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pc_11 17 1992LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD NOVEMBER 17,1992 12:30 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being eight in number. II.Approval of the Minutes of the Previous Meeting The minutes of the October 6,1992 meeting were approvedasmailed. III.Members Present:John McDaniel Diane Chachere Jerilyn Nicholson Kathleen OlesonBillPutnam Jim VonTungeln Brad Walker Ronald Woods Ramsay Ball (arrived after therollcall) Emmett Willis,Jr.(arrived after the roll call) Members Absent:Joe Selz City Attorney:Susan Oswalt LITTLE ROCK PLANNING COMMISSION REZONING HEARING AGENDA NOVEMBER 17,1992 DEFERRED ITEMS: A.Z-5567 Chenal Parkway and R-2,0-2 and Kanis Road C-3 to C-4 ZONING ITEMS: 1.Z-5627 10,016 Chicot Road C-3 to C-4 2.Z-5628 South University Avenue C-3 to C-4 and Mabelvale Pike 3.Z-3271-A Fluid Drive C-3 to I-2 OTHER MATTERS: 4.TREADCO Conditional Use Permit 7510 Fluid Drive(Z-3271-B) November 17,1992 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 family residences,several barns,cabinet shop,a landscaping business (with greenhouses),a bus company and outsidestorage.There are also two billboards and the majority of the south side is undeveloped.It is anticipated that therewillbenoimmediatechangestotheusesiftherezoningis 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 November 17,1992 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 acreage for mixed office and warehouse. 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 the office and warehouse area,but rather to recognize that a type of development could be allowed under certain circumstances and through a carefully reviewed plan.There are a number of C-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 COMMENTS 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 November 17,1992 ITEM NO.:A Z-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 14'992) The applicant,Wingfield Martin,was present.There were noobjectors.Mr.Martin discussed the issue briefly,and thenrequestedadeferraltotheNovember17,1992 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. PLANNING COMMISSION ACTION:(NOVEMBER 17,1992) Staff reported that the applicant had submitted a request towithdrawtheissue.As part of the Consent Agenda,the item was withdrawn without prejudice.The vote was 9 ayes, 0 nays and 2 absent. 3 November 17,1992 ITEM NO.:1 Z-5627 Owner:Chau and Tot Huynh Applicant:Tot Huynh Location:10,016 Chicot Road (at Rebecca Drive) Request:Rezone from C-3 to C-4 Purpose:Auto Repair —Body Shop Size:0.42 acres Existing Use:Commercial SURROUNDING LAND USE AND ZONING North —Single-Family and Auto Sales,zoned R-2 South —Vacant,zoned C-3 East —Single-Family,zoned R-2 West —Vacant,zoned C-3 STAFF ANALYSIS The request for 10,016 Chicot Road is to rezone the property from C-3 to C-4 for auto repair,a body shop.10,016 Chicot Road is located at the southwest corner of Rebecca Drive andChicot,which is situated approximately one-quarter mile north of Mabelvale Cut-off.At this time,the site is occupied by two structures,a car wash and a brick building, which is being used for a laundromat.The property in question was rezoned to C-3 in 1982 as part of the South Central Island annexation (Z-3806). Zoning in the general vicinity includes R-2,R-7,0-1,0-3,C-3 with C-3 land abutting the site on two sides.A majority of the nonresidential zoning was accomplished aspartoftheSouthCentralIslandPlanandannexation.Land use is a mixture of single family,office,commercial, warehousing and a mobile home park.The existing commercial uses are primarily retail or service oriented.There arealsosomenonconforminguses,including a small auto saleslotdirectlyacrossRebecca.Throughout the neighborhood,there are undeveloped parcels and vacant buildings. When the South Central Island Plan was developed,the basicconceptwastorecognizeasmanyoftheexistingusesaspossibleandcreatearationalzoningpattern.Also,aconscienceeffortwasmadetoestablishC-3 as the highest zoning for the neighborhood because it was more compatiblewiththeresidentialuses.Staff determined that it would 1 November 17,1992 ITEM NO.:1 Z-5627 Cont. have been detrimental to the area to rezone certain uses to C-4,and our position has not changed.Rezoning the site under consideration to C-4 would be undesirable and could have an adverse impact on the nearby properties. The adopted plan for the area,Geyer Springs West,shows the property for commercial use and reinforces the zoning plan that was implemented with the adoption of South Central Island Plan.Over the years,the City has maintained the plan's recommended land use and zoning patterns and there is no strong justification to change the direction at this time by supporting the proposed C-4 reclassification. ENGINEERING COMMENTS Dedication of additional right-of-way is required for Chicot Road.The Master Street Plan standard is 45 feet and the existing right-of-way is 37.5 feet.Therefore,7.5 feet needs to be dedicated to satisfy the minor arterial requirement. STAFF RECOMMENDATION Staff recommends denial of a C-4 rezoning. PLANNING COMMISSION ACTION:(NOVEMBER 17,1992) The applicant was not present when this item was first called and it was moved to the end of the agenda.The applicant was still not in attendance when the request wastobeheardbythePlanningCommission.After some discussion,the motion was made to defer the issue to the December 15,1992 meeting.The motion was approved by a vote of 10 ayes,0 nays and 1 absent. 2 November 17,1992 ITEM NO.:2 Z-5628 Owner:Gerald,Dorothy,Gerald,Jr., and Catherine Martindill Applicant:Gregory Hopkins Location:South University and Mabelvale Pike (southwest corner) Request:Rezone from C-3 to C-4 Purpose:Auto Sales and Service Size:1.61 acres Existing Use:Commercial SURROUNDING LAND USE AND ZONING North —Commercial and Auto Sales,zoned C-3 South —Auto Sales,zoned I-2 East —Auto Sales,zoned C-4 and I-2 West —Single-Family,zoned R-2 STAFF ANALYSIS The southwest corner of South University and Mabelvale PikeiszonedC-3,and the request is to rezone the site to C —4forautosalesandservice.At this time,there are two structures on the property.One building is an eating establishment and the other has several commercial uses init.A residence,which faced the intersection of Mabelvale Pike and Greenway Drive,has been removed.The site hasstreetfrontageonthreestreetswitha 190 feet of frontage on South University side.The high point of the property is on Mabelvale Pike side and decreases in elevation from westtoeast. Zoning along this portion of South University is a combination of C-3,C-4 and I-2,with the site abutting I-2 on the south.Across South University,the zoning is C-4 and to the north,the zoning is C-3 and C-4.West of Mabelvale Pike,the area is zoned R-2.Land use includes single family,commercial,a bank,auto sales and service, outdoor sales and a church.As with the R-2 zoning,theestablishedsinglefamilyneighborhood,the MeadowcliffSubdivision,is located west of Mabelvale Pike.In the immediate vicinity,the primary use is auto sales and someservice. 1 November 17,1992 ITEM NO.:2 Z-5628 Cont. The 65th Street West Plan shows the property as part of a linear commercial area that extends along South University to the north and south.The City has endorsed both C-3 and C-4 zoning for the recommended land use pattern.Therefore, the proposed C-4 conforms to the adopted plan and staffs support the reclassification.The C-4 should not impact the residential area because it appears that the existing zoning,which includes I-2,has not created any problems for the nearby residential lots. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the C-4 rezoning as requested. PLANNING COMMISSION ACTION:(NOVEMBER 17,1992) The applicant was present.There were no objectors and the item was placed on the Consent Agenda.The Commission voted 9 ayes,0 nays and 2 absent to recommend approval of the C-4 rezoning. 2 November 17,1992 ITEM NO.'Z-3271-A Owner:James and Helen Pate Applicant:John Rees Location:Fluid Drive Request:Rezone from C-3 to I-2 Purpose:Tire Sales and Recapping Size:5.62 acres Existing Use:Vacant SURROUNDING LAND USE AND ZONING North —Vacant,zoned R-2 South —I-440 Right-of-Way,zoned I-2 East —Office Warehouse,zoned C-3 West —Vacant and Single-Family,zoned R-2 and I-2 STAFF ANALYSIS The request before the Commission is to rezone two lots on Fluid Drive from C-3 to I-2 for a retail and industrialuser.(The lots are part of the River Subdivision.)Aconditionalusepermithasalsobeenrequestedforthe same property because the proposed industrial use,tirerecapping,falls under "industrial uses not listed(enclosed)"which is a conditional use.(See Item No.4 onthisagendafortheconditionalusepermitrequest.)FluidDriveislocatednorthofthePortIndustrialareaandwestofthe1-440/Fourche Dam Pike Interchange.The site is undeveloped and there are a number of pecan trees on it. The property in question was rezoned to a commercialdistrictin1979.The request was initially filed for anindustrialrezoning,however,the Planning Commissiondeniedtheindustrialrequestandsupportedacommercialreclassificationfortheproperty. Zoning in the area is R-2,C-3,I-2,with a majority of thelotswithintheRiverSubdivisionzonedC-3.One lot ispartoftheI-2 area which is found to the west of the siteunderconsideration.The R-2 areas and lots are located tothenorthandwest.Land use includes single family,churches,commercial,office warehouse and an elementary 1 November 17,1992 ITEM NO.:3 Z-3271-A Cont. school.The single family residences are part of the large subdivision which is to the west and northwest of the site. Several of the C-3 parcels are undeveloped as is the largeI-2 area to the west.The land directly to the north is vacant,however,it appears that it has been used as a community ballfield over the years. The Port District Plan shows the property as part of a commercial area that extends from Fourche Dam Pike to the western boundary of the site.Other recommended land uses designated on the plan are single family,public, research/business and light industrial.The plan also recommends a 50 foot buffer adjacent to the residentiallots.After careful review of the proposed rezoning and the plans,staff feels that industrial reclassification is not an unreasonable option for some of the property.This position is reinforced by the fact that the City rezoned a large area to the west,adjoining the residential subdivision,to I-2. The primary issue with a rezoning in this immediate vicinityisprotectingtheintegrityoftheresidentialneighborhood. To insure that any reclassification will not impact the subdivision,a substantial land use buffer is needed. Because of the requested I-2 and the proposed use,staff recommends a 100 foot OS area adjacent to the residentiallotsandthattheOSareaextend100feettothesouth.An OS buffer,approximately 100 by 280 feet in size,would helppreservethelivabilityofthelotstothewestandalso maintain at least one row of pecan trees.The existingtreesarematureandwillactasastrongvisibleseparation between the proposed industrial development and theresidentialuses. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the I-2 with a 100 foot OS areaadjacenttotheresidentiallots.The OS zoning should extend 100 feet south of the lots. 2 November 17,1992 ITEM NO.3 2-3271-A Cont. PLANNING COMMISSION ACTION:(NOVEMBER 17,1992) The applicant,John Rees,was in present.There were threeobjectorsinattendance. Staff informed the Commission that the sign was posted on the site less than the required 30 days because the application was filed late.Therefore,the Commission would need to waive the Bylaws prior to hearing their request. John Rees addressed the application,the sign issue and thenotices.Mr.Rees said the signs were posted around November 7 and the notice were mailed the required 15 daysbeforethehearing.He then asked that the Bylaw requirement be waived.Mr.Rees also asked some questions about the recommended open space area. Terry Burruss,architect for the project,spoke and said the plan could accommodate the 100 foot OS area and discussed the staff's recommendation.Mr.Burruss described the pecan trees on the property and reviewed the site plan. Mr.Burruss said the plan should be able preserve at least one row of trees. At this time,.the Commission took action on the Bylaw requirement for posting the sign.The vote was 6 ayes and 3 nays to waive the Bylaws. Bonnie George,property owner in the Richland AcresSubdivision,presented a petition opposed to the I-2 rezoning.Ms.George said there are problems in the neighborhood and described the area,which includes a school and several churches.Ms.George said she has the most tolosebecauseherlotsaredirectlyadjacenttothesite,andtherezoningwouldlowerpropertyvalues. Mary Lett,a resident in the subdivision,said the neighborhood is having a problem trying to keep it a community.Ms.Lett described the area and the ballfielddirectlynorthofthesiteunderconsideration.She saidtheresidentsarestrugglingtokeepaviableneighborhood. Ms.Lett said she is worried about possible smells from thetirerecapping,and is opposed to the I-2.She also toldtheCommissionthatachurchisinoppositiontotheI-2 rezoning.Ms.Lett said that there is available land intheIndustrialParkfortheuse.Ms.Lett concluded bysayingthatsheisconcernedwithoutsidestorage,noise and traffic. 3 November 17,1992 ITEM NO 3 Z-3271-A Cont Phil Pesek,representing Fluid Components,Inc.,the usertotheeast,spoke in opposition to the I-2 rezoning. Mr.Pesek said there is a big difference between C-3 andI-2.Mr.Pesek also said that the Fluid Components buildingdoesnotdetractfromtheareaandthecompanydoesnotwanttobeinanI-2 area.Mr.Pesek asked the Commission to keep the site C-3 because rezoning it to I-2 would impactthearea. There were some discussion and Commissioner Putnam informedtheCommissionthatFluidComponent's property has been onthemarketforthreeyears. Stan McClellan,Plant Manager for TREADCO in North Little Rock,spoke and said TREADCO only the uses the state of theartforretreading,and they are the largest in the nation. Mr.McClellan described the process as the wet vacuum system and said there is very little noise outside the building and no burning.He said nothing is visible from the outside anddoesnotforeseeanyproblemswiththe100footOSbuffer. Mr.McClellan said they would work to save as many trees aspossibleandthewestsideofthepropertycouldbeprotected.Mr.McClellan went on to say that the existingsiteinNorthLittleRockhashadnocomplaintsfromtheneighborhoodandthefacilityhasrunoutofspace.He toldtheCommissionthatthereisnooutsidestorageandtheyservicetrucktires.Mr.McClellan said the hours ofoperationarefrom6:00 a.m.to 5:30 p.m.,Monday throughFriday,and the company has some retail sales. Terry Burruss spoke again and said the site plan could accommodate the 100 foot OS area and an effort was made tokeepthetruckparkingawayfromtheresidentialarea. Stan McClellan responded to some questions and said theproductiontakesplaceMondaythroughFriday,with theretailsalesonSaturdayfrom8:00 a.m.to 12:00 p.m. Mary Lett told the Commission that the neighborhood is goingtoceaseexistingiftherezoningisgrantedandtheCityneedstoprotectit. Larry Jacimore,representing the owners,said that one lotintheRiverSubdivisionisalreadyrezonedI-2,however,itdoesnotworkfortheproposeduse. There was some discussion about various issues,includingusingthePIDprocessforthesite.Several commissionerssaidthatfutureapplicationsintheareaneededtobedoneasPUDstoprotecttheneighborhood.Staff reminded theCommissionthataPIDisthelong-form process. 4 November 17,1992 ITEM NO.:3 Z-3271-A Cont. John Rees agreed with the PID concept and said it is thebestapproachfortheneighborhood.Mr.Rees then discussed some of the uses allowed in C-3.Mr.Rees then asked the Commission to withdraw the I-2 rezoning and reconsider the request as a PID,with a 100 foot OS area,no outsidestorage,specific hours of operation and no noise. Bonnie George and Mary Lett said they are still opposed totheuse. A motion was made to recommend approval of the PID as requested subject to the conditions stated earlier as tobuffers,trees,hours of operations and all of the otherconditionssetforthintheoriginal1-2/conditional use permit application.Prior to the vote on the motion,there was some discussion on the hours of operation.Staff saidthehoursforproductionaretobe6:00 a.m.to 5:30 p.m., Monday through Friday and retail sales on Saturdays from8:00 a.m.to 12:00 p.m.,with no production.Stan McClellanaskedthattherebesomeflexibilityin the hours andproductionbeallowedonSaturdayfrom6:00 a.m.to12:00 p.m.The Commission voted on the motion,includinqtheadditionalproductionhours.The vote was 9 ayes,1 nay and 1 absent in favor of the motion. 5 November 17,1992 ITEM NO.:4 FILE NO Z-3271-B NAME:TREADCO —Conditional Use Permit LOCATION:7510 Fluid Drive OWNER APPLICANT:James and Helen Pate/John Rees, Agent for TREADCO,Inc. PROPOSAL:To construct a 60,000 square footfacilitytobeusedprimarilyfor the sales and installation of new and used tires,and also for the remanufacturing of old tires (recapping).This proposal is associated with Item No.3,a proposal to rezone this propertyto"I-2"from "C-3". ORDINANCE DESIGN STANDARDS: 1.Site Location This site is located at the end of Fluid Drive which islocatednorthwestoftheintersectionofI-440 and Fourche Dam Pike. 2.Com atibilit with Nei hborhood Although the predominance of the zoning in this area isindustrial,there is still a substantial area of residential immediately adjacent to this site. Directly north of this site is a large tract (approximatelysixacres)of "R-2"zoned property,currently occupied byseveralabandonedandovergrownballfields.North of this"R-2"property is the Badgett School. Directly northwest of this site is Richland Acres Addition, a developed residential subdivision of approximately 200 homes.A portion of Richland Acres is adjacent to the siteinquestion. South of Richland Acres and directly west of the proposed TREADCO site is a large tract of vacant "I-2"property. I-440 is south of this site and a group of "C-3"zoned lotsaretotheeast,only one of which is currently developed. The proposed use appears to be compatible with the area withattentionbeinggiventobufferingtheadjacentresidentialproperty. 1 November 17,1992 ITEM NO.'ont FILE NO 2-3271-B 3.On-Site Drives and Parkin The site plan,as submitted,shows 66 parking spaces,noneofwhichareindicatedashandicap.There is a large pavedareaeastofthebuildingwhichtheapplicanthasindicatedwillbeutilizedastruckmaneuveringarea.Circulation andparkingareadequate. 4.Screenin and Buffers The property is currently an old pecan orchard,withapproximately100maturetreesonit.The site plan,assubmitted,shows no screening or buffers.There is adequateareasetasideforbuffersandlandscapingontheplan. The "R-2"zoned property to the north and to the west mustbescreenedandbufferedfromthisproject.The "C-3"zonedpropertytotheeastmustalsobescreenedandbufferedfromthisdevelopment.The last row of pecan trees,on the westside,should be saved and included in the required buffer.The buffer ordinance requires that a 6 foot opaque screenextendtheentirelengthofthispropertywhereitisadjacenttothe"R-2"and "C-3"zoning. 5.Cit En ineer Comments Install sidewalk for the length of the property adjacent toFluidDrive.Indicate handicap parking spaces. 6.Utilit Comments There are none at the time of this writing. 7.A~1 On the whole,this proposal appears good.Special attentionmustbegiventocomplyingwiththelandscapeandzoningbufferordinancestoadequatelyprotecttheadjacent"R-2"and "C-3"zoned properties The applicant has indicated that.there will be an area ofoutsidestorageoftires.This area needs to be indicatedaswellasanyproposedscreeningofthestoragearea. 8.Staff Recommendation Staff recommends approval subject to compliance with theCityEngineer's comments and the City's landscape and zoningbufferordinancetoadequatelyscreentheadjacent 2 November 17,1992 ITEM NO.:4 Cont.FILE NO.:Z-3271-B properties of lower zoning designations.Staff also recommends that the last row of mature pecan trees on the west be saved.As this plan indicates more than required parking,the applicant could redesign the west parking lot to save these trees. PLANNING COMMISSION ACTION:(NOVEMBER 17,1992) This item was withdrawn by the Commission,merged with Item No.3 (Z-3271-A)and refiled as a PID. The vote on the motion to withdraw this item was 9 ayes,0 noes, 1 absent and 1 abstention (Oleson).For further information,see File No.Z-3271-A). 3 PlANNING COMMISSION VOTE RECORD DATE NO 'I I 1 CaN SMT ~.C~DA ~REC~umF- MEMBER z.1 BALL,RAMSEY v'HACHERE,DIANE v v'ILLIS,EMMETT A v.V MCDANIEL,JOHN NICHOLSON,JERILYN V OLESON,KATHLEEN e'ONTUNGELN,JIM PUTNAM,BILL V WOODS,RONALD v''ELZ, JOE H.A A A A WALKER,BRAD TIME IN AND TIME OUT BALL,RAMSEY CHACHERE,DIANE WILLIS,EMMETT (g A&I 05 A A MCDANIEL,JOHN NICHOLSON,JERILYN OLESON,KATHLEEN VONTUNGELN,JIM PUTNAM,BILL WOODS,RONALD SELZ,JOE H.A WALKER,BRAD I Meeting Adjourned I 'M P.M. ~AYE ~NAYE ~ABSENT 4~ABSTAIN November 17,1992 There being no further business before the Commission,the meeting was adjourned at 1:45 p.m. Se e ary a'rman