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
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0
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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.
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October 24, 1996
There being no further business before the Commission, the
meeting was adjourned at 5:25 p.m.
Date � —