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pc_07 14 1992LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD JULY 14,1992 12:30 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being ten in number. II.Approval of the Minutes of the Previous Meeting The minutes of the June 2,1992 meeting were approved as mailed. III.Members Present:John McDaniel Brad Walker Ramsay Ball Diane Chachere Jerilyn Nicholson Kathleen OlesonBillPutnam Jim VonTungeln Emmett Willis,Jr. Ronald Woods Members Absent:Joe Selz City Attorney:Stephen Giles LITTLE ROCK PLANNING COMMISSION REZONING HEARING AGENDA JULY 14,1992 DEFERRED ITEM: A.Z-5567 Chenal Parkway and R-2,0-2,and Kanis Road C-3 to C-4 B.Z-5574 Second Genesis Conditional Use Permit REZONING ITEM: 1.Z-5571 1-30 and Stanton Road R-2 to C-4 OTHER MATTER: 2.Brookwood Drive Right-of-Way Abandonment (G-23-176) July 14,1992 ITEM NO.:A Z-5567 Owner:J.W.Shackleford Applicant:R.Wingfield Martin Location:Chenal Parkway and Kanis Road Request:Rezone from R-2,0-2 and C-3 to C-4 Purpose:Commercial (with outside display)and Bus Company Size:20.98 acres Existing Use:Various Uses SURROUNDING LAND USE AND ZONING North —Vacant,zoned MF-12 South —Vacant,zoned R-2 East —Vacant and Church,zoned 0-2 and PCD West —Vacant and Single-Family,zoned R-2 and C-3 STAFF ANALYSIS The issue before the Commission is rezoning 20 acres on both sides of the Chenal Parkway from R-2,0-2 and C-3 toC-4.The acreage is situated between Kirk Road and Kanis Road.Land on the south side of the parkway is outside thecityandwasreclassifiedtoR-2 through the Area II zoningaction.The existing 0-2 and C-3 areas on the north side were rezoned as part of the Chenal zoning effort approved in 1987.Uses found on the land include single familyresidences,several barns,cabinet shop,a landscaping business (with greenhouses),a bus company and outside storage.There are also two billboards and the majority of the south side is undeveloped.It is anticipated that there will be no immediate changes to the uses if the rezoning is granted.The primary reason for filing the request is to do away with the nonconforming status. Other zoning found in the area is MF-12,0-3 and PCD.The property in question abuts R-2,MF-12,0-2 and C-3 lands. In addition to the uses mentioned earlier,a church and a construction company are also found in the area.A high percentage of the surrounding land is vacant at this time. The area under consideration is part of the Chenal District Plan (Rock Creek Valley/Ellis Mountain in the past)and the land use plan identifies the property for multiple uses. For the north side,the plan recommends neighborhood, 1 July 14,1992 ITEM NO.:A Z-5567 Cont. commercial and office.Both C-3 and 0-2,the existing zoning,are the appropriate districts for the adopted land use pattern.On the south side,the plan shows the acreageformixedofficeandwarehouse. In the C-4 district,an office and office warehouse are permitted by right;warehousing is a conditional use. However,the plan's intent is not to endorse C-4 for theofficeandwarehousearea,but rather to recognize that a type of development could be allowed under certain circumstances and through a carefully reviewed plan.ThereareanumberofC-4 uses that are not compatible with the parkway,and C-4 is not the direction the City wants the Chenal Parkway to go.A C-4 reclassification does not maintain the plan's land use concept and could have an adverse impact on the parkway corridor.And finally,thereisnoC-4 along the entire Chenal Parkway,and the staff has never supported a C-4 rezoning for the area. ENGINEERING CO EN S 1.A portion of the Chenal Parkway does not have the necessary right-of-way of 120 feet.Dedication of additional right-of-way is needed to meet the standard. (Any featured development will require improvement to the parkway.) 2.Both Kanis and Kirk Roads need 5 feet of additional right-of-way. 3.Dedication of right-of-way for a future collector (60 feet total)shown on the Master Street Plan.The proposed location of the collector is approximately 400 feet east of Kirk Road. STAFF RECOMMENDATION Staff recommends denial of the C-4 rezoning. PLANNING COMMISSION ACTION:(JUNE 2,1992) The applicant,wingfield Martin,was present.There were noobjectors.Mr.Martin said he was representing the Shacklefords,who own a total of 375 acres.Mr.Martin then proceeded to discuss the Improvement District and the Chenal Parkway.He told the Commission that the Shacklefords had operated a dairy on the land for many years.He then gave some history on the planning efforts in the area and for the property.Mr.Martin then described the existing 2 July 14,1992 ITEM NO.:-5567 Cont. zoning and uses.He said that a majority of the uses were nonconforming and that could be a potential problem in the future. There was a long discussion about various issues and comments were offered by several individuals. Wingfield Martin said he was willing to work with thestaffonacompromiseandaskedforadeferralofat least 30 days. The motion was made to defer the request for at least 30 days.The motion was approved by a vote of 11 ayes, 0 nays and 0 absent. PLANNING COMMISSION ACTION:(JULY 14,1992) The applicant,Wingfield Martin,was present.There were noobjectors.Mr.Martin discussed the issue briefly,and then requested a deferral to the November 17,1992 hearing. A motion was made to defer the item to the November 17,1992 meeting.The motion was approved by a vote of 10 ayes, 0 nays and 1 absent. 3 July 14,1992 ITEM NO.:B NAME:Second Genesis —Conditional Use Permit (Z-5574) LOCATION:2212 Fillmore Street OWNER APPLICANT:Arkansas Methodist Children' Home —United Methodist ChurchofArkansas/Second Genesis Ministries,Inc. PROPOSAL:A Conditional Use Permit is requested to allow use of the property for a rehabilitation half-way house for women leaving prison. ORD ANCE DESIGN STANDARDS: 1.Site Location This site is located north of the University of Arkansas campus along Fillmore Street. 2.Com atibilit with Nei hborhood This area is generally known as the Oak Forest Neighborhood.It is characterized by almost total development ofresidentialproperties.The requested use of the propertyiscompatiblewiththeneighborhood.The University of Arkansas at Little Rock is a major land user.Theuniversityhasasignificantinfluenceonthesurroundingproperties. 3.On-Site Drives and Parkin There is one on-site drive off of Fillmore Street.Parkingwillbeprovidedonthesite.However,on-street parking is being allowed by the City. 4.Screenin and Buffers There exist quite a large amount of mature vegetation on thesite.If more landscaping is required,the applicant will comply. 5.Cit En ineer Comments There are no engineering comments. 1 July 14,1992 I N Continued 6.A~1 Second Genesis Ministries would like to develop a rehabilitation program by way of a halfway house for women (mostly younger mothers)being paroled from the Women' Prison Unit at Pine Bluff. Second Genesis,Inc.is a non-profit volunteer organization. The Board has the opportunity to lease,for at least one year,a house owned by the Arkansas Methodist Children' Home which is connected to the United Methodist Church in Arkansas.The house is a part of the property owned by the Children's Home,which is north of the University of Arkansas at Little Rock campus. There are no dwellings on either side of the house nor in the back.The house is surrounded by wooded areas,except in the front where it faces the street. The goal of the ministry is to have four to eight women living in the house as a family unit,cooking and eating together,with each having household responsibilities. They will be enrolled in training or educational courses and receive appropriate counseling. These women will be selected through a process that will determine which ones will most likely fit,within the rehabilitation mold,which was developed by a Second Genesis study.The Board of Directors of Second Genesis expect the women,who are rehabilitated,to be able to return to their families and community from which they came as viable citizens ready to successfully fit within the framework of law abiding family and community living. There will be two regular paid staff members along with volunteers and members of the Board who will be working with the women living in the home. The Board of Directors of Second Genesis,Inc.has spent three years in the planning and development process and is now ready to facilitate the project.Hopefully,the projectwillbeinoperationbymid-summer. 7.ta f ndation Staff recommends approval of the Conditional Use Permit for no more than eight women. 2 July 14,1992 ITEM NO.:B Continued SUBDIVISION COMMITTEE COMMENTS:(JUNE 11,1992) Several members of the Second Genesis Ministries were in attendance.Staff gave an overview of the applicant's request.Staff informed the committee members that the applicants were having a problem with locating the legal for this particular lot. The only legal which can be provided is for the entire property. Therefore,the applicant has obtained a list of the house numbers of the properties within 200 feet of the single family structure. The Chairman stated the notice requirement will have to be waived by the Commission.The applicant needs to make all efforts possible to contact the residences in the neighborhood, especially UALR even though they may not be within the required 200 feet. No additional discussion took place.This item was sent on to the full Commission for action. PLANNING COMMISSION ACTION:(JUNE 30,1992) A representative of the applicant was in attendance.There were five people present in opposition to the requested Conditional Use Permit. Jane Coyne,President of Second Genesis,addressed the Commission.She stated that Second Genesis is a nonprofit organization consisting of several denominations of ChristianMinistries.The Conditional Use Permit is being requested to provide transitional housing for women leaving prison.Theentireprogramistodevelopaprogramwhichwillassistthe need of many young mothers to be paroled from prison,and provide them with the necessary rehabilitative programs to readjust to life such as learning job skills,substance abuse,parenting and educational. The goal of the ministry is to have four to eight women living at the residence cooking and eating together,with each having household responsibilities.The women will be processed andselectedbetweentheDepartmentofCorrectionParoleBoardand Second Genesis.There will also be two paid staff persons livingatthehouseaswellasvolunteerssupervisingthewomenatall times.The Board of Directors of Second Genesis has spent three years developing the program and hopefully,it will be operational by the end of summer. Second Genesis has received statewide support for the program. At no time will the residence become permanent for any of the women.Presently,there is no place in the State for this typeoftransitionforwomen. 3 July 14,1992 IT NO.:Continued Doris Gates then addressed the Commission.She stated that she understood the fears of some of the residences of the neighborhood.However,she strongly supported the efforts of Second Genesis and wanted to reassure the neighborhood that the project will not place any undue hardship on the neighborhood. Sue Landenwich also wanted to speak in support of the Conditional Use Permit.She stated that these women need a chance to be given the opportunity to become productive citizens of the city and state. Phyllis Smith spoke to the Commission in opposition to the requested Conditional Use Permit.Ms.Smith stated that she understood the need for this type of half-way house,but felt that her neighborhood,which is older and established,has paid its fair share for these types of uses.She stated there is the Arkansas Enterprises for the Blind,Methodist Children's Home and UALR.While the neighborhood has given the three institutions'upport,they have been very disruptive to the neighborhood. Ms.Smith went on to explain there is a sufficient increase in traffic due to UALR,and now the neighborhood has been informed that the Methodist Children's Home is getting ready to house adolescent male offenders. Ms.Smith stated that the neighborhood thinks the concept of helping these women is good,however,the neighborhood already provides support to three institutions.There should be some other area in the city which can provide support for a program like Second Genesis.A petition was presented with approximately 100 signatures. Dana Venhouse stated her main objective is the fact that the neighborhood has not had an opportunity to review the plan which the speakers earlier had referred to.Ms.Venhouse further stated that she felt a good effort has not been made to contact the neighborhood. Cecil H.Yielding addressed the Commission.Mr.Yielding stated that he lives within 200 feet and has put up with the problems of the Methodist Children's Home for several years.He has retired and does not want to sale out because of the half-way house being placed on the property. Further discussion continued among the Commission, representatives of Second Genesis and the neighborhood opposition regarding staffing of the program,crime,the program at the Methodist Home for adolescent offenders,and communication with the neighborhood. 4 July 14,1992 ITEM NO.:B Continued A motion was then made to approve the Conditional Use Permit for no more than eight women for a period of one year.After the one year period,a return to the Commission for review is required. The motion failed by a vote of 5 ayes,3 noes,1 abstention and 2 absent. Since this item did not receive six affirmative votes,it is automatically deferred for two weeks.This item will be heard again by the Commission on July 14,1992.Second Genesis was encouraged to try and meet with the neighborhood before the next meeting. PLANNING COMMISSIO CTION:(JULY 14,1992) Sue Landenwich represented the applicant,Second Genesis,as a Board member of the organization.There were several other people in attendance in support of the Conditional Use Permit. Ms.Landewich addressed the Commission by giving an overview of what Second Genesis,a non-profit organization,was attemptingtoprovide.She stated that the halfway house would be for ex-female prisoners who have been carefully screened in order to be selected to participate in this program.Presently,there is no other organization with this type program which providesassistancetoex-female prisoners in Arkansas.Housing will be provided for six to eight women.Staff and trained volunteerswillbeatthesiteatalltimes,seven days a week.Some of theservicestobeprovidedareemotionalsupport,counseling,jobtrainingandassistanceinlocatingajob,assistance in obtaining housing,drug and alcohol treatment and parentingtraining. Several of the women have children;therefore,they would be allowed to visit the halfway house once a week.There have been some misleading statements regarding the location.The house is adequate for the needs of the program.The advantages of the program are 1)the location is on an easy accessible bus route, 2)plenty of lawn area,3)jobs and educational opportunities. The Conditional Use Permit is for one year and then a review would be conducted to evaluate the program. Jeanne M.Coyne,a board member of Second Genesis,spoke to the Commission.She presented two letters to the Commission supporting the program from the Parent Center and Family Service Agency.Another board member,Doris Gates,presented pictures ofthesitefortheCommissiontoreview. Rev.Robert A.Regnier,Administrator of the United MethodistChildren's Home,Inc.,stated that he wanted to clearup some misleading information.The house is owned by the United 5 July 14,1992 ITEM NO.:B Continued Methodist Children's Home,Inc.which is a non-profit organization.The United Methodist Church of Arkansas is associated only on a friendship bases as a monetary source and sponsor.The other point of clarification is the statement the United Methodist Children's Home is about to begin a program to house male adolescent youth offenders.The Children's Home is in a transitional period where as instead of a campus residential care facility to a more family oriented residential housingfacilityacrossthestate.The Children's Home intends to lease the property to Second Genesis or on the open market. Anne Fulk,Sharon J.McGlothin,Swann Kohler and Ruth Bell spoke in favor of the Conditional Use Permit.They spoke on how well the use would benefit the City of Little Rock as well as the county and state.It was stated that the program could be a role model for other counties in the state. A commissioner asked the members how long had Second Genesis been in existence.Sue Landenwich responded to the question bystatingSecondGenesiswasestablishedin1988.Supervision will be provided by the staff of the house.These persons will be required to provide services and enforce all house rules. The house rules will depend on what can be agreed upon by each women.There will only be visitation by the children and people doing business.No other family members or friends will be allowed.Second Genesis is willing to place any restriction for review that the Commission recommends. The Commission then had a considerable amount of discussion about some of the information presented by the members of Second Genesis. The Chairman then allowed the people in opposition to the requesttoaddresstheCommission. Phyllis Smith addressed the Commission.Ms.Smith stated that in no way did the neighborhood object to the concept of Second Genesis.The problem centers around the fact that the neighborhood now is supporting more than its share of these typesofprogramsandfacilities.There is the Parenting Center,the Methodist Children's Home and Blind School which helps 350 to 400 people a year.UALR also has an enrollment of 12,000 students which bombard the streets in the neighborhood and theuniversity's 1,100 employees.Not to mention,then one will havetodealwiththefraternityandsororityhousesandthenewdorm which will house approximately 300 students. Alice Willis,Marsha Spears,Ronald Ross,Lillian Cargile,John Jump,Norma Watson,Terry Hogman Eustice,Cecil H.Yielding and Donna Venhouse spoke on the following concerns security at the halfway house,crime,visitation,traffic,decrease in propertyvalue,liquor stores and drug houses. 6 July 14,1992 ITEM NO.:Continued The Chairman then allowed for discussion among the commission members,staff and the persons in favor and opposition.The commissioners then took turns stating their opinion regarding the requested Conditional Use Permit.A motion was then madetoapprovetheConditionalUsePermitwiththeamendmentsubject to visits at the house will be limited to staff,the women living in the halfway house and business clients,with a curfew at 10:00 p.m. The motion failed by a vote of 5 ayes,5 noes and 1 absent. As a result of the motion not receiving 6 affirmative votes the Conditional Use Permit is denied.The applicant does have the right of appeal to the Board of Directors within thirty (30)days of the date of denial,which was July 14,1992. 7 July 14,1992 ITEM NO.:1 -5571 Owner:Southwest Property,Inc. Applicant:W.L.Huffstutlar Location:I-30 and Stanton Road (Southeast Corner) Request:Rezone from R-2 to C-4 Purpose:Office Warehouse and Retail Size:3.35 acres Existing Use:Vacant S OUNDING LAND USE AND ZONING North -I-30 Right-of-Way,zoned R-2 South —Mobile Home Park,zoned R-2 East —Vacant,zoned I-2 West —Commercial,zoned R-2 STAFF ANALYSIS The request under consideration is to rezone the southeast corner of I-30 and Stanton from R-2 to C-4.At this time, the site is vacant and the proposal is to develop the property for office warehouse and retail uses.(C-4 allows both uses by right.)The site has 135 feet of frontage on Stanton Road and approximately 652 feet along the I-30 service road. Zoning is a mixture of R-2,R-5,MF-12,0-3,C-3 and I-2. The property abuts R-2 on the south and I-2 on the east side.The most recent reclassification in the area was toI-2 and involved land directly to the east.Land use in the general vicinity is made up of single family,mobile home parks,office,commercial,a church and industrial.Some of the properties are undeveloped,including the I-2 parcel to the east.Because the area was annexed to the City,a number of the uses are still nonconforming and there is no established land use pattern along either Stanton Road or Doyle Springs Road. Over the years,the City has endorsed a combination of C-3, C-4 and I-2 along the majority of I-30.Therefore,the proposed C-4 reclassification is consistent with the zoning established for properties fronting I-30.In the immediate area,the existing zoning already includes C-3 and I-2. 1 July 14,1992 ITEM NO.:1 Z-5571 Cont. The Geyer Springs East Plan shows the site as part ofoffice/industrial area which extends from Doyle Springs RoadtowestofNationalDrive.Because of existing zoning,staff feels that a C-4 rezoning is appropriate for thelocation,and will not significantly modify the plan's basicdirection.Also,it appears that C-4 will only have aminimalimpact,if any,on the surrounding properties,iftheC-4 is granted. ENGINEERING COMMENTS 1.Stanton Road is classified as a collector and theright-of-way standard is 30 feet from the centerline.Dedication of additional right-of-way will be needed. 2.Any building permit will require all street improvements and the development will have to complywiththeDetentionandExcavationOrdinance. STAFF RECOMMENDATION Staff recommends approval of the C-4 rezoning request. PLANNING COMMISSIO ACT ON:(JULY 14,1992) The applicant was present.There was one interestedresidentinattendanceandsheexpressedsomeconcerns abouttraffic.Staff described the proposed development and saiditwouldprobablygeneratesomeadditionaltrafficinthearea. After some additional comments,it was decided to leave theitemontheConsentAgenda.The Planning Commission voted9ayes,0 nays,1 absent and 1 abstention (Kathleen Oleson)to recommend approval of the C-4 rezoning request. 2 July 14,1992 IT .:2 G-23-17 -OF-WAY ABAN 0 NT NAME:Brookwood Drive LOCATION:Riverdale Addition,South off Cedar Hill Road one block West of Riverfront Drive. OWNER APPLICANT:Marion Burton,Agent ~RE VEST:To abandon the right-of-way and use land with adjacent development. STAFF REVIEW: Prior to staff completion of review the applicant called to request withdrawal.The staff recommends that action without prejudice. PLANNING COMMISSION ACTION:(JULY 14,1992) The right-of-way abandonment was placed on the Consent Agenda for a withdrawal as requested.The Planning Commission voted to withdraw the issue without prejudice.The vote was 10 ayes, 0 nays and 1 absent. 1 PLANNING COMMISSION VOTE RECORD DATE u Ccw awr REAVCAR. MEMBER 2 BALL,RAMSEY V CHACHERE,DIANE V WILLIS,EMMETT v' MCDANIEL,JOHN V a NICHOLSON,JERILYN V V'' OLESON,KATHLEEN Ap,v VONTUNGELN,JIM 0 PUTNAM,BILL y V' WOODS,RONALD y 0 SELZ,JOE H.AA WALKER,BRAD p p v TIME IN AND TIME OUT BALL,RAMSEY l2: CHACHERE,DIANE IZ: WILLIS,EMMETT IZ: MCDANIEL,JOHN 12'ICHOLSON,JERILYN )2'LESON,KATHLEEN l2: VONTUNGELN,JIM IZ'UTNAM,BILL IZ: WOODS,RONALD IZ'ELZ,JOE H. WALKER,BRAD IZ: Meeting Adjourned ~I 7 P.M. AYE ~NAYE A ABSENT ~A ABSTAIN July 14,1992 There being no further business before the Commission,the meeting was adjourned at 2:17 p.m. Date 5-z z S r ar C xr an