pc_07 31 1990LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
MINUTE RECORD
JULY 31,1990
1:00 p.m.
I'oll 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 June 19,1990 meeting were approvedasmailed,
III.Members present:
Martha Miller
Fx ed Pez kins
Rose Collins
Kathleen Oleson
John McDaniel
Joe Selz
Walter Riddick,III
Brad Walker
Members absent:
Stephen Leek
Jerilyn Nicholson
Connie Whitfield
City Attorney —Steve Rowell
REZONING HEARING
TENTATIVE AGENDA
J ULY 31,1990
DEFERRED ITEMS
A.Morgan Short-Form PCD (Z-5341)
REZONING ITEMS
1.Z-1495-A 8501 Asher Ave.R-2 to C-3
2 ~Z-3329-A 7300 Asher Ave.C-3 to C-4
3.Z-4973-A 3021 Cantrel 1 Rd.C-3 to C-4
4.Z-5336-A Kavanaugh Bl vd.8 Newton St.C-4 to C-3
5 ~Z-5346 I-30 &Baseline Rd.R-2 to I-2
6.Z-5347 5700 M.29th R-5 to 0-3
7.Z-5348 g.]6th 5 Leander R-2 to AF
OTHER MATTERS
8 ~Z-5344 2709 Izard St.Special Use Permit for
Day Care Family Home
9,Kanis Road Right-of-way Abandonment
duly 31,1990
StfBDIVISION
ITEM NO.:A FILE NO ~:/-5341
NAME:Morgan "PCD"
LOCATION:Nort.hwest corner of Highway 10 and MorganCemet,ery Ruad,West,uf doe T.Robinson Elementary School
DEVELOPER:ENGINEER:
Carulyn Russell McGetrick EngineeringRealEstat.e
:12819 St..Charles Blvd.11225 Huron LaneLittleRock,AR Litt le Rock,AR(501)221-9944 (501)223-9900
AREA:5.9l acres NO.OF LOTS:3 FT.OF NEW ST.:0
ATONING "R-2"PROPOSED USE "PCD"—"R-2"
PLANNING DISTRICT:Highway 10
CENSUS '1.'RACT:4 2 .05
VARIANCES RE()UESTED:None
STATEMENT OF PROPOSAL:
The coricept fur this project.is a low intensityoffice/financial development,on the Highway 10 frontage lotandtwurearlotsbeingsing'le family residential tracts.The developer a'su attempts to buffer the office site with50wrdeund1sturbedstr'I p 0 i',and un west and nurl hboundaryand[andscape it,on t,he Highway 10 and MorganCemeteryRoadfruritages.
A.PROPOSALjREQUEST:
This pruposal consists of the construction of af1iiaricialbui1dingononelotandcreatingtwoaddit,ional lots for sing1e family houses.
1
July 31,1(j(J0
SUBDIVISION
1 t.em Nu.A (C()nt inured)
B,EXISTING CONDITIONS:
This tract.of land is generally in an undisturbed stat,ewithlargematuret.imber.The principal arterial isHighway10,lying along the south boundary.Joe T.Rubinsun Elementary School is dir'ectly east from thist;1 act.«
C.ENGINEERING COMMENTS:
Provide principal arterial right-of-way for Highway 10(,".)5 f.eet from center line).Development should pl.ovide"in-lieu"cont,ribution for Highway 10 improvemerIt,stIndicatewhat.improvement.s are proposed f'r MorganRuad.
D.ISSUI":.S/LL'GAL /TECHNICAL/DESIGN:
The site plan as submitted conforms to the submissionrequirement,s set,forth in the PUD Ordinance with onlyuneexcepti.on and that being t.he use,which should beclarifiedfurtherthanjustastatementasanOffice/Financial if this is an Office/Bank.It mayverywellincludeuseslikeaninsurancebranch,CPAoffice,et.c.Those kinds of uses may require separat,epr:ivilege licenses,or business licenses,and in ordert,o issue such,the PCD should clarify t.hat.they arepermit,t,ed.
The last i i.em concerning Planning St a f f i s anexplanaf.ion uf additional "long range expansion"useand1t,s pl opose(3 sl ze «
E.ANALYSIS:
The Planning St,aff's review of this plan reveals few,1 f dny~coBlmenj;s conceI n1ng t.lie des 1gn.01 use uf theproject,.It,appears to be a good pro;ject,,well sitedandwelldesigned.Access to the sit.e appears to begoodalongHighway10andMorganCemeteryRoad.
F.STAFF RECOMMENDATION:
The St 8 f f 1"ecommen(is appr'uva 1 0 f t;klE"pr'o J ec t,suk)j ec t;t otliecoBlp1etIonoftheimprovementsdsIecommendedbythePubji(.Murks Department.
2
July 31,1990
SUPj3]VISlON
Item Nu,A (Continued)
SUBDIVISION (:OIiIMITTEE COMMENTS:(July 5,l990)
TI'ie appl I cdnt was pr'esent,Till s mdt t el wds discussedbriefly.MI.MCGetrick indicated that Staff rer.ommendationpreserit,ed no serious prob)em.He agreed to mod i f y coverletterwhichiricjudesfutuleuses.
The discussiuri moved to the requirement.s for improvementsalongHighway10andMorganCemet.ery Ruad.Jerry G".rdner,uf the Public Works Department,~indicated t.hat he would 1'ieeclt0wuikwiththeapplicant,tu determine the status of t heImpruvemellts,The I'ght —0 f —way hd s been ded l cat ed and wl ifulfiI.l Mast,er Street Plan requirements.
VI.ANNI NG COMi81SSlON ACTION:(July 17,1990)
There were two objectors present.Mr.McGetrick wasrepresent.ing t,his application.
The V I.anriing Staf f presented i I;s recommendat ion beirlgapprovaloftherevisedsiteplanwit,h app]icant,I'.umplyingtoHighwayl0landscapearidbufferordiriarice.
Chairmari then asked Mr..McGetrick to present hisappIication.Mr.McGetrick agr'eed with Staff s'commeiidat,ion as preserited.
The Cliai I mari tfien asked f i rs t ob j ec tur present.to expr..esshisconcerns.Mr.Brent,Tyr rel:I s 'ext,door neighborcuricerrisweretrafficcongestiurlsdriddrairiage.
The Chairman t.hen recogni zed another ob;jector present,,Mr.Tum Luvet t e.He i s the prupert y uwner di r..ec t,ly rior..th f rumtfiesubject.,proper t y,H I s conc ei ns wel'e dr a I nage andtIaffic.He also stated,t he lack uf sewage wuuld requir'eseptictankinst,allatiun and the subject property is toosmallforiI;s p.(.acement.
A brief'iscussion then fulluwed involving several of theComm.ssiorier.'s,Object ors,Planning Staf f arid Mr .MCGetrick,primari ly deal ing wi t h drai nage and st ormwat er retent,i on onthesit.e,
3
July 31,1990
SUBDIVISION
Item No.A (Continued)
The Commission then asked Mr.Gardner from Public Works torespondtodrainageissues.Mr.Gardner stated that CitystormwaterDetentionOrdinancewillapplytothissitewhendeveloped.
Commission McDaniel suggested to defer this item for twoweekstoallowadditionaltimetoaddressdrainageproblem.Mr.Tyrrell also requested additional information on gradingandstormwaterretentionissues.
Brief discussion then followed centered on whether this itemshouldbedeferredorbevotedonitatthistime.Applicant states that he cannot change present drainagesituationandheisconvincedthathisdevelopmentwill notincreaseamountofstormwater.He stated that stormwatercomesfromlargerarealocatedsouthofthisproperty.
A motion was made to defer this item for two weeks in ordertoallowMr.McGetrick time to conduct additional study onstormwaterretentionanddrainage.A motion was passed by avoteof9ayes,1 nays,1 absent.
PLANNING COMMISSION ACTION:(July 31,1990)
There were several objectors present.Mr.McGetrick,wasrepresentingthisapplication.The Planning Staff presenteditsaccommodationbeingapprovaloftherevisedsiteplanwhichapplicantcompliancetoHighway10landscapeandbufferordinance.
Pat McGetrick state that he met with neighbors,but thedrainageissuehadnot,been resolved.
Chairman asked Mr.Tyrrell,first objector,to express hisconcerns'e state that his concerns were drainage,damageofresidentialintegrity,traffic and decrease the value ofhishouse,
Chairman then recognized another objector present.Mr.TomLovettstatethathereceivedletterfromCommissionerWalterRiddick,assuring that all the property passedHighway300arezoned"R-2".His concerns were trafficcongestions,spot zoning,and drainage.
4
July 31,1990
SUBDIVlSION
Item No.A (Continued)
The Chairman then asked the next objector present,Nr.BillLessenberry,to present his objection.He stated that hehasbeenlivinginthisareaforelevenyearsandhasatwo-bay car repair shop.His concerns are drainage and traffic.
A brief discussion then followed involving several of theCommissionersandNr.NcGetrick.Mr.NcGetrick state thathisprojectcomplieswithHighway10requirements.He alsosaidthatArkansasTransportationandHighwayDepartmentisplanningtoextendHighway10toafourlanehighwaypastT.J Robinson School next year.
Commissioner then asked Mr.Gardner to explain the waterretentionissue.Nr,Gardner stated that heavy foilagewouldretainmorewaterthanopenspace,but would not makemuchdifference.
A brief discussion followed centered on drainage and waterretentionproblems.
Nr.Lessenberry stated that water comes from southeast andsouthunderHighway10throughconcreteopeningsandflowthroughhisandadjacentproperty.He also added that thewatervolumewasincreasedwhentheschoolwasbuiltandparkinglotwaspaved.
Nr.Tyrrell stated the engineering comments do not base ontruereviewofthatsideandhewouldliketoseemoreresearchapplied.
Commissioner Reddick called question.A motion was made toapprovethisapplicationasrecommendedbyStaff.The votewas3ayes,4 nays,1 abstention,and 3 absent.
{It was noted for the record that this item will be deferredfortwoweeksasBylawRequirementstoAugust14,1990Agenda).
&r
Ju1.y 31,1990
Item No.1 —Z-1495-A
Owner:Church of t.he Nazarene
Applicant,:Donald Irwin
I ocat i on:8501 Asher Avenue (at Manor
Avenue)
Request:Rezone from "R-2"to "C-3"
Purpose:CommercialjOffices for FoodBroker
Size:0.72 acres
Exist,ing Use:Church
SURROUNDING LAND USE AND ZONING:
North —Single Family,Commercial,zoned."C-3"
South —Single Family,zoned "R-2"
East —Single Family,Commercial,zoned "C-3"
Res t,—Vacant.q zoned C-3
STAFF AbIALYSIS:
The request,before t.he Planning Commission is t,o rezone t,heSouthwestcornelofAsherAvenueandManorRoadfrom"R-2"
t,o "C-3".It,is the Staff's understanding that,theimmediateuseisanofficeforafoodbroker,with apossibilityofsomeconversiontocommercialusein thefuture.The site is two lots and has been occupied by achurch.There is one structure on each lot,and bothbuildingsarevacantatthistime.
Zoning along t,his segment.of Asher Avenue is "R-3","R-4",C-3 p and "C-4",with all the commercial properties havingfrontageonAsher.Sout,h and nort,h of Asher Avenue,thezoningisresidential,either "R-2"or "R-4".Land use isverysimilartotheexistingzoningandincludessinglefamily,commercial and the Rosedale Optimist Club.To thesouthoftheproperty,there is an established single familyneighborhood.
1
July 31,1990
Item No.1 —Z-1495-A (Continued)
A commercial reclassification of the site is appropriatebecauseofthelocationandtheexisting"C-3"zoning onthreesidesoftheproperty.Rezoning the sii,e forcommercialand/or office uses,is also reinforced by theBoyleParkDistrictPlan,which identifies the sii,e forcommercialuse.However,staff is somewhat reluctant toendorsethe"C-3"rezoning because of the property'srelationshiptothesinglefamilylottothesouth,andbeingtheentrancetoaresidentialneighborhood.In viewoftheseconcerns,staff is of opinion that "C-1"is bettersuitedforthesouthwestcornerofAsherandManorRoad."C-1"allows the office and provides the property somecommercialpotentialforthefuture.
ENGINEERING COMMENTS:
Dedication of additional right-of-way needed for AsherAvenue,The standard is a total of 90 feet,or 45 feet fromthecenterline.
STAFF RECOMMENDATION:
Staff recommends approval of "C-1"and not "C-3"asrequested.
PLANNING COMMISSION ACTION:(July 31,1990)
The applicant,Donald Irwin,was present.There were noobjectors.After a brief discussion,Mr.Irwin amended therequesi,to "C-1"for the property.A motion was made torecommendapprovalofthe"C-1"rezoning as amended.Themoi,ion passed by a vote of 7 ayes,0 nays,and 4 absent.
2
Ju 1 y 31,1990
Item No.2 —Z-3329-A
Owner:Charles O'ourke
Applicant,:James Farnam
Lucatiun:7300 Asher Avenue (at West 40thStreet,)
Request:Rezone from "C-3"to "C-4"
Purpus e:Auto repair and sales.
Size:0.18 acres
Exist,lrlg Use:Auto repair.
SURROUNDING LAND USE AND ZONING:
North —Single Family and Commercial,zuned "C-3"
Suut,h —Vacant and Single Family,zoned "C-3"East —Commercial,zoned "C-3"
West,—Commercial,zoned "C-3"
STAFF ANALYSIS:
The property in question is located at,the intersection ofAsherAvenueandWest40thStreet,and the request is torezonet,he parcel from "C-3"t,u "C-4".There is a smallbuildingonthissiteand,over the years,it has been usedfur.auto related uses,with the most recent being atransmissionshup.The current proposal is to utilize thelocat,iun for aut,u repair.and sales.Therefore,a "C-4"rezolr i rig is rlecessal y t 0 permi t tile aut o sales wi th opendisplay+
Land use is a mixture of residerrtial,commercial andindustrial.There are also two public uses,a post officefacilit,y and Wilson Elementary School.The residentialneighborhoodsaresituatedtothesouthofAsherandnorthofWest,40th and west.of Blunt Street.At,the northeast,corner of Blunt and West 40th,there is an industrial uset,hat,has had a long hist,ory with t,he city.Zoning in thegeneralvicinityis"R-2","R-3","C-3"and "C-4",which isthetypicalzoningpat.t.em for t.he Asher Avenue corridor.
1
July 31,1990
Item No.2 —Z-3329-A (Continued)
The adopted land use plan for the area,is the Boyle ParkDistrictPlananditshowsthesiteforcommercialuses.The plan does not specify a zoning classification for thecommercialareas,but with the property under consideration,staff feels that the existing "C-3"is the most appropriatezoningforthesite.There are several reasons for thispositionandtheyincludepotentialsiteproblems;thepropertyistoosmallfor"C-4";the dedication ofadditionalright-of-way will impact the property;somedesignproblemswiththeintersection;and the "C-4"district has some restrictions on where outside display canoccur.The site does not lend itself to a "C-4"reclassification,primarily because of the size and the"C-4"rezoning should not be endorsed at this time.
ENGINEERING COMMENTS:
The existing right-of-way for Asher Avenue is deficient andadditionaldedicationwillberequired'ight-of-waystandardforAsheris90feet,or 45 feet from the centerline.
STAFF RECOMMENDATION:
Staff recommends denial of the "C-4"rezoning request.
PLANNING CONi4ISSlON ACTION:(July 31,1990j
Staff reported that the applicant submitted a request towithdrawtheitemwithoutprejudice.A motion was made towithdrawtherezoningwithoutprejudice.The motion wasapprovedbyavoteof8ayes,0 nays,and 3 absent.
2
July 31,1990
Item No.3 —Z-4973-A
Owner:Consolidated Leasing,Inc,
Applicant:Patrick J.Morrison
Location:3021 Cantrell Road
Request:Rezone f rom "C-3"to "C-4"
Purpose:Boat sales and display.
Size:0 '94 Acres
Existing Use:Vacant building.
SURROUNDING LAND USE AND ZONING:
North —Office and Commercial,zoned "0-2"and "I-2"South —Vacant,zoned "C-3"
East —Commercial,"C-3"
West —Single Family,"R-2"
STAFF ANALYSIS:
The issue is to rezone a "C-3"lot at 3021 Cantrell Road to"C-4"~The reclassification is being requested at this timetopermitboatsaleswithopendisplay.There is onebuildingonthesiteandahighpercentageofthelot ispaved.Along the east property line,there is a 20 footdriveandfirelaneeasement,and adjacent to the west lineisa34footeasement.Another physical characteristic thatreducesthesizeoftheusablearea,is a grade differenceonthewestsideofthelot.The high point is the propertyline,which is adjacent to a single family neighborhood.
Over the years,the site has been utilized by a number ofdifferentusers.The initial use was a service station andthepropertyhasbeenusedforautosales.The two mostrecent,uses have been plant sales and a political campaignheadquarters.In 1988,a "C-4"request was filed to permitautoleasingwithoutsidestorage.After several hearings,the rezoning request was withdrawn without prejudice by theplanningcommission.
1
July 31,1990
Item No.3 —Z-4973-A (Continued)
The zoning in the area includes "R-2","R-3""R-5""0-2""0-3","C-3",and "I-2"with the property abutting "C-3"ontwosides.The residential zoning is located to the westandsouth.The existing non-residential zoning is foundnorthofCantrellRoad,with the exception of the "C-3"lotsadjacenttothispropertyonthesouthsideofCantrellRoad.Land use in the general vicinity is single family,multi-family,office and commercial.
Staff views that the proposed use,boat sales and display,as a reasonable option for the property.However,we areconcernedwiththe"C-4"reclassification of the site.Wehaveproblemswithsomeofthe"C-4"uses,such as autosaleswithnodesigncontrol,and the site has some sizeproblemsbecauseof'he depth.In the "C-4"district,noopendisplayispermittedinthefirst20feetofthefrontyardsetback,and this could have significant impact on theuse,especially if right-of-way dedication is required.
To ailow the proposed use and have some restrictions on thesite,the staff is recommending that the PCD process beutilized.A PCD could limit the property to all "C-3"uses,no change from the current status,and the boat sales anddisplay.Also,the site plan would show the property'sdisplayareasandparking,which are critical to thelocation.Some landscaping should be provided and staffalsorecommendsthatthemiddlecurbcutbeclosedaspartofthePCD.(Staff's position for 3021 Cantrell Road isconsistentwiththeproposedPCDfortheautosaleslocationtotheeast).
ENGINEERING COMMENTS:
Cantrell Road is classified as a principal arterial,whichhasaright-of-way standard of 110 feet or 55 feet from thecenterline.The existing right-of-way is deficient sodedicationofadditionalright-of-way will be required.
STAFF RECOMMENDATION:
Staff recommends approval of a PCD for the property and not"C-4"as requested.
2
July 31,1990
Item No.3 —Z-4973-A (Continued)
PLANNING COMMISSION ACTION (July 31,1990)
The applicant,Pat Morrison,was present.There were noobjectorsinattendance.Mrs Morrison said that the partieshewasrepresentingagreedwiththeStaff's recommendations,including moving the fence back to be in line with thebuildinganddedicatingthenecessaryright-of-way foxCantrellRoad.Mr.Morrison made some additional comments,and said that he had worked closely with the staff todevelopareasonablesiteplan.He then amended the requesttoaPCD.
Commissioner Fred Perkins indicated that he was concernedwiththeexistingbillboard,and suggested that the approvedsiteplanshouldnotendorsethebillboard.Steve Rowell,Assistant City Attorney,said that a reference and/or notecouldbeplacedonthesiteplanstatingthattheplandidnotincludethebillboardsJimLawson,Planning Director,said the site plan would have a statement noting that theplanwasnotanendorsement,of the billboard.
Pat Morrison spoke again and asked that some display bepermittedbetweenthefenceandtheright-of-way line.Hesaidsomeadditionalareawasneededbecauseofmo~ing thefenceback.
Comments were then offered by Jerry Gardner,CityEngineering,and Bob Brown,Plans Review Specialist.Mr.Gardner said that a franchise would be required for anyactivityintheright-of-way and discussed the franchiseagreementprocess.Mr.Brown reviewed the plans landscapingandtheordinancerequirements.
There were some discussion about the proposed sign and JimLawsonindicatedthatthestaffwouldprefersometypeofwallmountedsign.Pat Morrison said that the new tenantwantedapolesignof36feetinheight.
Commissioner Brad Walker made some comments and had severalquestionsaboutlandscaping.Bob Brown responded by sayingthatnolandscapingwouldberequiredbythelandscapingordinance.Mr.Brown stated that the proposed landscapingplanmet30to40percentoftheordinancerequirementand afranchisewasneededforanylandscapingintheright-of-way.He also said that one half of the front landscapingcouldbeintheright.-of-way and a 6 foot perimeter stripwastherequirement.Mr.Brown went on to say that hethoughtthattheproposedlandscapingwouldenhancethesite.
3
July 31,1990
Item No.3 —Z-4973-A (Continued)
Pat Morrison discussed the site plan and location.He saidthesitewasrestrictedandtheuserneededasmuchdisplayareaaspossible.
Commissioner Walker said that the site needed morelandscapingandstreetscapingmadeasignificantimpact on acommunity.
Commissioner Perkins commented about the location and thesurroundingarea.
Commissioner Oleson made some comments and said she had someproblemswiththechainlinkfenceinthefront.
Pat Morrison said adequate landscaping was being providedandaskedforanapprovalofthePCD.
Comments were made by various individuals,includingCommissionerWalkerandJimLawson.Commissioner Walkersaidthatlandscapingwasneededfortemporarydisplayareainfrontofthefence.
Pat Morrison added some comments and concluded by sayingthathewaswillingtoworkwiththestaffonalltheissuesandthesiteplan.
A motion was then made to recommend approval of the PCD asamendedwiththefencemaintainingthesamesetbackasabuilding;exterior lighting directed inward and downward;landscaping be provided as shown on the site plan;a footnoteonthesiteplanexcludingthebillboardfromtheapprovedplan;temporary display be allowed outside of thefence;the location of the sign will be negotiated;and thePCDwillbeforall"C-3"uses and the boat sales anddisplay.The vote was 5 ayes,1 nay,4 absent and 1abstention(Kathleen Oleson).The motion failed to receive6votesandtheitemwasautomaticallydeferredtotheAugust14,1990 meeting.
(Some comments were made after the vote)
July 31,1990
Item No.4 —Z-5336-A
Owner:Twin City Bank
Appl1cant,:Richard Alderman
Locat,ion:Kavanaugh Boulevard and NewtonStreet,
Request:Rezone from "C-4"to "C-3"
Purpose:Bank
Size:0,21 acres
Exist.ing Use:Vacant,
SURROUNDING LAND USE AND ZONING:
NO1"t h —Vacant.q zone "C-3
Sout,h —Single family,zoned "R-2"
East —Commercial,zoned "C-4"
West,—Commercial,zoned "C-3"
STAFF ANALYSIS:
This "C-3"request was filed as a result,of Board ofAdjustmentactionontheproperty,In June of this year,Twin City Bank,t,he owner,received a variance from thesetbackrequirementsforanewbranchoffice.(In the "C-4"district,a 45 foot setback is required on each streetside).The approval had several conditions,includingrezoningthe"C-4"area to "C-3".A port,ion of the totalprojecti.s already zoned "C-3".The existing "C-4"wasaccomplishedintheearly1980's through the conversionadjustmentsectionofthezoningordinance.
Property was occupied by a service station t.ype stluct,ure on"C-4"and a Montessori school on the "C-3",Both buildingshavebeenremovedtomal&e way for the new construct.ion,which will be a single building with a drive thru teller8,1 ea.s
Staff feels that a "C-3"reclassificat,ion is more compatiblewiththeneighbolhoodandsupportstherezoning."C-3"conforms t,o the adopted Heights/Hillcrest Plan,and therearenooutstandingissuesassociatedwiththisrequest.
July 31,1990
Item No.4 —Z-5336-A (Continued)
ENGINEERING COMMENTS:
None reported.
STAFF RECOMMENDATION:
Staff recommends approval of "C-3"rezoning as requested.
PLANNING COMMISSION ACTION:{July 31,1990)
The applicant was present.There were no objectors and theitemwasplacedontheconsentagenda.A motion was made torecommendapprovalofthe"C-3"rezoning.The motion passedbyavoteof7ayes,0 nays,3 absent,and 1 abstention(Rose Collins}.
2
July 31,1990
Item No.5 —Z-5346
Owner:B.H.N.Rentals
Applicant:Robert Nuss
Location:I-30 and Baseline Road
Request:Rezone from "R-2"to "I-2"
Purpose:Auto Sales,Auto Repair,Body shopandAnimalClinic
Size:4.176 acres
Existing Use:Auto Sales,Auto Repair,Body shopandAnimalClinic(non-conforming)
SURROUNDING LAND USE AND ZONING:
North —Interstate right-of-way,zone "R-2"South —Vacant and Single family,zoned "C-3"East —Commercial/industrial,zoned "R-2"and "1-2"West —Commercial,zoned "C-3"
STAFF ANALYSIS:
The property in question is zoned "R-2"and occupied byseveralnon-conforming uses,including auto sales,truckrepairandananimalclinic.Due to the nature or the typesofuses,a rezoning to "I-2"has been requested for the 4.2acres.There is approximately 10 structures on theproperty,and the acreage has frontage on both Baseline RoadandtheI-30 frontage road.
Land use in the general area is a combination of single-family,multi-family,commercial and industrial,with theresidentialusesfoundonthesouthsideofBaselineRoad.Zoning is "R-2","C-3","I-2",and PID.
The property in question is the only remaining "R-2"tractbetween1-30 and Baseline Road in that immediate vicinity.The highest percentage of "R-2"is situated south ofBaselineRoadandnorthofI-30.Several of the "C-3"and"l-2"tracts are undeveloped at this time.
Geyer Springs Nest is the planning document which covers theareaunderconsideration.'I'he adopted land use plan showsthesitefor"park/open space"use.lt appears that.this
1
July 31,1990
Item No.5 —Z-5346 (Continued)
land use designation was determined to the most appropriatebecauseoftheneedforpublicopenspaceinthearea,andthelandhasminozwaterwaysontheeastandwestsides.The site is not identified on the Master Parks Plan as anytypeofparkfacility.
Because of the existing development on the property and inthearea,staff is of the opinion that the land use plan issomewhatunrealistic.With "I-2"abutting the site on theeastside,"C-3"on the west and the Interstate to thenorth,an "I-2"reclassification is a reasonable option fortheproperty.Rezoning the 4.2 acres should not have anyadverseimpactontheexistingdevelopmentfoundinthe
arear'ocating
a park south of Baseline Road is moredesirableanditwouldbemoreaccessibletotheestablishedresidentialneighborhood.
ENGINEERING COMMENTS:
Baseline Road is principal arterial and the existing right-of-way deficient.The right-of-way standard is 90 feet,or45feetfromthecenterline.
STAFF RECOMMENDATION:
Staff recommends approval of the "I-2"rezoning asrequested.
PLANNING COMMISSION ACTION:(July 31,1990)
The applicant was present.There were no objectors and therequestwasplacedontheconsentagenda.A motion was madetorecommendapprovalofthe"I-2"rezoning as filed.Themotionwasapprovedbyavoteof8ayes,0 nays,and 3absent.
2
July 31,1990
Item Nu.6 —Z-5347
Owner:Phi Chi House Corporation ofDeltaDeltaDelta
Appl x carlt:Ns.H.E.Wurtsmith,Jr.
Location:5700 West 29th St,rect
Request;Rezone from "R-5"to "0-3"
Purpose:Sorority
Size:0.45 acres
Exist,ing Use:Surorit.y (nun-conforming)
SURROUNDING LAND USE AND ZOlJING:
Nort,h —Single Family,zoned "R-3"
South —Fraternity,zoned "R-5"
East —Vacant and Single Family,zoned "R-5"
West.—UALR,zoned "R-2"
STAFF ANALYSIS:
5700 West.29th Street is current,ly occupied by a soxority,and the plans are to double the size of the existingbui]ding by making an addit,iun to the rear.The lot iszoned"R-5"and surorities are not listed as a permit.ted useint,he "R-5"districts The sorority is non-conforming andthezoningordinarrceprohibitsanyexpansionofausewith anon-conforming sta.tus.Therefore,rezoning tu "0-3"isrrecessarypriortoanybuildirrgpermitbeingissuedfux theIlewconst,x uct,lorr,
The proper t y i s s i tuat ed in the Oak Fores t neighborhood andinanareathathasbeenheavilyinfluencedbyUAI,R.Directly tn the west is the UALR campus,the undevelopedportion,and throughout this ax.ea,t,here are numerous lotsnwnedbyUALR.Land use is single family,multi-family,andothersororitiesorfratexnities.Many of the lots axeva(.ant at this t,ime.Zoning is "R-2","R-3","R-4","R-5",arrd "0-3",
The area south o f West,28 t h arlcl.wes t,o f Fai r Park Bou1 evardhasbeenidentifiedforfuturegrowthbyUALRonvariouslongrangeplans,including the Oak Forest NeighborhuudPlan~The land use elemerxt of the plan suggests that UALR
1
July 31,1990
Item No.6 —Z-5347 (Continued)
concentrate its property acquisition south of West 28th tolessenitsimpactontheneighborhood.The plan shows thisdefinedareaforpublicusesand"0-3"is the appropriatezoningdistrictfortherecommendedlandusepattern.Asororityisthetypeofusethatiscompatiblewiththecollegeenvironment,and the rezoning should not have anyeffectonthesurroundinguses.
ENGINEERING COMMENTS:
The existing rights-of-ways for both West 28th and West 29thStreetsaredeficient.An additional 5 feet of right-of-wayisneededforWest29thandadedicationof10feetisrequiredforWest28th,
STAFF RECOMMENDATION
Staff recommends approval of the "0-3"rezoning as filed.
PLANNING COMMISSION ACTION:(July 31,1990)
The applicant was present.There were no objectors and therezoningwasputontheconsentagenda.A motion was madetorecommendapprovalofthe"0-3"request.The motionpassedbyavoteof8ayes,0 nays,and 3 absent.
2
July 31,1990
Item No.7 —Z-5348
Owner:Robert B.Tice and City of
L i t.t.I e Ro c k
Applicant:City of Little Rock by DougFord
Locat ion:West 16t.h Street and LeanderSt,rect.
Request:Rezone from "R-2"to "AF"
Purpose:Plant mat,erial storage
Size:2.5 acres
Exist,ing Use:Vacant and Plant material
st ol age
StJRROUNDING LAND USE AND ZONING:
North —Vacant,and Rock Creek,zoned "R-2"
South —Vacant,Single Family,zoned "R-2"
East.—Vacant,and Rock Creek,zoned "R-2"
West —Vacant,,Single Family,zoned "R-2"and "MF-18"
S'I'A F ANALYSIS:
The t,wo tracts that are included in this rezoning requestareadjacenttoRockCreek,which is undergoing some majoxchannelimprovements.As a part.of the project,the Cityhasdeterminedthatitwillhav'e to acquire some additionallandintheareafromRobertTice.During the initialdiscussion,Mr.Tice suggested a possible exchange for theparcelthat,t,he City owns at the northeast,corner of West16thandLeander.The City has agreed to Mr.Tice's offerandisproceedingwiththenecessarynegotiations.
Mr.Tice operates a landscaping service/garden center andhispropertyisprimarilyusedfort,he storage of plants andothermaterials.His plans are to utilize the City's landforaddit,ional st.orage and t,he Planning St.aff has determinedthatarezoningto"AF"is necessary.It was also decidedt,o include Mr.Tice's existing operat,ion in the request tothedoawaywiththeproperty's non.-conforming st.atus.Therezoningto"AF"will only recognize the existing use andallowMr.Tice to continue what he is currently doing.
1
July 31,1990
Item No.7 —Z-5348 (Continued)
Should any structures be proposed for either location,aconditionalusepermitwillberequiredbecauseplantnurseriesarelistedasaconditionaluseinthe"AF"district.
Zoning in the general vicinity is "R-2","MF-18","C-3",and"I-2",with the residential south of Rock Creek and the non-residential zoning north of the creek.The existing landuseisverysimilartothezoningpattern.There areseveralparcelsthatareundeveloped,including large "MF-18"tract to the west.
ENGINFERING COMMENTS:
None reported.
STAFF RECOMMENDATION:
Staff recommends approval of the "AF"rezoning.
PLANNING COMMISSION ACTION:(July 31,1990)
The applicant was in attendance.There were no objectorsandtheissuewasplacedontheconsentagenda.A motionwasmadetorecommendapprovaloftheAFrezoning.Themotionwasapprovedbyavoteof8ayes,0 nays,and 3absent.
2
July 31 1990
Item No.8 —Z-5344
Owner:Betty Larkin
Applicant,:Bet,ty Larkin
Locat ion:2709 Izard Street
Request,:Special Use Permit
Purpose:Day Care Family Home (10childrenorless)
Size:0.16 acres
Exist,ing Use:Single Family
SURROUrrDING LAr&D uSE AtID ZONING:
North —Single Family,zoned "R-4"
Sout.h —Single Family,Day Care,zoned "R-4"East -Single Family,zoned "R-4"
West —Single Family.,zoned "R-4"
STAFF ANALYSIS:
The request.for 2709 Izard Street is to grant.a special usepermitforadaycarefamilyhome.The zoning ordinancedefinesadaycarefamilyhomeas:
Any facility which provides child care in a familyset.ting wit.hin t,he care giver's family residence inaccordancewithprovisionsoflicensesproceduresest,ablished by t,he State of Arkansas.This use shallbelimitedtoamaximumof10childrenatanytime,including the care giver's children.The minimumnumberofchildrentoqualifyasrequiringaspecialusepermitis6fromhouseholdsothert,han the caregiver.The use must,obtain a special use permit in allzoningdistrictswheredaycarecentersarenotallowedbyright.
The property is zoned "R-4",and the applicant is proposingtocarefor7to8children.
1
July 31,1990
Item No.8 —Z-5344 (Continued)
The lot is situated in a neighborhood where the primary landuseissinglefamilyresidential.However,there are someotheruses,duplexes and a day care,scattered througout thearea.Zoning of the immediate neighborhood is either "R-3"or "R-4".Along West Roosevelt,2 1/2 blocks to the north,there is some non-residential zoning.
Other than restricting the day care to the operator'sresidenceandthenumberofchildren,the zoning ordinancedoesnotlistanyothercriteriaforadaycarefamilyhome.When reviewing a special use permit,staff looks at the yardareasandsafetyofchildren.With this request,it appearsthat,there is adequate space for outside play.Any outdoorlocationsthatwillbeusedbythechildrenthatarenotalreadyfenced,should be fenced as soon as possible.Also,the play areas are somewhat removed from the street sosafetyshouldnotbeaproblem.The alley or the street canbeusedasanadequatedropoffpoint.
A day care family home is an appropriate use for aneighborhood,and staff supports the request.The use canprovideanneededserviceforanareaandshouldhavenoimpactonthenearbyproperties,
ENGINEERING COMMENTS:
None reported.
STAFF RECONNENDATION:
Staff recommends tha.t the special use permit be granted for2709IzardStreet.
PLANNING COMMISSION ACTION:(July 31,1990)
The applicant was present.There were no objectors and theitemwasplacedontheconsentagenda.A motion was made toapprovethespecialusepermit,for 2709 Izard Street asrequested.The motion passed by a vote of 8 ayes,0 nays,and 3 absent.
2
July 31,1990
Item No.9
Name:A portion of Kanis Road Right-of-way Abandonment.
Location:Kanis Road lying between
Chenal Parkway
Owner/Applicant:James I.Lasley/FloydFulkerson,Agent
Request:To abandon all that portion ofKanisRoadlyingbetweenthesoutheasterlyright-of-waylineofChenalParkwayand thesouthwesterlyright-of-waylineofthenewright-of-waylineofKanisRoad.
STAFF REVIEW:
1.Public Need for This Right-of-Way:
The initial review from other City Departmentsindicatesthatthereisnopublicneedforthis right-of-way.
2.Master Street Plan:
Review of the Master Street Plan indicated no need forthisright-of-way.
3.Need for Right-of-Way on Adjacent Streets:
There exist no right-of-way need for the other abuttingstreets.
4.Characteristics of Right-of-Way Terrain:
The right-of-way to the abandon is physically unusablebutremainsopenontheofficialrecordsintheCityClerk's Office and at the County Court House.
5.Development Potential:
No development potential has been expressed to staffs
1
July 31,1990
Item No.9 (Continued)
6.Neighborhood Land Use and Effect:
A variety of land uses are in close proximity to thisright-of-way to be abandoned.If abandoned,there maybeadverseeffectsonthoseuses.There are severalrenthousesonthelandlyingonthesouthside.
7 ~Neighborhood Position:
No neighborhood position has been received as of thiswriting.One adjacent property owner was notified.
8.Effect on Public Services or Utilities:
No comments have been received from the five utilitycompaniesregardingtheapplicantsrequestforabandonment.
9.Reversionary Rights:
All reversionary rights will be extended equally amongthetwoabuttingpropertyowners.
10.Public Welfare and Safety Issues:
The abandonment of this unused segment of right-of-waywillreturntotheprivatesectoralandareathatwillbeproductivefortherealestatetaxbase.
STAFF RECOMMENDATION:
Staff recommends approval of the right-of-way abandonment asfiled,subject to resolving the questions of access to theadjacentpropertyownersrenthousesonthesouthandreversionaryrights.
PLANNING COMMISSION ACTlON:(July 31,1990)
Floyd Fulkerson was present to represent the applicant.There were two people in attendance to object to theabandonmentrequest,Winfield Martin and Marcus Logue.
2
July 31,1990
Item No.9 (Continued)
Staff informed the Co'mmission that additional problems existwiththeapplicant's application other than meeting thenoticerequirement.Therefore,the applicant and the otherpeoplehadagreedtoatwoweekdeferral.Nr.Fulkerson wasaskedbytheChairwomanifheagreedandhestatedyes.AmotionwasthenmadetodeferthisitemuntiltheAugust14,1990 meeting.The motion passed by a vote of 7 ayes,0 nays,and 4 absent.
3
PLANNING'OMMIS S ION
VOTE RECORD
DATE l
ITEM NUMBERS
ZONItlG SUBDIVISION
MEMBER /as v ~vE9
N.Riddick,III Q P /g ~V /g
Walker Brad Q y ~V
.J ~McDanie1 —+U M ~
Y'.
Mi ler ~v~~~~
J.Nicholson
Selz,Joe v
S.Leek
C.Whitfield
K,Oleson 0 v'
Collins y''v'
V'.
Perkins 0 u
FAYE NAYE 4 ABSENT +ABSTAIN
I
July 31,1990
There being no further business before the PlanningCommission,the meeting was adjourned at 2:45 p.m.
cretary n