pc_01 02 1996LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
MINUTE RECORD
JANUARY 2, 1996
9:00 A.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being eleven (11) in number.
Ii. Approval of the Minutes of the Previous Meeting
The Commission approved the minutes of the November 14, 1995
Planning Commission meeting by a unanimous vote.
III. Members Present:
Members Absent:
Diane Chachere
Herb Hawn
Ramsay Ball
Bill Putnam
Doyle Daniel
Suzanne McCarthy
Mizan Rahman
Ron Woods
Larry Lichty
Sissi Brandon
Pam Adcock
None
City Attorney: Cindy Dawson
LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
AGENDA
JANUARY 2, 1996
I. DEFERRED ITEM
A. Z-5452-A
II. REZONING ITEMS
1. Z-591-A
2. Z-3673-B
3. Z-6070
4. Z-6076
5. Z-6083
6. Z-6084
2322 Bragg Street
4942 W. Markham St.
10100 Mabelvale Pike
3319 Barrow Road
3800 Baseline Road
East side of Cooper Orbit
Road; north of Spring
Valley Manor
Northeast corner of
West 36th St. and
Shackleford Road
R-4 to O-1
0-3
to
C-3
R-2
to
C-4
R-3
to
C-3
R-2
to
C-1
R-2
to
MF-18
R-2 to C-3
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REZONING AGENDA
1�* JANUARY 2,1996
--- 1.16 — — —
January 2, 1996
ITEM NO.: A Z-5452-A
Owner:
Applicant:
Elijah Hampton
Elijah Hampton
Location: 2322 Bragg Street; northwest
corner of East 24th Street and
Bragg Street (I-30 Frontage
Road)
Request: Rezone from R-4 to 0-1
Purpose: Office use
Size: .15± acres
Existing Use: Frame residential structure
currently classified as
"unsafe and vacant" by Housing
Code Enforcement Office
SURROUNDING LAND USE AND ZONING
North - Single -Family residence; zoned R-4 and Vacant
lot; zoned 0-1
South - Office and Commercial uses, zoned I-2 and
old VA Hospital site; zoned PCD and R-4
East - I-30 Right -Of -Way
West - Vacant lot; zoned R-4
ENGINEERING COMMENTS
Dedicate 5 feet of right-of-way for East 24th to bring to
commercial street right-of-way standard. Dedicate a 20 foot
radial area at the intersection of Bragg and East 24th.
Other ordinance requirements will be discussed at time of
permit, if plans include expansion or construction. Off-
street parking with access to 24th and AHTD permit for work
in I-30 Right -Of -way will be required.
LAND USE ELEMENT
The site in question is located in the Central City
District. The adopted Land Use Plan recommends Single
Family use. The request is for Quiet Office. There is an
existing 110-1" parcel to the north and since these lots
front onto the interstate, Staff is willing to consider
alternative uses. A Mixed Use classification would allow
January 2, 1996
ITEM NO.: A Z-5452-A (Cont.)
nonresidential uses as long as they are in keeping with a
single family character.
STAFF ANALYSIS
The request before the Commission is to rezone this .15±
acre lot from R-4 to 0-1 for an unspecified office use. The
property consists of a typical residential lot occupied by a
single story, frame residential structure which is in
extreme disrepair. The structure has been classified as
"unsafe and vacant" by the City's Housing Code Enforcement
staff.
The property is located at the extreme southeast perimeter
of a large residential neighborhood which extends to the
north and west. The I-30 Right -Of -Way abuts this property
on the east and the property actually fronts on the
interstate frontage Road at the Roosevelt Road exit. Across
24th Street, to the south, is a large area of nonresidential
uses and zoning ranging from PCD to I-2.
It is the applicant's contention that the structure is
beyond the point where it is financially feasible to repair
it for continued residential use. He proposes to zone it 0-
1 which would allow the property to be used for an office.
Staff is unclear if the applicant proposes to convert the
existing structure into an office or remove it and construct
a new building.
The area standards provided in the 0-1 Quiet Office district
anticipate that office uses will be located in established
areas of the city and in close proximity to apartments and
other residential uses. Height, area and off-street parking
regulations are designed to assure that office uses will be
compatible with adjacent residential uses.
The Central City District Land Use Plan reflects the
existing use and recommends single family for the site.
There is an 110-1" site one lot north of this property and
since these lots front onto the interstate, staff is willing
to consider alternative uses. A change in the Plan from
residential to mixed use would allow nonresidential uses as
long as they are in keeping with a single family character.
Staff believes the 0-1 reclassification to be a reasonable
request for this site.
STAFF RECOMMENDATION
Staff recommends approval of the requested 0-1 zoning and of an
amendment to the Central City District Land Use Plan to mixed
use for this site.
E
January 2, 1996
ITEM NO.: A Z-5452-A (Cont.)
PLANNING COMMISSION ACTION: (NOVEMBER 14, 1995)
The applicant was not present. There were no objectors
present. Staff informed the Commission that the applicant
had not mailed the required notices and recommended that the
item be deferred to the January 2, 1996 Commission meeting.
The item was placed on the Consent Agenda and approved for
deferral to the January 2, 1996 Commission meeting. The
vote was 9 ayes, 0 noes, 1 absent and 1 abstaining
(Chachere).
PLANNING COMMISSION ACTION: (JANUARY 2, 1996)
The applicant, Elijah Hampton, was present. There were no
objectors present. Staff presented the item and recommended
approval of the requested 0-1 zoning and of an amendment to
the Central City District Land Use Plan to Mixed Use for the
site.
The item was placed on the Consent Agenda and approved by a
vote of 11 ayes, 0 noes and 0 absent. The vote also
approved the Land Use Plan Amendment.
3
January 2, 1996
ITEM NO • 1 Z-591-A -
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Randall Smyly
Rett Tucker
4942 West Markham Street
Rezone from 0-3 to C-3
Unspecified commercial/retail
development
.54± acres
Two-story office building
SURROUNDING LAND USE AND ZONING
North - Multifamily dwellings; zoned R-3 and R-5
South - War Memorial Park; zoned R-2
East - Single -Family Dwelling; zoned 0-3
West - Restaurant and Parking Lot; zoned C-3 and R-3
ENGINEERING COMMENTS
Dedicate 10 feet of right-of-way on North Jackson to bring
to one half of commercial street right-of-way standard.
Dedicate right-of-way on West Markham so that property line
is 35 feet from centerline. Dedicate a 20 foot radial area
at intersection.
With construction: Widening of North Jackson to 18 feet
from centerline and the reconstruction of the street turning
radius to 31.5 feet and a review of access to either street
and the impact on the traffic will be necessary.
Improvements on Markham could be requested. Sidewalks will
need to be brought into conformance with ordinances.
LAND USE ELEMENT
The site is located in the Heights/Hillcrest District. The
adopted Land Use Plan recommends Office. The request is for
Commercial zoning. The City has consistently rejected
changing the office corridor along Markham. Staff cannot
recommend changing city policy at this time.
January 2, 1996
ITEM NO.: 1 Z-591-A (Cont.)
TAFF ANALYSI
The request is to rezone this property, totaling .54± acres,
from 110-3" General Office to "C-3" General Commercial. The
property currently contains a two-story brick office
building and approximately 40 space parking lot. No
specific development has been proposed for the site.
The property is located on the southern edge of the large
Hillcrest residential neighborhood. Along the north side of
Markham Street, in this area, uses and zoning range from
single family homes zoned R-3 to convenience stores zoned
C-4. War Memorial Park is located across Markham Street to
the south. Although the uses in the area are somewhat
varied, the commercial zoning is for the most part clustered
in a small node on the north side of Markham, one block
either side of Van Buren. Staff does not support extending
the commercial zoning east of Jackson Street. The Wendy's
restaurant site, located two lots east of this property, was
zoned C-3 after a protracted legal battle resulting in an
Arkansas Supreme Court ruling.
The Heights/Hillcrest District Land Use Plan recommends
office for properties on the north side of Markham, east of
Jackson and west of Cedar Street. The City has consistently
supported maintaining this portion of Markham Street as an
office corridor. Staff cannot support a change to
accommodate this proposed commercial zoning.
STAFF RECOMMENDATION
Staff recommends denial of the requested C-3 zoning.
PLANNING COMMISSION ACTION: (JANUARY 2, 1996)
The applicant, Rett Tucker, was present. There were no
objectors present. Staff presented the item and recommended
denial of the requested C-3 zoning.
Mr. Tucker addressed the Commission. He requested that the
item be deferred to the January 30, 1996 Commission meeting.
Mr. Tucker stated that he wished to amend the application to
a PD-C.
A motion was made to defer the item to the January 30, 1996
Commission meeting. The motion was approved by a vote of
10 ayes, 0 noes, 0 absent and 1 abstaining (Daniel).
K
January 2, 1996
ITEM NO.: 2 Z-3673-B
Owner: Carmo, Inc.
Applicant: Christopher McKinney
Location: 10100 Mabelvale Pike
Request: Rezone from R-2 to C-4
Purpose: To make the existing use
conforming and allow the
construction of mini -storage
facility.
Size:
1.98± acres
Existing Use: The first 100± feet nearest
Mabelvale Pike is occupied by
a nonconforming auto paint and
body shop. The remainder of
the 700± foot deep tract is
wooded and undeveloped.
SURROUNDING LAND USE AND ZONING
North - Single -Family
South - Single -Family
East - Single -Family
West - Single -Family
ENGINEERING COMMENTS
residence;
zoned
R-2
residence;
zoned
R-2
residence;
zoned
R-2
residence;
zoned
R-2
Mabelvale Pike is a minor arterial according to the Master
Street Plan and the right-of-way required is 90 feet (45
feet from centerline). Dedicate an additional 15 feet of
right-of-way. The present street width is 10.5 feet from
centerline and there is open ditches without a sidewalk.
With construction:
Construct proper drive and parking. Contribute in -lieu
contribution equal to 15% of the cost of improvements or the
cost of widening the road to 30 feet from the centerline
with sidewalk. A grading permit may be required with
construction.
LAND USE ELEMENT
The site is located in the Geyer Springs West District. The
adopted Land Use Plan recommends Single Family. The request
January 2, 1996
ITEM NO.: 2 Z-3673-B (Cont.)
is for Commercial. The majority of the area is Single
Family and to change to Commercial in this location would
lead to Strip Commercial along Mabelvale Pike. Staff cannot
recommend changing the adopted Plan at this time.
TAFF ANALYSI
The request is to rezone this 1.98± acre tract from "R-211
Single Family residential to "C-4" Open Display Commercial.
A nonconforming auto paint and body shop occupies the
portion of the site adjacent to Mabelvale Pike. The
remainder of the property is wooded and undeveloped. The
applicant requests C-4 zoning to make the existing use
conforming and to allow for the future construction of a
mini -storage facility on the site.
The property is located in an established residential
neighborhood. All properties in the immediate vicinity are
zoned R-2 and occupied by single family homes. Allowing the
proposed C-4 zoning would have a detrimental effect on the
adjacent residential properties.
The Geyer Springs West District Land Use Plan recommends
Single Family for this site. A small commercial node is
recognized farther south of this property, at the
intersection of Mabelvale Pike and Mabelvale Main. Allowing
commercial at this site could potentially lead to stripping
Mabelvale Pike with Commercial zoning. Staff cannot support
changing the Plan to accommodate the proposed Commercial
zoning.
STAFF RECOMMENDATION
Staff recommends denial of the requested C-4 zoning.
PLANNING COMMISSION ACTION: (JANUARY 2, 1996)
David Henry was present representing the applicant. There
were numerous objectors present. Letters and a petition
objecting to the rezoning had been presented to the
Commission. Staff presented the item and recommended denial
of the requested C-4 zoning.
Mr. Henry addressed the Commission and asked that the item
be deferred to allow for further review of the Land Use
Plan. He stated that the applicant desired to rezone the
property to accommodate the construction of a building to
house a cabinet shop. Mr. Henry suggested that the
application might be amended to provide an OS zoned buffer.
0a
January 2, 1996
ITEM NO.: 2 Z-3673-B (Cont.)
Acting Chairman Ball asked Mr. Henry if the proposed use was
not a mini -storage business. Mr. Henry responded that mini -
storage was originally proposed but that the applicant now
wanted to build a cabinet manufacturing business behind the
existing body shop.
In response to a question from Commissioner Adcock, Mr.
Henry stated that there had been nonconforming businesses in
the building since the property's annexation into the City.
Charlie Staggs, of 9990 Mabelvale Pike, spoke in opposition
to the C-4 zoning. He asked the Commission to keep the
property zoned R-2.
Acting Chairman Ball asked Mr. Staggs if there was room for
discussion about alternative uses for the property. Mr.
Staggs responded that he did not believe so.
Commissioner McCarthy urged the neighbors to meet with the
applicant.
Elizabeth Peel, of 10010 Mabelvale Pike, spoke at length in
opposition to the C-4 zoning. She questioned why the
applicant had changed the proposed use from mini -storage to
a cabinet shop. Ms. Peel then stated that the applicant had
parked vehicles in front of the rezoning sign to block
persons from seeing it.
In response to a question from Commissioner Hawn, Dana
Carney of the Planning Staff, discussed the effect of
nonconformity and its limits on the use of the site.
David Henry again stated that the applicant desired a
deferral to allow an opportunity to address some concerns
which had been raised by the neighbors.
George Niblock, of 9901 Mabelvale Pike, addressed the
Commission in opposition to the C-4 zoning. In response to
a statement by Mr. Niblock, Mr. Henry stated that he wanted
to get involved with his client and the neighborhood to see
what could collectively be developed to improve the site.
Commissioner Adcock then made a motion to defer the item to
the February 13, 1996 Commission meeting with the
understanding that the two parties meet to discuss the
proposal.
Mr. Henry asked about deferring the item for a longer time.
Mr. Carney responded that there was a possibility of the
Commission changing its meeting date and time. He stated
that the item should be deferred no longer than the next
scheduled rezoning hearing which was February 13, 1996. Mr.
Henry stated that he intended to meet with the neighbors and
hoped to have the issues resolved by February 13, 1996. If
3
January 2, 1996
ITEM NO.: 2 Z-3673-B (Cont.
that is not possible, Mr. Henry stated that an additional
deferral might be necessary.
Commissioner Brandon stated that it was important that those
persons present be made aware of any meeting.
Commissioner Putnam briefly discussed the nonconforming
status of the site. He stated that he agreed with the
deferral but urged Mr. Henry to be prepared to discuss the
nonconforming use of the site.
A second was then made to the motion to defer the item.
In response to a question from Mr. Niblock, Mr. Henry stated
that he would set up a meeting.
John Underhill, representing his parents who live across
Mabelvale Pike from the site, addressed the Commission. Mr.
Underhill stated that the operators of the body shop had
expressed a desire to relocate. He reminded the Commission
that the issue before them was a C-4 zoning request.
Ms. Peel again addressed the Commission in opposition to the
C-4 zoning. Commissioner Woods stated that the applicant
would probably not get the C-4 zoning. He stated that the
applicant wanted a deferral to meet with the neighbors and
to perhaps amend the application.
Louise Winkler, of 10113 Mabelvale Pike, addressed the
Commission. She stated that the body shop was parking
wrecked vehicles on the site. She asked the Commission to
maintain the site's nonconformity.
Jerry Peel, of 10010 Mabelvale Pike, spoke in opposition to
the C-4 zoning. He described problems that he had with the
existing business on the site.
(At this point, the Commission took a brief recess.)
Theo Blacklock, of 10007 Mabelvale Pike, spoke in opposition
to the rezoning request. She stated that the property had
been an eyesore since the building was first constructed.
Mrs. Blacklock urged the Commission to keep the property
zoned R-2.
Commissioner Lichty stated that he was opposed to the
rezoning and to the idea of deferring the item.
Commissioner McCarthy concurred.
A vote was taken on the motion to defer the item to the
February 13, 1996 Commission meeting. The motion was
approved by a vote of 7 ayes, 4 noes and 0 absent.
4
January 2, 1996
ITEM NO.: 3 Z-6070
Owner: Guy and Beverly Wade
Applicant: Guy and Beverly Wade
Location: 3319 John Barrow Road
Request: Rezone from R-3 to C-3
Purpose: Unspecified commercial
development
Size: .30± acres
Existing Use: Single-family residence
SURROUNDING LAND USE AND ZONING
North - Single -Family residence; zoned C-1
South - Beauty shop and vacant lots; zoned C-3
East - Vacant lot; zoned R-3
West - Single -Family residence; zoned R-3
ENGINEERING COMMENTS
The current right-of-way line is 38.27 feet from the
centerline of John Barrow, Master Street Plan Right -of -Way
is 45 feet from centerline. Dedicate additional right-of-
way or seek a waiver from the Board of Directors.
West 34th Street right-of-way is currently 40 feet.
Commercial streets require 60 feet, dedicate an additional
10 feet of right-of-way.
With Construction: Provide adequate off-street parking and
drives per ordinances. This lot is too close to
intersection to permit a drive location onto Barrow Road.
The new driveby ordinance is to be 100 feet from Barrow
Road. Construct sidewalk and ramps for 34th Street. Street
improvements for 34th to commercial street standards will be
required. Existing street is a 21 foot chipseal and should
be 36 foot curb and gutter.
LAND USE ELEMENT
The site is located in the Boyle Park District. The adopted
Land Use Plan recommends Low Density Multifamily. The
request is for Commercial use. Staff agrees that the land
use plan should be reviewed in this location. A
January 2, 1996
ITEM NO.: 3 Z-6070 (Cont.)
neighborhood planning committee has been working to develop
a policy plan for the area, and staff would like to work
with this committee to determine how the plan should be
amended.
STAFF ANALYSIS
The request is to rezone this property from "R-311 Single -
Family residential to "C-3" General Commercial. The
property consists of one single family residence occupying
two lots. No specific use has been proposed by the
applicant. The property is the only one on the east side of
Barrow Road, between 32nd and 36th Streets, which is not
zoned commercial. Adjacent property to the north is zoned
C-1 and properties across 34th Street to the south are zoned
C-3. It would appear that allowing some nonresidential use
of the property would be reasonable.
The Boyle Park District Land Use Plan currently recommends
low density multifamily for the site. The Plan does not
recognize much of the commercial zoning along Barrow Road,
between 33rd and 36th Streets. Staff feels that the Plan
should be reviewed in this area. A neighborhood planning
committee has been working to develop a policy for the area.
Staff would like to work with this committee to determine
how the Plan should be amended.
STAFF RECOMMENDATION
Staff recommends that this item be deferred to the February 13,
1995 Commission meeting to allow for further review of the
Boyle Park District Land Use Plan in this area.
PLANNING COMMISSION ACTION:
(JANUARY 2, 1996)
The applicant was not present. There were no objectors
present. Staff presented the item and recommended that the
item be deferred to the February 13, 1996 Commission meeting
to allow for further review of the Boyle Park District Land
Use Plan. It was noted that the applicant had agreed to the
deferral.
The item was placed on the Consent Agenda and deferred to
the February 13, 1996 Commission meeting with a vote of
11 ayes, 0 noes and 0 absent.
2
January 2, 1996
ITEM NO.: 4 Z-6076
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Estate of Herman B. Page and
Ethel E. Page
Ramona Ball
3800 Baseline Road
Rezone from R-2 to C-1
Unspecified commercial
development
.64± acres
Single-family residence
SURROUNDING LAND USE AND ZONING
North - Single -Family residence; zoned R-2
South - Single -Family residence and nonconforming
veterinary clinic; zoned R-2
East - Nonconforming auto repair garage; zoned R-2
West - Vacant lot; zoned R-2
ENGINEERING COMMENTS
The right-of-way for Community Road is not shown, 30 feet of
right-of-way from centerline is required for commercial
streets. Baseline Road requires 45 feet from centerline
with a 20 foot radial dedication at the intersection.
With Construction: Provide adequate off-street parking and
drives per ordinances. The existing drive will be
acceptable as shown on Baseline Road. A new drive onto
Community by ordinance is to be 100 feet from Baseline Road.
Construct sidewalk and ramps for Community Road. Street
improvements for Community Road will be required to
commercial street standards. Existing street is a 18 foot
chipseal and should be 36 foot curb and gutter.
LAND USE ELEMENT
The site is located in the Geyer Springs East District. The
adopted Land Use Plan recommends Mixed Residential. The
request is for Commercial use. After review of the area,
Staff believes it is appropriate to amend the Plan to allow
January 2, 1996
ITEM NO.: 4 Z-6076 (Cont.)
Office use in the area. Currently, there is an Office use
area to the west. This use pattern should be continued east
to Community Road for the first 200 feet north of Baseline
Road.
STAFF ANALYSIS
The request is to rezone this .64± acre tract from "R-21,
Single Family residential to "C-1" Neighborhood Commercial.
The property currently contains a one-story, single family
residence. No specific development has been proposed for
the site.
The property is located in an area that is predominately
zoned R-2. The properties in the immediate vicinity contain
uses ranging from single-family homes to nonconforming
businesses such as an auto repair garage and a veterinary
clinic. An elementary school and a neighborhood alert
center are located diagonally across Baseline Road to the
southeast. A large area of undeveloped 0-3 property is
located approximately 400 feet west of the site.
Much of Baseline Road has developed nonresidentially and
staff believes it is appropriate to consider a
nonresidential use for this property. There is single
family residential property adjacent to the north of this
site and staff questions whether commercial zoning is
appropriate. Office zoning may be more compatible with the
adjacent residential use.
The Geyer Springs East District Land Use Plan currently
recommends Mixed Residential for this site. After review of
the area, staff believes it is appropriate to amend the Plan
to Office. This can be accomplished by expanding the
existing Office which is to the west of this site. The
Office pattern should be extended east to Community Road for
the first 200 feet north of Baseline Road.
No specific development or use is proposed for the site.
The property is in the estate of Herman and Ethel Page. The
family desires to sell the property and is seeking a higher
classification to facilitate a sale.
STAFF RECOMMENDATION
Staff recommends denial of the requested C-1 zoning. Staff
recommends that the property be zoned 0-3 and that the Geyer
Springs East District Land Use Plan be amended to Office.
E
January 2, 1996
ITEM NO.: 4 z-6076 (Cont.)
PLANNING COMMISSION ACTION: (JANUARY 2, 1996)
The applicant, Ramona Ball, was present. There was one
objector present. Staff presented the item and recommended
denial of the requested C-1 zoning. Staff recommended that
the property be zoned 0-3 and that the Geyer Springs East
District Land Use Plan be amended to Office for this site.
Ms. Ball addressed the Commission in support of her
application. She stated that the property was in her
parents' estate and that the heirs wanted to dispose of it.
Ms. Ball stated that it was difficult to keep the home
rented due to the house's close proximity to Baseline Road.
Ms. Ball made note of the many non-residential uses along
this portion of Baseline Road. She stated that a business
would be a more preferable use of the property than a
boarded up house.
Larry Daniel, of 8806 Community Road, addressed the
Commission. He stated that he lived adjacent to the site
and that he was opposed to the proposed C-1 zoning. Mr.
Daniel stated he was not opposed to 0-3 zoning.
Milton Anderson, of 8722 Community Road, spoke in support of
the C-1 zoning. He presented a letter from the Upper
Baseline Neighborhood Association which urged approval of
the commercial zoning request.
In response to a question from Commissioner Chachere, staff
stated that there were very few single family residences
left on the north side of Baseline Road.
In response to a question from Acting Chairman Ball, Ms.
Ball stated that no particular use was proposed for the
site. She stated that she felt the site was not an
appropriate office location and she again described other
commercial uses in the area.
Commissioner Adcock asked if C-2 was an appropriate zoning
for the site. Dana Carney, of the Planning Staff, responded
that the C-2 Shopping Center District required a minimum
site area of 5 acres.
In response to a question from Commissioner Lichty, Ms. Ball
stated that she had reviewed the list of allowable uses in
the 0-3 district but that she felt the C-1 district allowed
more uses that would facilitate a sale of the property.
Commissioner Lichty noted that the 0-3 district allows uses
other than offices.
Commissioner Hawn stated that he was
effect of the zoning on the neighbor
property. He noted that the neighbor
concerned about the
adjacent to Ms. Ball's
had agreed to 0-3
3
January 2, 1996
ITEM NO.: 4 Z-6076 (Con
zoning. Ms. Ball responded that she did not want to do
anything detrimental to the neighbor.
Acting Chairman Ball told Ms. Ball that the Commission
seemed to be expressing concern about the C-1 zoning and
offered her the opportunity to amend the application.
Commissioner Putnam stated that 0-3 zoning was not feasible
for this site. He stated that he felt the proposed C-1
zoning would not impact the neighborhood.
Jim Lawson, Director of the Department of Neighborhoods and
Planning, urged the Commission to adhere to the Land Use
Plan and to deny the requested commercial zoning.
Commissioner Lichty stated that he could not support
commercial zoning for the site, not knowing what the
proposed use might be.
In response to a question from Commissioner Putnam, Cindy
Dawson of the City Attorney's Office stated that the
applicant could offer to restrict the list of permitted uses
within a particular zoning classification.
Acting Chairman Ball then offered Ms. Ball the opportunity
to either amend the application or accept a vote on the C-1
request. Ms. Ball stated that she was amending her
application to 0-3.
Commissioner Rahman reminded Ms. Ball that she could come
back to the Commission with a planned development
application if a particular commercial use is proposed for
the site.
A motion was made to approve the application as amended to
0-3. The motion was approved by a vote of 11 ayes, 0 noes
and 0 absent. The vote also approved an amendment to the
Geyer Springs East District Land Use Plan to Office for this
site.
4
January 2, 1996
ITEM NO.: 5 Z-6083
Owner: John L. Burnett, Trustee
Applicant: J. E. Hathaway, Jr.
Location: East side of Cooper Orbit
Road, north of Spring Valley
Manor
Request: Rezone from R-2 to MF-18
Purpose: Development of apartment
project
Size: 31± acres
Existing Use: vacant, wooded property
SURROUNDING LAND USE AND ZONING
North - Undeveloped woodland; zoned R-2
South - Single -Family homes; zoned R-2
East - Undeveloped woodland; zoned R-2
West - Undeveloped woodland; zoned R-2
ENGINEERING COMMENTS
Cooper Orbit is a collector and dedication of right-of-way
to the horizontal curvature and tangent distance set forth
in the Master Street Plan is required. Those requirements
are 450 foot horizontal curves with 200 foot tangent
distances between curves.
With construction:
One half street improvements to frontage with sidewalks to
collector street standards. Base flood information will be
required with grading and excavation permits. Stormwater
detention analysis will be required. Other ordinance
requirements will be noted at time of permits.
LAND USE ELEMENT
The site is located in the Ellis Mountain District. The
adopted Land Use Plan recommends Single Family. The request
is for Multifamily use. Though the site is along a
collector, Staff cannot at this time support a density
increase in this location.
January 2, 1996
ITEM NO.: 5 Z-6083 (Cont.)
STAFF ANALYSIS
The request is to rezone this 31± acre tract from "R-2"
Single Family residential to "MF-18" Multifamily
residential. The property is wooded and undeveloped and the
terrain is fairly rugged. No specific multifamily
development has been proposed. MF-18 zoning would allow
multifamily residential structures not to exceed 18 units
per gross acre.
The property is outside of but adjacent to the western city
limits. It is within the City's extraterritorial zoning and
subdivision jurisdiction. Most of the property in the
immediate vicinity is wooded and undeveloped although a
single family residential subdivision is adjacent to the
south.
No specific development has been proposed and staff
questions the wisdom of such a density increase for this
site.
The Ellis Mountain District Land Use Plan recommends single
family for the site. A single family residential
neighborhood is adjacent to the south. A substantial
realignment of Cooper Orbit Road is required to conform to
the Master Street Plan. Staff doubts the terrain could
support a development of the density proposed.
Staff believes it would be more appropriate for the
applicant to approach the Commission with a specific
developmental proposal which might address these concerns.
STAFF RECOMMENDATION
Staff recommends denial of the requested MF-18 zoning.
PLANNING COMMISSION ACTION:
(JANUARY 2, 1996)
James Hathaway was present representing the application.
There were two objectors present. Staff presented the item
and informed the Commission that the applicant had requested
that the item be deferred to the March 12, 1996 Subdivision
Hearing to allow him an opportunity to address those issues
raised by Staff. It was noted that the request for deferral
was not received 5 working days prior to the public hearing
and that a waiver of the Bylaws would be required.
Jamie Brown, of 11 Manor Circle, and Wayne Elkins, of 12
Vista Drive, each expressed opposition to the proposed
multifamily zoning. Mr. Elkins stated that he was concerned
2
January 2, 1996
ITEM NO-:_ 5 Z-6083 (Con
about protracted deferrals "wearing down the opposition."
Each stated that they were not opposed to this deferral.
A motion was made to waive the Bylaws. The motion passed by
a vote of 11 ayes, 0 noes and 0 absent.
A motion was made to defer the item to the March 12, 1996
Commission meeting. The motion was approved with a vote of
11 ayes, 0 noes and 0 absent.
3
January 2, 1996
ITEM NO.: 6 Z-6084
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Harry T. Fuller and
Walter Isgrig
Pete Hornibrook
Northeast corner of West 36th
Street and S. Shackleford Road
Rezone from R-2 to C-3
Unspecified commercial
development
11.9± acres
Vacant, wooded land
SURROUNDING LAND USE AND ZONING
North - Undeveloped woodland; zoned MF-12
South - Vacant land; zoned R-2
East - Our Way Living Center; zoned R-2
West - Vacant lot, zoned C-3; Vacant Commercial
Building, zoned C-4; Nonconforming
Office -Warehouse Complex, zoned R-2
ENGINEERING COMMENTS
36th and Shackleford Road are minor arterials with 45 feet
of right-of-way from centerline required. 36th will require
a right -turn lane, therefore, additional 12 feet of ROW
required for this right -turn lane.
With construction:
30 foot of pavement required from centerline of Shackleford
Road with a sidewalk. 30 feet of pavement and the right -
turn lane are required for 36th Street. The right -turn lane
is to have 150 feet of stacking space and a 100 foot taper,
see page 12 of the master street plan. A sidewalk is also
required. Stormwater detention analysis will be required.
A grading permit shall be obtained prior to construction.
LAND USE ELEMENT
The site is located in the I-430 District. The adopted Land
Use Plan recommends Public Institutional use. The request
January 2, 1996
ITEM NO.: 6 Z-6084 (Cont.)
is for Commercial use. while staff is willing to consider
alternative land uses to Public, Commercial is not
appropriate at this time. Multifamily would appear to be a
more appropriate change of use.
STAFF ANALYSIS
The request is to rezone this 11.9± acre tract from "R-211
Single Family residential to "C-3" General Commercial. The
property is currently undeveloped and wooded. No specific
commercial development has been proposed.
The zoning pattern in the area is varied, ranging from R-2
to C-4. Uses in the immediate vicinity are mixed, including
such uses as single -wide mobile homes, vacant commercial
buildings, churches and an office warehouse complex.
Although there are a variety of nonresidential uses in the
area, the commercial zoning has been restricted to the west
side of Shackleford Road. A small cluster of commercial
properties is located at the northwest corner of 36th and
Shackleford. The proposed Summit Mall PCD is also located
on the west side of Shackleford Road, northwest of this
site. East of Shackleford Road the area takes on a more
residential character. Uses to the east include the Our way
residential living center, single family homes and churches
which are permitted in residential zones with a conditional
use permit.
The I-430 District Land Use Plan recommends Public
Institutional use for this site which is reflective of the
Our way and United Cerebral Palsy sites adjacent to the
east. while staff believes it is appropriate t consider
alternative uses to Public/Institutional, Commercial zoning
is not proper for this site. A transition zoning such as
multifamily would be better to progress from the Commercial
zoning on the west side of Shackleford Road to the
residential uses east of the site.
STAFF RECOMMENDATION
Staff recommends denial of the requested C-3 zoning.
PLANNING COMMISSION ACTION: (JANUARY 2, 1996)
The applicant, Pete Hornibrook, was present. There were no
objectors present. One letter supporting the commercial
zoning had been presented to the Commission. Staff
presented the item and a recommendation of denial of the
requested C-3 zoning.
P"
January 2, 1996
ITEM NO.: 6 Z-6084 (Con
In response to a question from Commissioner Adcock, staff
noted that Shackleford Road formed a boundary between the
existing commercial zoning and the residential uses which
extend eastward into the John Harrow Neighborhood. Staff
also noted that no specific use had been proposed for the
site; that the request was for C-3 zoning directly adjacent
to a residential development.
Commissioner Daniel stated that he was opposed to
multifamily on this site but that he could support
commercial development if it provided needed services to the
residents of the Our Way complex adjacent to the east. He
stated that he could not support C-3 zoning with no specific
development being proposed.
Mr. Hornibrook addressed the Commission in support of his
application. He presented a map of the area and noted other
commercial properties in the area. Mr. Hornibrook made
reference to the letter from the executive director of
United Cerebral Palsy voicing support for the commercial
rezoning. Mr. Hornibrook stated that it was appropriate to
zone the site C-3 which would allow for the development of a
strip commercial center. He then listed several
neighborhood service type uses which might go in such a
center.
Commissioner Woods asked if those same uses might not also
go in if the property were zoned C-2. Mr. Hornibrook
responded that they would. He stated that he had no problem
with amending the application to C-2 and coming back to the
Commission with a site plan.
Commissioner Woods stated that he supported some type of
commercial development at this location but that he wanted
to see a specific development rather than a straight C-3
rezoning.
Commissioner Lichty asked Mr. Hornibrook if he had any
discussions with the people at United Cerebral Palsy about
potential development of the site. Mr. Hornibrook responded
that he had discussed development of the site as a strip
shopping center containing such uses as a cleaners, pharmacy
and grocery store.
Commissioner Hawn asked Staff how long it had been since the
Land Use Plan had been reviewed in this area. Dana Carney,
of the Planning Staff, responded that the Land Use Plan in
this area had been reviewed very recently due to other
rezoning requests in the area. Commissioner Hawn stated
that he felt it was important to stick to the plan unless
there is a compelling and overriding reason that the Plan
needs to be revised.
Mr. Hornibrook responded that the Plan is not set in stone
and that it should be used as a guideline.
3
January 2, 1996
ITEM NO.: 6 Z-6084 (Cont.)
Jim Lawson, Director of the Department of Neighborhoods and
Planning, made reference to the letter which had been sent
by United Cerebral Palsy. In that letter, he noted, OCP
voiced support for development of a "neighborhood shopping
facility that would be an enhancement to individuals
residing in this area." Mr. Lawson noted that the
application was for C-3 zoning, not C-1 zoning which would
accommodate a neighborhood shopping facility. He noted the
difference in uses allowed in the two zones. Mr. Lawson
noted the vacant commercial property across Shackleford Road
and the relationship of this site to adjacent residential
properties.
Commissioner Putnam noted that Mr. Hornibrook had stated he
would accept C-2 zoning which requires site plan review.
Mr. Lawson responded that C-2 does have site plan review but
that it does not control the uses.
Mr. Lawson stated that C-1, C-2 and C-3 zonings are
appropriate when the Plan indicates so; but that in some
cases, a more sensitive approach must be taken.
Mr. Hornibrook and Mr. Lawson then discussed the
relationship of the site to residential properties in the
area.
Mr. Hornibrook stated that he would be willing to amend his
application to either C-2 or C-1.
Acting Chairman Ball then confirmed with Mr. Hornibrook that
the application had been amended to C-2.
In response to a question from Commissioner woods, Mr.
Hornibrook stated that he did not have a plan to submit as a
planned development and asked the Commission to approve the
requested C-2 zoning.
In response to a question from the Commission, Staff noted
that the Kensington Place and John Barrow Neighborhood
Associations had been notified of the C-3 zoning request.
No opposition to the request had been received.
After a discussion of the various uses allowed in C-2 and
C-3, Commissioner Lichty stated that it was not the
Commission's responsibility to guarantee an applicant a
profit.
There was then further discussion of the appropriateness of
zoning the site C-2 with site plan review.
Mr. Lawson then reiterated that the C-2 site plan review
required conformity with minimum standards only.
4
January 2, 1996
ITEM NO.: 6 Z-6084 (Cont.)
Acting Chairman Ball then brought the item to a vote as
amended to C-2. The vote was 0 ayes, 10 noes, 0 absent and
1 abstaining (Putnam). The request was denied.
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January 2, 1996
There being no further business before the Commission, the
meeting was adjourned at 12:06 p.m.
Date Z - _/