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pc_09 17 1998LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD SEPTEMBER 17, 1998 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being eleven (11) in number. II. Members Present: Craig Berry Herb Hawn Bill Putnam Rohn Muse Hugh Earnest Larry Lichty Judith Faust Pam Adcock Richard Downing Mizan Rahman Obray Nunnley, Jr. Members Absent: None City Attorney: Steve Giles LITTLE ROCK PLANNING COMMISSION REZONING AND PLANNING HEARING I. DEFERRED ITEM: A. LU -98-15-03 II. PLAN ISSUES 1. LU -98-02-02 AGENDA SEPTEMBER 17, 1998 4:00 P.M. A Land Use Plan Amendment in the Geyer Springs West Planning District at Johnson Lane east of Heinke Road from Single Family to Services Trades District. A Land Use Plan Amendment in the Rodney Parham Planning District on Markham Center Drive and Natural Resources Drive from Suburban Office and Single Family to Commercial and Suburban Office. 2. LU -98-18-02 A Land Use Plan Amendment in the Ellis Mountain Planning District at the northwest corner of Bowman and Kanis Roads from Mixed Office Commercial to Office and Commercial. III. REZONING ITEMS: 3. Z-6552 4. Z-6553 5. Z-6554 IV. OTHER ITEM: 6. Z-6555 18600 Cantrell Road R-2 to 0-1 and 0-3 4000 Asher Avenue C-3 to C-4 NW Corner of Kanis R-2 to 0-3 and Bowman Roads and C-3 Moore Manufactured Home Conditional Use Permit located at 8504 Mabelvale Pike v, Oo ZSAW L w ` w Y o a Y w w m Y do ¢ N V b70y n r w > ct H U O O M Y Z � OC\O o 6 Y N F � Q o w 1^�a� w o a X _ o ��ts oby E NO1lIWVH 005 N > SSN/btl S - a N co w � NkidS 1 3.\3Sco O W U `lVl W Y t� 3l m4 Y i o t - _ m Z o � �r r E O4U o o w O o m w ww ¢ 3 z o W O r^ V, 0 v Z 4y � �i b00 Ob1S U OR0 J 00¢ U 2 Z fpPR a O a4 Z� Y4 mJ�J J02g { y 3 �o�o QL September 17, 1998 ITEM NO.: A FILE NO.: LU98-15-03 Name: Land Use Plan Amendment - Geyer Springs West Planning District Location: Johnson Lane east of Heinke Road Request: Single Family to Service Trades District Source: Bobby Jones PROPOSAL / REQUEST: Land Use Plan amendment in the Geyer Springs West Planning District from Single Family to Service Trades District. Service Trade District provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. This district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Unit Development is required for any development not wholly office. CURRENT LAND USE AND ZONING: The property and all surrounding areas are currently zoned R2 and shown as single Family on the Land Use Plan. The site is approximately one-half acre in size. RECENT AMENDMENTS: November 4, 1997, numerous plan amendments in the Chicot West I-30 South, but none in the immediate area of this proposed amendment. MASTER STREET PLAN: Johnson Lane is a residential street. Heinke Road, located to the west is shown as a Collector street on the Master Street Plan. The proposed South Loop lies just to the north of this application. BACKGROUND• This area was included in the Chicot West I-30 South Neighborhood Action Plan that was adopted in November 1997. The neighborhood plan, which made numerous land use plan and zoning changes, kept this area as single family. While the neighborhood plan has stated that there is a desire to September 17, 1998 ITEM NO.: A (Cont.) FILE NO.: LU98-15-03 attract more light industrial uses to the area and four areas were changed to Light industrial on the plan to attract development, this was not one of those areas. Johnson Street is a two lane paved street with open ditches. At the split, Johnson Street and Johnson Lane are gravel drives. Johnson Lane is officially dedicated to the city. Johnson Lane is a cul-de-sac off Johnson Street, which is a cul-de-sac east of Heinke Road. Neither Johnson Street nor Johnson Lane is sufficient to carry any business traffic that would be generated by the mini -warehouse use. As stated before, this proposed site is totally surrounded by Single Family and Johnson Lane is a residential local street and is shown as such on the Master Street Plan. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Rolling Pines. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (August 6, 1998) The applicant asked for a deferral in order to change his application. The planning commission approved his request for deferral with a vote of 8 ayes, 0 nays and 3 absent. STAFF UPDATE: Since the deferral of the item, the applicant has amended his application from Service Trades District with a proposed use of mini -warehouse to Mixed Use with a proposed use of a "wood working shop and store". Mixed Use provides for a mixture of Residential, Office and Commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. In addition to the woodworking shop and store, noted on his sketch and letter, the applicant has future plans for a small apartment for himself. This request is consistent with Mixed Use. The change in the application does not change Staff's recommendation. See attached letter from Norm Floyd, Advocate for the Preservation of the Chicot West/I-30 South Neighborhood Plan. His letter states that he is against the proposed development for three reasons. Staff has also received one call in opposition. VFa September 17, 1998 ITEM NO.: A (Cont.) FILE NO.: LU98-15-03 PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) Brian Minyard of Staff presented the item to the commission. Bobby Jones, the applicant, spoke of improvements to the property and briefly of the project. Troy Laha, Chairperson for Southwest Little Rock United for Progress, spoke against the application. He spoke against home business with more than two customers per day and in support of the I-30 South Chicot West plan that was adopted last year. Janet Berry, of Legion Hut Neighborhood Association, spoke that they would oppose anything that would create additional traffic even though the home based business of a wood working shop would not be opposed. Jim Lawson, spoke that if he lived in a home and worked out of a garage, it would be a home occupation. He stated that this is a separate piece of property for a separate use and therefore is not a home occupation and therefore a Land Use item. Staff could not be opposed to home occupation because one can do that by right. Commissioner Rahman asked for dimensions of the lot. Brian Minyard of Staff answered. Mr. Jones stated that he wanted to build a shop and a small house on tract D and further explained the subdivision of the land. Commissioner Muse asked the applicant if there were other avenues to sell his products. Mr. Jones stated that he had been making his products on site and had been written up by zoning enforcement for making the lawn ornaments. He continued that Dana Carney of Staff told him to ignore the write up. Mr. Carney clarified that he stated that the commission at the hearing would work out the items. Commissioner Muse asked of the applicant if the reason for developing is to have a storefront. Mr. Jones stated the storefront was a small part, the manufacturing would be the major use. The majority of retail uses would be elsewhere. Commissioner Hawn stated that the issue was Land Use and this is a small tract of land. 7 September 17, 1998 ITEM NO.: A (Cont.) FILE NO.: LU98-15-03 Mr. Minyard stated that this area was included in the Chicot South I-30 West Neighborhood Plan that was adopted in November 1997. Commissioner Hawn questioned the location of the South loop in relation to the site. Commissioner Adcock asked what was allowable in Mixed Use. Brian Minyard gave a definition of Mixed Use. Commissioner Putnam asked if it was acceptable to the applicant to not have retail on site. Mr. Jones stated that was okay. He further questioned if we were going to penalize someone trying to make a living. Chairman Lichty stated that Staff has presented an option with another approach in relation to his residence. Commissioner Faust asked to explain how Mixed Use was determined. Mr. Minyard explained the history of the application, the deferral, and the change of the application categories. Discussion followed concerning the phasing of the shop, residence and retail uses. Dana Carney stated that in R-2 zoning, the principal use must be a single- family dwelling. There is not a house on the property. Jim Lawson stated that the applicant should withdraw from the agenda and agree to within a year of the time he builds his shop that he build an apartment and live there. He then can operate it without any zoning change or land use plan change. The applicant needs to say if one year will be enough time. If he does not sell them on site, there is no issue. Chairman Lichty asked why staff did not go over this with him before. Jim Lawson stated that it was not that simple. The original application was for commercial and the Planning Commission will not allow mini -warehouse without a plan change. Chairman Lichty told Mr. Jones that "it appears that your application for a plan change is in deep trouble... There is no problem with staff and this commission with you having a home occupation, but first you have to have a home. You have to use what you are living in now, or build something. With that in mind, would you like to withdraw your application?" Commissioner Putnam wanted to point out that Mr. Lawson stated that within a year's time that he needed to build a house. Mr. Jones stated that "I think that will work fine." Motion was made to withdraw and was passed with a vote of 11 ayes, 0 noes and 0 absent. 4 Bobby L. Jones, Agent for: Minnie L. Johnson, 8902 Johnson Lane, Mabelvale, Ar 72103 City of Little Rock, Planning & Development Division, 723 W. Markham St., Little Rock, Ar 72201-1334 Attn: Mr. Brian Minyard, Planner II 8/7/98 Dear Mr. Minyard: As per our conversation at the Planning & Rezoning Meeting on 8/6/98, there has been a change in the type of structure that I want to erect on Tract "D" of the Land Use Plan Amendment (LU98-15-03) on Johnson Lane (East of Hienke Road in the Geyer Springs West District.) I no longer wish to build a "mini -storage facility" on that property, and now want to construct a "woodworking shop & store" which will be known as: YARD NOTIONS, INC. Attached, you will see an impromptu drawing of the proposed building. The dotted lines on the East end of the structure is what I call an "expansion area" in case I someday want to build a small apartment for myself to live in. Also attached, you will find a few pictures of some of the items I plan to wild in the shop and sell in the sore. Be advised that I no longer wish the area to be rezoned into a Service & Trades District, but I am unable to determine precisely what category the new proposal should be called. Possibly, it should be a Cottage Industry, since I may live there someday, and since I only live 100 yards from the proposed site. I just don't know, but I will work with you on this determin- ation and try to come up with a proper land use designation. Will you please send a copy of this letter and the attachments to those people who have expressed opposition to my former mini -storage plans? I think my new idea will be more pleasing to them. Everyone loves lawn orna- ments, and that is the entire idea of my new shop plans. I will specialize in building - entirely out of wood - projects such as: birdhouses, butterfly houses, windmills, wishing wells, planters of all sizes and shapes, and a new product called "shadows" which are simply black silhouettes of various animals and figures. These products will be professionally made and priced resonably for resale. I will be the only employee at the shop until I get an inventory built, but at some later date, I may wish to employ one helper and one storekeeper7salesperson. I sincerely hope you will help me get my new plan approved. I an out of work at the present time because I have a number of disabilities, including asbestosis, which prevent me from doing the kind of work I was trained for early in life, which is Boilermaker Welding and Pipefitting. But I am also an excellent carpenter and woodcraftsman and believe I can support myself and my aging mother with my new plans. Thank you for your continuing support in my endeavors. Si er ly Yours, +W'L?-:"Jone C WITA�� �GN�Si �qe1 fjaµ,Sr SCrPcE: 157h- Fgi2cd,� C,r4� v�Ec✓ GocF C=am nsC W,C,.D -D A261 PINE ;ate O i 64PAUS;1 RIMA t 5. r ao . -'QAC j ` D fl � O �f C ` Ht°4 v r�, -'QAC j ` D t � PARTS ,{ l i } lar, c4 as n P 1 3 to ! •• • r CYD72...Silent Night �A Half the beauty of this eyecatching yard t #SH15display is in the simplicity of it's design. Watering ' s t This six piece, self standing Lady` project features tab &slot u� )� construction and no detail painting. N,_ + (49" tall) #SH44 #SH45 $12.95 Santa (6 ;rtau) $9.95 r T ''^4 w n x �� September 17, 1998 ITEM NO.: 1 FILE NO.: LU98-02-02 Name: Land Use Plan Amendment - Rodney Parham District Location: Markham Center Drive Request: Suburban Office and Single Family to Commercial and Suburban Office Source: The Mehlburger Firm PROPOSAL / REQUEST: Land Use Plan amendment in the Rodney Parham Planning District from Suburban Office and Single Family to Suburban Office and Commercial. Suburban Office provides for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. Commercial includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Prompted by this Land Use Amendment request, the Planning Staff expanded the area included in the amendment an area immediately to the east of Natural Resources Drive. This area has been partially developed as office. The property in the expanded area is currently zoned 0-1 and shown as Single Family on the Land Use Plan. This expansion would acknowledge the existing uses and zoning of the area. CURRENT LAND USE AND ZONING: The property is currently zoned 0-3 and is approximately 1.8 acres in size. Two existing hotel/motels are located to the south of the site and are shown as Commercial on the Land Use Plan and have either a PCD or an 0-2 CUP. To the north, east and southeast, lie various office buildings in Suburban Office category and zoned 03. This site, as well as the other two hotel/motels, faces the I-430 freeway. The expanded area is currently zoned 0-1 with R-2 to the north and east and C-3 to the south. Single Family lies to the east of the expanded area and Office lies to the north. An existing area of Suburban Office lies to the south and Commercial to the southwest. RECENT AMENDMENTS: May 20, 1997, a change from Office to Commercial on area along the north side of Chenal Parkway between Bowman and Autumn Roads. September 17, 1998 ITEM NO.: 1 (Cont.) FILE NO.: LU98-02-02 June 18, 1996, a change from Single Family to Park/Open Space on two lake/recreation areas in Twin Lakes. A change from Suburban Office to Single Family on the area from 16th and 22nd Streets west of Aldersgate Road. A change from Multifamily to Mixed Office on the area west of John Barrow Road and north of Tanya Drive. December 19, 1995, a change from Office to Commercial on area northwest of the Kanis/Shackleford intersections. February 7, 1995, a change from Office to Mixed Office Commercial on area south of Chenal Parkway and west of Hermitage Road. August 2, 1994, a change from Single Family to Multifamily on east of Reservoir Road and north of Grassy Flat Creek. MASTER STREET PLAN: Markham Center Drive is shown as a local street on the plan and is built with a 36, cross section. BACKGROUND: This site is one of the last sites to be developed in the area. As shown on the graphic, the lot immediately to the south is shown as Commercial. This land use change would be a logical expansion of the commercial to this one last lot. The lots to the north and east are already built, and therefore the chance of commercial spreading any further north or east is a mute point. This change would be an extension of the existing node of the motel/hotels to the immediate south. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Leawood, Sturbridge, Colony West, Echo Valley, Treasure Hills, Sante Fe Heights, Pennebrook, Beverly Hills, Walnut Valley, Rainwood Cove and Pleasant Valley. Comments were received from two owners in the expanded area in support of the change. One phone call was received form an adjoining neighbor in opposition to the change. STAFF RECOMMENDATIONS: Staff believes the changes are appropriate acknowledging the existing use and zoning of the expanded area and to expand the existing Commercial area north per the original application. 2 September 17, 1998 ITEM NO.: 1 (Cont.) FILE NO.: LU98-02-02 PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) This item was placed on the consent agenda and was approved with a vote of 11-0-0. 3 September 17, 1998 ITEM NO.: 2 FILE NO.: LU98-18-02 Name: Land Use Plan Amendment - Ellis Mountain District Location: Kanis and Bowman Roads - northwest corner Request: Mixed Office Commercial to Office and Mixed Office Commercial to Commercial Source: Dickson Flake PROPOSAL / REQUEST: Land Use Plan amendment in the Ellis Mountain Planning District at the northwest corner of Kanis and Bowman Roads from Mixed Office Commercial to Commercial and Mixed Office Commercial to Office. The current Land Use Plan recommends Mixed Office Commercial provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. Commercial includes a broad range of retail and wholesale sales of products, personal a professional services and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. Office represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices, which support more basic economic activities. CURRENT LAND USE AND ZONING: The property is currently zoned as C-3 and R-2, comprised of approximately 8.8 acres, and is shown as Mixed Office Commercial on the Land Use Plan. Sam's and Walmart, shown as Commercial on the Land Use Plan and zoned C-3 lay immediately north of the site. To the northeast of the site is a shopping center, currently under construction, which is zoned C-3 with a Land Use shown as Commercial. Diagonally southeast of the site across Kanis is a liquor store and vacant land zoned C3 and MOC land use. South of the site, across Kanis, are mini -warehouse and general business zoned R2 and shown as Transitional on the Land Use Plan. Vacant undeveloped land lies to the east that is zoned R-2 and shown as MOC on the Land Use Plan. RECENT AMENDMENTS: May 20, 1997, a change from Office to Commercial on the north side of Chenal Parkway between Bowman and Autumn Roads. September 17, 1998 ITEM NO.: 2 (Cont.) FILE NO.: LU98-18-02 January 16, 1996, a change from Low Density Residential to Suburban Office in an area east of Bowman Road, north of Sandpiper Subdivision, and south of Kanis Road. December 19, 1995, a change from Multi Family to Mixed Office Commercial southeast of the intersection of Kanis and Bowman Roads. December 19, 1995, a change from Office to Commercial for an area northwest of the Kanis and Shackleford Road intersection. February 7, 1995, a change from Office to Mixed Office and Commercial south of Chenal Parkway and west of Hermitage Road. MASTER STREET PLAN: Both Kanis Road and Bowman Road are shown as Minor Arterials on the plan. Both streets are currently two lane roads with open ditches. The Planning Commission recommendation for Kanis Road west of Bowman is an enhanced two-lane road. BACKGROUND: While this is a developing area of Little Rock, concerns have been voiced as to the intensity of development in the area. Over the last several years, parcels along Chenal Parkway have changed from office and multi -family to commercial. The planning commission just approved a land use recommendation for this site as Mixed Office Commercial as part of a larger study of Kanis Road which left the intensity of development on this site at the present level. The Rock Creek Neighborhood Plan has completed preliminary recommendations and states that they agree with the Kanis Land Use recommendations and wants any commercial development to be reviewed with a PZD. Both of these studies desire no increase in intensification on the site. It is reasonable with the existing zoning pattern to have an office or mixed development, as shown on the plan, for this site. There are some available sites for commercial development in the area either already zoned such or shown on the Land Use Plan. The Planning Commission recently denied an amendment of MOC to Commercial at the northeast corner of Kanis and Bowman Roads. With increased activity in the area, traffic congestion continues to build. With the enhanced two-lane roadway, any intensification of land use would be detrimental. 2 September 17, 1998 ITEM NO • 2 (Cont.) FILE NO.: LU98-18-02 NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Parkway Place, Gibraltar Heights/Timber Ridge/Point West, Sandpiper, Spring Valley Manor, and Birchwood. Staff has received one comment from a neighbor of a neutral nature. STAFF RECOMMENDATIONS: Staff does not support the change. PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) Brian Minyard of Staff presented the item and explained the changes to the application through time. Dickson Flake, the applicant spoke further of the application. He stated that he represented Mr. and Mrs. Jerry 'Hoot' Gibson, Dr. and Mrs. Richard Brantley, and Randy Bynum. He referenced his plans and maps and spoke of a proposed furniture store. He explained that the commercial areas would front onto Bowman Road with entrances and exits onto Kanis and Bowman. He read the Current Land Use and Zoning section of the staff report to the commission. He continued to speak of previous land use actions in the area, traffic concerns, and the proposed step down of commercial uses on his site. Commissioner Berry asked of Public Works about a capital project intended to widen Kanis between Shackleford and Bowman. Bob Turner of Public Works stated that there is not, it is one of the un -funded needs. The intersection at Kanis and Bowman is funded and will construct left turn lanes. Commissioner Berry made an observation that the Planning Commission turned down an application across the street and continued about the reality of Mixed Office Commercial versus Commercial. Commissioner Putnam asked about elevations adjacent to Kanis Road. Joe White, engineer, stated that the rise is about 15 feet. He continued that the office floor would have to be about 10 feet higher than existing. Commissioner Putnam stated that they had drifted into layout and design while trying to make a decision on a land use plan. He proposed to Staff that if you closed the ingress and egress on Kanis Road and put all the traffic out on Bowman, have you accomplished what you had planned to accomplish? 3 September 17, 1998 ITEM NO • 2 (Cont.) FILE NO.: LU98-18-02 Jim Lawson, Planning Director, stated that staff had met with the applicant a couple of times and that the applicant had impressed to Staff that the applicant needed this as a "commercial corner" (the corner of Kanis and Bowman). Discussion followed as to the definition of a "commercial corner". Mr. Lawson stated that his first impression of the drawing was what the land use difference is in a parking lot with a commercial use and a parking lot with an office? Mr. Lawson stated that if the access to Kanis was closed and left as a green strip, the service entrance (to the rear of the building) was left, that "we would be in pretty good shape". He spoke of the history of developing the MOC category. Discussion followed between Commissioner Mizan and Jim Lawson about percentages of office in the development. Commissioner Adcock asked Mr. Lawson to explain why he would be in agreement to close off the access to Kanis. Mr. Lawson stated that Staff is trying to create a softer effect on Kanis and spoke of traffic on Kanis and at the intersection. Bob Turner spoke of the requirements for roadway and signal improvements to be completed by the applicant. He further spoke of the design of Kanis Road. Commissioner Earnest spoke that the subject was a long way away from land use and stated that the desire of mixed office commercial was to have a mix of the two. He stated that the application was straight commercial and that percentages could be discussed. Jim Lawson stated that the commission would have to decide if this application met the intent of MOC with the office tract left. He further stated that the commission would have to be comfortable with that intent before they went on the zoning issue. Chairman Lichty asked why we had a land use plan? Mr. Lawson stated that he had just seen the drawing at the planning commission meeting for the first time. He reiterated that in the prior meetings that they had agreed to disagree that they needed a commercial corner. He continued that his interpretation of a "commercial corner" meant a building on the corner, not a parking lot on the corner. 4 September 17, 1998 ITEM NO.: 2 (Cont.) FILE NO.: LU98-18-02 Commissioner Putnam asked Mr. Lawson if traffic considerations were taken into account in the Land Use Plans or does it stay with the zoning? Mr. Lawson stated that in theory that commercial has more traffic than office. Mr. Putnam stated that with Kanis being a two-lane road, if they have access off of Kanis, any car that stops to turn left stops all of the traffic behind it. He advocates turning left at the light only. Commissioner Hawn stated that his first problem was that they were doing Land Use and zoning on the same piece at the same meeting and that "it appears that we are just rearranging the same cookies in the box". why do we need to re -land use it? Jim Lawson stated that the key as to the Land Use issue was that they are asking for C-3. Staff stated that Kanis Road needs to have a softer frontage, an office type of frontage. Commissioner Adcock asked of Mr. Turner and Mr. Flake if they could coordinate their roadwork at the same time. Mr. Turner stated that it should be possible. Chairman Lichty stated that a topic of discussion was the restriction of access to Kanis Road. Mr. Flake stated that his response was that "as long as we have the service drive, we would find a way to live with the other drive being limited." Commissioner Hawn made a motion to approve the amendment and was seconded. Commissioner Putnam questioned if it needed to be included about closing the second entrance on Kanis. The motion was not changed to add any conditions. The motion filed with a vote of 0 ayes, 11 noes and 0 absent. Jim Lawson stated that if a patron lived west of the site, that it should be possible to have a right out only on Kanis. Chairman Lichty stated that a percentage of mixes in MOC is a topic for further discussion. A September 17, 1998 ITEM NO.: 3 FILE NO.: Z-6552 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: F. C. Grass Farm Partnership Edward K. Willis 18600 Cantrell Road Rezone from R-2 to 0-1 and 0-3, with conditions. Future Office Development 10.3 acres to 0-1; 20.5 acres to 0-3 Vacant, undeveloped SURROUNDING LAND USE AND ZONING North - Single Family and undeveloped; zoned R-2 South - Single Family, zoned R-2; variety of Commercial And Office uses, zoned PCD East - Single Family and undeveloped, zoned R-2; Church, zoned R-2 (C.U.P.) West - Undeveloped, zoned R-2; school, zoned R-2 (C.U.P.) PUBLIC WORKS COMMENTS 1. Cantrell Road is listed on the Master Street Plan as a principal arterial; dedication of right-of-way to 55 feet from centerline will be required. 2. With development, provide design of streets conforming to "MSP"(Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks. 3. Dedicate turn -around for Northridge Road and Buzz Lane. Dedicate right-of-way for Buzz Lane to 30 foot from centerline. 4. Bridge shall pass 100 year flood elevation or contain back water at this easement. Provide 100 year stormwater profile for creek with development. 5. Stormwater detention Ordinance applies to this property. 6. Grading permit will be required on this new development, if more than one acre is disturbs. 7. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. September 17, 1998 ITEM NO.: 3 (Cont.) FILE NO.: Z-6552 PUBLIC TRANSPORTATION ELEMENT The site is located on a LATA express bus route. NEIGHBORHOOD ASSOCIATION NOTIFICATION The Aberdeen Court and Johnson Ranch Neighborhood Associations were notified of the rezoning request. LAND USE ELEMENT This request is in the Pinnacle Planning District. The Land Use Plan was changed earlier this summer. As part of those discussions, 10' and 'SO' with a height limitation was indicated as appropriate. This rezoning request is in conformance with the Land Use Plan. The 0-1 with its' inherent regulations and the applicant's self-imposed two story height limit is in keeping with the spirit of Suburban Office. The 0-3 zoning request is appropriate for Office as shown on the Land Use Plan. Any development with frontage along Cantrell will be required to conform to the Highway 10 Overlay District. STAFF ANALYSIS The request before the Commission is to rezone an undeveloped 30.8± acre tract located at 18600 Cantrell Road from R-2 Single Family to 0-1 Quiet Office and 0-3 General Office. The western 10.3± acres of the tract are proposed to be zoned 0-1. The eastern 20.5± acres are proposed for 0-3. The applicant has offered as a condition of the rezoning that the proposed 0-1 area have a building height limit of two stories and the 0-3 area have a building height limit of three stories. No specific development is proposed at this time. The property will no doubt be subdivided and developed in the future for office type uses. The property is outside of the city limits but is within the City's extraterritorial zoning jurisdiction. The acreage is located on the north side of Cantrell Road in an area of mixed uses around the old Stone's Market. Several PCD zoned properties front onto Cantrell Road at this point. These properties contain a variety of uses including a restaurant, liquor store, auto repair and auto sales. A church is located to the east on property zoned R- 2, with a conditional use permit. Walnut Valley Christian Academy is developing the R-2 zoned property to the west as a private school, under a conditional use permit. A large area of mostly undeveloped R-2 zoned property extends to the north. Much of this R-2 property is also owned by the Fa September 17, 1998 ITEM NO.: 3 (Cont.) FILE NO.: Z-6552 applicant. There are several single family homes in the area ranging from smaller homes on small lots to a large estate. The proposed office zoning wraps around the commercial properties fronting onto Cantrell Road. This office zoning should provide a transition from the commercial uses to the single family property further north. The Pinnacle District Land Use Plan recommends Suburban Office for that area proposed as 0-1 and Office for the proposed 0-3 area. On June 25, 1998, the Planning Commission approved a Land Use Plan Amendment establishing the Suburban Office and also recommended Multifamily for the proposed 0-3 property. At its July 21, 1998 meeting, the Board of Directors approved the Suburban Office but changed the Multifamily to Office in response to neighborhood concerns. The Suburban Office designation provides for low intensity development of office or office parks in close proximity to lower density residential. The height, area and off-street parking regulations within the 0-1 district are designed to assure that office uses will be compatible with adjacent residential districts. New construction is to be designed to reinforce existing desirable characteristics of the neighborhood and not be detrimental to the use of surrounding properties for residential purposes. The proposed 0-1 property fronts onto Highway 10 (Cantrell Road) and will have to be developed in accordance with the Highway 10 Ordinance. If the property is subdivided, those lots which lie within the District Boundary, fronting onto Highway 10, will have to comply with the overlay standards. The applicant has offered, as a condition of the rezoning, to limit building heights to two stories in the 0-1 area and three stories in the 0-3. Staff believes that condition offered by and zoning the area Land Use Plan. STAFF RECOMMENDATION the rezoning request, including the the applicant, is compatible with uses and conforms to the recently amended Staff recommends approval of the 0-1 and 0-3 rezoning, with the condition proposed by the applicant. PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The Commission was informed that the Public works Department K, September 17, 1998 ITEM NO.: 3 (Cont.) FILE NO.: Z-6552 was dropping comment No. 3 from its comments. Comment No. 3 related to right-of-way dedication for Buzz Lane and North Ridge Road. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. 4 September 17, 1998 ITEM NO.• 4 FILE NO.: Z-6553 Owner: Ernest Joshua, Sr. and Thelma Joshua Applicant: Ernest Joshua, Sr. Location: 4000 Asher Avenue Request: Rezone from C-3 to C-4. Purpose: Auto sales lot Size: .728 acres Existing Use: Vacant lot SURROUNDING LAND USE AND ZONING North - Good Shepherd Church, St. Francis House and St. Francis Daycare; zoned 0-3 South - Multiple Light Industrial and Commercial uses; zoned I-2 East - Auto Sales and variety of Commercial uses; zoned C-3 West - Engine remanufacturer and multiple commercial Uses; zoned C-3 PUBLIC WORKS COMMENTS 1. Asher Avenue is listed on the Master Street Plan, as a principal arterial with reduced standard, dedication of right-of-way to 45 feet from centerline will be required. 2. Cedar Street is listed on the Master Street Plan as a collector street. Dedication right-of-way to 30 feet from centerline will be required. 3. South Elm Street and West 28`h Street will be commercial streets with zoning change. Dedicate right-of-way to 30 feet from centerline. 4. A 20 feet radial dedication of right-of-way is required at all four -corners. 5. With development, provide design of streets conforming to -MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalk. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 7. Driveways shall conform to 31-210. No access will be permitted on Cedar and 28`h Street, one driveway only on Asher and one on Elm. September 17, 1998 ITEM NO.: 4 (Cont.) FILE NO.: Z-6553 PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA bus route. NEIGHBORHOOD ASSOCIATION NOTIFICATION The Love and Midway Neighborhood Associations were notified of the rezoning request. LAND USE ELEMENT This request is in the I-630 Planning District. The property is currently classified as Commercial on the Land Use Plan. A neighborhood plan, the Stephens Neighborhood Plan, has started in that area. While in conformance with the Land Use Plan, the presence of a residential area to the north shown as Public/Institutional on the Land Use Plan raises questions about the appropriateness of increasing the intensity. Additional buffering to the north would be necessary to screen the residential and daycare uses to the north. STAFF ANALYSIS The request before the Commission is to rezone this vacant .728± acre tract from C-3 General Commercial to C-4 Open Display District. The site is comprised of the block bounded by Asher Avenue, Elm Street, Cedar Street and West 28th Street. The property was formerly occupied by a service station. After the service station closed, the building was used by other commercial uses. Some years ago the building was razed and removed. The site is vacant other than for asphalt paving and the concrete slab from the building. The applicant proposes to lease the property for use as a used car sales lot. The property is located on the north side of Asher Avenue in an area of intense commercial and industrial development. The properties to the east and west along Asher are zoned C-3, C-4 and I-2. A large area of I-2 zoned properties is located across Asher Avenue to the south. Uses in these areas are varied and include such businesses as auto sales, radiator repair, engine rebuilding and industrial/manufacturing. The 0-3 zoned block to the north of the site is occupied by Good Shepherd Episcopal Church, St. Francis House and St. Francis Daycare Center. This 0-3 zoned block and the adjacent C-3 zoned properties separate this site from the large residential neighborhood extending further to the north. The I-630 District Land Use Plan recommends Commercial for 2 September 17, 1998 ITEM NO.: 4 (Cont.) FILE NO.: Z-6553 the site. Staff believes that the C-4 zoning request is reasonable for this site. The Land Use Plan recommends commercial for the property. Appropriate locations for C-4 zoned properties are along heavily traveled major traffic arterials, of which Asher Avenue is certainly one. There is no adjacent residential property and the nearest residential is separated from this site by a block of 0-3 and C-3 zoned properties. The proposed use is compatible with uses and zoning in the area. The applicant should be aware of those concerns raised by Public Works and the Planning Staff regarding access to the site and buffering on the north. Those issues will be raised at the time the site is developed. STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning as conforming to the adopted Plan and being compatible with uses and zoning in the area. PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) Michael Joshua, president of J.M. Products, Inc., was present representing the application. There were no objectors present. Staff presented the item and a recommendation of approval. Mr. Joshua addressed the Commission in support of his rezoning request. He stated that he understood staff's concern about limiting access onto West 28th Street and additional buffering on the north side of the property. Mr. Joshua stated that he would agree to make those issues a condition of the rezoning. He concluded by stating that J.M. Products and the Joshua family were involved in making improvements in the area. Commissioner Muse stated that he was on the Steering Committee working to develop the Stephens Neighborhood Plan. This property is located at the southern fringe of the plan area. Commissioner Muse stated that he felt it was the consensus of the committee to oppose this C-4 rezoning. In response to a question from Commissioner Berry, staff stated that the neighborhood plan would not be completed until after the first of the year (1999). Commissioner Berry stated that he did not feel it was appropriate to put a moratorium on rezoning requests while a neighborhood plan was in the process of being created. 3 September 17, 1998 ITEM NO.: 4 (Cont.) FILE NO.: Z-6553 Commissioner Putnam spoke of the need to encourage new businesses and development in the area. Commissioner Downing noted that a large parking lot is adjacent to the west and asked what opposition there could be to another parking lot on this property. In response to a question from Commissioner Nunnley, staff stated that automobile sales lots were not permitted as a conditional use in the C-3 district. Commissioner Adcock asked if some upgrade in landscaping would be required. Dana Carney, of the Planning Staff, responded that a percentage increase in landscaping would be required based on the development of the property. Mr. Carney noted that Mr. Joshua had offered to increase buffering on the north property line and to restrict access onto West 28th Street. There was a brief discussion about the neighborhood plan and whether it was appropriate to defer the item until the plan is completed. Commissioner Berry stated that he felt it was proper to act on the application at this time. A motion was made to approve the requested zoning with the following conditions offered by the applicant: 1. Additional buffering will be provided on the north perimeter of the property. 2. No access is to be taken from this property onto West 28th Street. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. 4 September 17, 1998 ITEM NO.: 5 FILE NO.: Z-6554 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Jerry and Juanita Gibson Dickson Flake NW corner of Kanis and Bowman Roads Rezone from R-2 to 0-3 and C-3. Future office and commercial development 1.13± acres to 0-3; 10.12± acres to C-3 Landscape nursery and undeveloped tract SURROUNDING LAND USE AND ZONING North - Shopping Center, zoned C-3 South - Mini -warehouses and other commercial uses; zoned C-3 and PCD East - Undeveloped, zoned R-2 and New shopping center, zoned C-3 West - Shopping center, zoned C-3, Single Family, zoned R-2 and undeveloped, zoned R-2 and PCD PUBLIC WORKS COMMENTS 1. Kanis Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required. 2. Bowman Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required plus 10 feet for future right -turn lane at this arterial intersection for a distance of 250 feet from the new Kanis right-of-way line. 3. A 20 feet radial dedication of right-of-way is required at the corner of Kanis Road and Bowman Road. 4. With development, provide design of streets conforming to minor arterial standards including right -turn lane on Bowman. Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 5. Grading permit will be required on this new development, if more than one acre is disturbs. 6. Stormwater detention Ordinance applies to this property. September 17, 1998 ITEM NO.: 5 (Cont.) FILE NO.: Z-6554 PUBLIC TRANSPORTATION ELEMENT The site is not located on a LATA bus route. A bus route is located just north of the site, at Bowman and Hermitage Roads. NEIGHBORHOOD ASSOCIATION NOTIFICATION The Gibralter Heights, Point West, Timber Ridge and Birchwood Neighborhood Associations were notified of the rezoning request. LAND USE ELEMENT This request for zoning is running concurrently with a minor Land Use Plan. See Staff Report on Item #2, LU98-18-02 for more information. The zoning request is not in conformance with the plan for the following reasons: 1) There are available sites for commercial development in the area either already zoned such or shown on the Land Use Plan. 2) The Planning Commission just approved a land use recommendation for this site as Mixed Office Commercial with an "enhanced two-lane" section for Kanis Road. Big Box development is not compatible with this roadway type. 3) It is reasonable with the existing zoning pattern to have an office or mixed development, as shown on the plan, for this site. 4) This is a developing area of Little Rock and the City should carefully review commercial requests and changes to the Land Use Plan that would intensify the use patterns. Over the last several years, parcels along Chenal Parkway have changed from office and multi -family to commercial. Traffic congestion continues to build in this area. No reason has been given to show need to change the plan. Staff could consider an increase in intensity along Bowman Road if the intensity along Kanis Road stayed at or below its' current intensity as shown on the Land Use Plan. STAFF ANALYSIS The request before the Commission is to rezone various tracts located at the northwest corner of Kanis and Bowman Roads from R-2 Single Family to 0-3 General Office and C-3 General Commercial. 10.12± acres fronting onto Kanis and Bowman Roads is proposed for C-3 zoning. 1.13± acres on the north side of Kanis, 400 feet west of Bowman, is proposed for 0-3. The property proposed for 0-3 zoning is currently undeveloped. A nonconforming plant nursery/greenhouse E September 17, 1998 ITEM NO.: 5 (Cont.) FILE NO.: Z-6554 occupies approximately 3.7± acres of the area proposed for C-3 zoning directly at the corner of Kanis and Bowman. The remainder of the area proposed for C-3 zoning consists of one single family residence and a large tract of undeveloped land adjacent to the Sam's/Walmart Shopping Center. No specific development is proposed for the site at this time. The property is located in an area of mixed zoning and extremely varied uses. The intensely commercial Chenal Parkway/Bowman Road intersection is directly north of the site. Uses in this area include a wide variety of retail commercial businesses such as Sam's, Walmart, Home Quarters and Best Buy. A new shopping center is under construction across Bowman Road, to the east. Also across Bowman, at the northeast corner of Kanis and Bowman, is an undeveloped tract which is currently zoned R-2. The C-3 and PCD zoned properties across Kanis, to the south, contain a variety of uses including offices, office/warehouses and mini - warehouses. An undeveloped 6.8± acre tract to the west was previously approved as a PCD for a shopping center. This PCD has expired and could be revoked. If it is revoked, the property will revert to its previous zoning which is C-3 for 2.7± acres on Kanis and 0-3 for 4.1± acres on the north. In view of the established zoning pattern and uses in the area, staff believes it is reasonable to consider office and commercial zoning for the site. The Ellis Mountain District Land Use Plan currently recommends Mixed Office Commercial for the site. A Land Use Plan amendment to Office and Commercial is on this agenda (LU98-18-02). Staff is concerned about the amount of commercial zoning proposed by the applicant, primarily the proposal to extend commercial to Kanis Road. The Kanis Road corridor has been the subject of intense study and discussion for many months. The general consensus of discussions was that additional commercial zoning should be discouraged along Kanis Road. The Mixed Office Commercial Land Use Designation provides for land to be developed as a mixture of office and commercial. The applicant has proposed a rezoning which is 89 percent commercial and 11 percent office. Staff does not believe this percentage meets the spirit of the Mixed Office Commercial concept. That issue combined with the applicant's proposal to extend commercial zoning southward to Kanis Road precludes staff from being able to support the application. Staff believes it would be more appropriate to extend the 0-3 zoning along the entire Kanis Road frontage at a depth of not less than 200 feet. This would allow commercial zoning for the Bowman Road frontage adjacent to the Sam's/Walmart site. Such an arrangement would result in 3 September 17, 1998 ITEM NO.: 5 (Cont.) FILE NO.: Z-6554 approximately 2.9± acres being 0-3 and 8.3± acres being C-3. The percentage would be 35 percent office and 65 percent commercial. More importantly, the property fronting onto Kanis and directly at the intersection would be zoned 0-3. STAFF RECOMMENDATION Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) The applicant was present. There were no objectors present. The presentation and discussion of this item followed a lengthy discussion of the proposed Land Use Plan Amendment (LU98-18-02) which was item No. 2 on this agenda. The applicant presented a site plan which the Commission felt met the existing land use plan designation of Mixed Office Commercial. The Commission voted not to change the Plan. Staff presented the rezoning request and an amended recommendation of approval subject to the following conditions proposed by the applicant during the discussion of the Land Use Plan Amendment: 1. There is to be no building constructed in the 150 foot by 150 foot area directly at the southeast corner of the proposed C-3 zoned property. 2. The property proposed for C-3 zoning is to be limited to two driveways onto Kanis Road. The eastern drive, located approximately 200 feet west of the Kanis/Bowman intersection, is to be a right -turn exit only. The western driveway, located approximately 300 feet west of the Kanis/Bowman intersection, is to be a service entrance/exit only. In response to a question from the Commission, the applicant Dickson Flake, agreed to the conditions. A motion was made to approve the rezoning request, including the conditions provided by the applicant. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. 4 September 17, 1998 ITEM NO.: 6 NAME: LOCATION• FILE NO.: Z-6555 Moore Manufactured Home - Conditional Use Permit 8504 Mabelvale Pike OWNER/APPLICANT: Ferrell and Marilyn Moore PROPOSAL: A conditional use permit is requested to allow for placement of a multisectional manufactured home on this R-2 zoned property. ORDINANCE DESIGN STANDARDS: 1. Site Location: The property is located on the north side of Mabelvale Pike, approximately Y2 mile north of I-30. 2. Compatibility with Neighborhood: The property is located in an area of mixed uses and zoning. The I-2 zoned property adjacent to the west is occupied by a motor freight terminal and a casket company. Two nonconforming mobile home parks are located across Mabelvale Pike from the site, one to the east and one to the south. There are several single family homes scattered in the immediate vicinity. The large Arkansas Highway and Transportation Department Complex is located nearby, to the west. Staff believes the proposed use is compatible with development in the neighborhood. The Town and Country Estates Neighborhood Association was notified of the request. 3. On -Site Drives and Parking: The use requires one on-site parking space. There is more than adequate room on this 2.3± acre tract to accommodate required parking. 4. Screening and Buffers: None required for this single family use. 5. Public works Comments: No Comments. 6. Utility and Fire Department Comments: No comments were received from the agencies. The September 17, 1998 ITEM NO.: 6 (Cont.) FILE NO.: Z-6555 applicant should contact the various utility companies to determine what requirements pertain to this proposal. 7. Staff Analysis: The applicants are requesting a conditional use permit to allow for placement of a multisectional manufactured home on the vacant, R-2 zoned property located at 8504 Mabelvale Pike. The applicants propose to locate a 1998 Southern Energy No. 1, triple -wide home on the site. Placement of the home will adhere to all required codes and ordinance standards. The home will be placed in the middle of the 2.3+ acre tract. The nearest setback from any property line will be 95 feet. Other setbacks are 122,100 and 96 feet. The lot has several mature trees and the home will be placed on a cleared area among the trees. Staff believes the proposal to be a reasonable use of the property. The proposed use is compatible with uses and development in the area. Placement of the home must comply with the siting standards for manufactured homes established in Section 36-254(d)(5) of the Code. 8. Staff Recommendation: Staff recommends approval of the requested conditional use permit subject to compliance with the following siting standards established in Section 36-254(d)(5) of the Code: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. 2 September 17, 1998 ITEM NO.: 6 (Cont.) FILE NO.: Z-6555 PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) The applicants were present. There was one objector present. Staff presented the item and a recommendation of approval subject to compliance with the siting criteria established in Section 36- 254(d)(5). Mr. Moore addressed the Commission in support of his application. He stated that he would adhere to all requirements. Mr. Moore stated that the home would be underpinned with either rock or brick and that he could add a two -car garage at a later date. Melvin Purvis, of 8503 Mabelvale Pike, spoke in opposition to the proposal. He stated that the Moore's property was not served by city sewer. It was pointed out to him by the Commission that the Moores could use a septic system. Mr. Purvis stated that he had previously sold an adjacent lot to a person who promised to put in one house but who instead put in a mobile home park. He stated that he was afraid that the Moores would do the same thing. It was pointed out that this is a conditional use permit, with a site plan that the applicant had to follow and that there was no chance that a mobile home park could be developed on this property as a result of this action. Jim Lawson, Director of Planning and Development, stated that the Commission could attach a condition that the applicant receive an approved percolation (perk) test on the property prior to the home being placed on the property. Chairman Lichty asked if the Commission could require that the conditional use permit be limited to this owner. Staff questioned whether such a condition would be reasonable considering the improvements that are required by the siting criteria. Commissioner Adcock asked if it could be stated that approval is granted for only one home on the site. Staff responded that such a condition could be read into the motion. Troy Laha of Southwest Little Rock United for Progress, spoke in opposition to the item. He stated that he would like to see action on the item withheld until a perk test is approved. Mr. Moore stated that he had an engineer ready to perform the test. A motion was made to approve the requested conditional use permit subject to compliance with the following conditions: 1. Approval is granted for only one home on this 2.3± acre site. KI September 17, 1998 ITEM NO.: 6 (Cont.) FILE NO.: Z-6555 2. A percolation test for a septic system must be approved prior to placement of the home on the property. 3. Compliance with the siting criteria established in Section 36-254(d)(5) of the Code. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. 4 O U ry H O z O CO C/a O U Z CL 11111111131 RNMINNNNINN 111111111101 mollsommoll 0 s � z _ _ p m O M Cn _Z 0 Z Y W _ Z W � ~ Q Z m W 0� CL QZD :3 U Q LL < Q a-;-;;, J = I } �= z= =�=�p<=110ct , n" m Wil Ci Cn uj Z W U J z w � � _::DOU H Z = mwo:�LQi¢QZ = 4 W Q z i W September 17, 1998 There being no further business before the Commission, the meeting was adjourned at 6:17 p.m. Date i kereta� Chai an