objectors present. One letter of objection had been sent by the O.U.R. Neighborhood Association and presented to the Commission. Staff presented the item and informed the Commission that the applicant wished to have the item deferred to the November 21, 1996 Commission meeting. Mr. Wright confirmed that he wanted the deferral to allow him time to meet with the neighborhood association. 2 G cc V W IM W O z O z z z J a L ME ME �1 ME 21111110 111 �11� IN M 11111111 ll1 man all imal l Mae EN ao :am 11111111 111�ME11 11�1;1� In �1 1 ii P� Q �I i October 24, 1996 There being no further business before the Commission, the meeting was adjourned at 5:25 p.m. Date � —