pc_03 06 1997LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
MINUTE RECORD
MARCH 6, 1997
3:30 P.M.
I. Roll Call and Finding of a Quorum
A Quorum was present being nine (9) in number.
II. Approval of the Minutes of the Previous Meeting
The Commission approved the minutes of the February 6, 1997
Planning Commission meeting by a unanimous vote.
III. Members Present: Craig Berry
Herb Hawn
Bill Putnam
Suzanne McCarthy
Doyle Daniel
Hugh Earnest
Sissi Brandon
Ron Woods
Larry Lichty
Members Absent: Mizan Rahman
Pam Adcock
City Attorney: Stephen Giles
LITTLE ROCK PLANNING COMMISSION
REZONING AGENDA
MARCH 6, 1997
3:30 P.M.
I. DEFERRED ITEMS
A. Z-6241
B. Z-6249
II. REZONING ITEMS
1. Z-6258
2. Z-6265
III. OTHER MATTERS
3. Z -4066-C
4. Z -3168-C
#3 Marigold Dr.
United Methodist Foundation
17815 Cantrell Road
2107 Maryland
Maury Mitchell PCD (Amended)
Covenant Release from Rock
Creek Plan, Tract -M-
R-2 to C-1
PD -0
R-2 to C-3
R-3 to O-1
U)3NId
H3RVHd
W1l
VSIH1
ao a ¢
LU
--
V
V 1—
U w
�N
J
NtlWH30
0�
0°
o
wo
� U
W NIVW
AVMOVOHS HOHV NOlNObI
H 1S3H0 H3H3H0 pid
0
ONIN lW
� \PONSON
o
-
Q 3NId
o MOtlo00M rs
3NId
HV030 NOITWVH llooS SpNiddS
Yd Hltld ¢ °
m o
AllSH3AIN0 A11SH3AIN0 ,�
x SONIHdS H3A30
o s1
v J
S3H9OH w hl
y
�-
IddISSIS IN 'w 1001N0
Q'
a ¢ �
Y
MOb8VS NHOr 631VA> Gy
alona3s3H � s bg
3NNI3H
Vc
¢ �
o� w SIOHVS rn
_ OHOd31N3tlHS o _
d3lNOtlHS o °'
c3 0
U
o ¢
WVHHVd A3N00H — x
NVWMOS
W
,S
LL
r
S11WIl A110 w w 3001H AWIA
Uf-
y NpbppsObls`o v
o
N
fpP�
a o ¢
@e
r
V
° NVAIIIOS
z
S11WIl A110
1HVM31S
Hsab
h
O
N
W
3
¢
i�p1n0 31VONb3d
March 6, 1997
ITEM NO.: A Z-6241
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Dr. Bill Humphries
Joe White, Jr.
#3 Marigold Drive
Rezone from R-2 to C-1
Unspecified future development
.37± acres
Vacant lot
SURROUNDING LAND USE AND ZONING
North -
Single
Family residence;
zoned R-2
South -
Single
Family residence;
zoned R-2
East -
Farmer's
Association feed
and farm supply store;
zoned C-4
West -
Single
Family residence;
zoned R-2
PUBLIC WORKS COMMENTS
Dedicate right-of-way to 55 feet from centerline for Colonel
Glenn Road, dedicate right-of-way to 30 feet from centerline
for Marigold Drive, and dedicate a 20 minimum radial area at
intersection. With planned construction, each street will
be required to be brought up to Master Street Planned
standards with a sidewalk.
The driveway on the Colonel Glenn Road frontage will be
permitted by Ordinance and should be 100 feet from the
right-of-way of Marigold Drive.
There should be one driveway on Marigold and it should be
located 25 feet from the south property line. Marigold is a
one-way drive to the south.
PUBLIC TRANSPORTATION ELEMENT
The site is located on a Central Arkansas Transit Bus Route.
March 6, 1997
ITEM NO.: A Z-6241 (Cont.)
LAND USE ELEMENT
The site is located in the 65th Street West District. The
District Land Use Plan recommends Neighborhood Commercial
for this property. The C-1 request conforms to the Plan.
STAFF ANALYSIS
The request before the Commission is to rezone this .37±
acre tract from "R-2" Single Family to "C-1" Neighborhood
Commercial. The site is currently vacant and undeveloped.
No immediate development is proposed for the site.
The property consists of one lot of Beasley's Subdivision, a
small development built along Marigold Drive. Most of the
other lots in the subdivision are occupied by single family
homes.
The C-4 zoned property, adjacent to the east, is occupied by
the Farmer's Association Feed and Farm Supply business.
Many other commercial uses are located along Colonel Glenn
Road and Asher Avenue to the east. The R-2 zoned properties
to the south, north and west are occupied by Single Family
homes.
The 65th Street West District Land Use Plan recommends
Neighborhood Commercial for this property and the properties
to the south and east. The C-1, Neighborhood Commercial
rezoning request conforms to the Plan. The C-1 Neighborhood
Commercial district is designed to accommodate limited
retail developments within or adjacent to neighborhood areas
for the purpose of supplying daily household needs of the
residents for food, drugs and personal services. The
relatively small size of the property, reduced even further
by the required right-of-way dedication for Colonel Glenn
Road (principal arterial) and Marigold Drive (commercial,
collector), will limit the scope of any development on the
site.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-1 zoning.
PLANNING COMMISSION ACTION:
(JANUARY 23, 1997)
The applicant was present. There were several objectors
present. Staff presented the item and a recommendation of
approval.
Ra
March 6, 1997
ITEM NO.: A Z-6241 (Cont.)
Joe White, Jr. addressed the Commission in support of the
application. He stated that the C-1 rezoning request
conformed to the Land Use Plan. He also stated that there
were no immediate plans for development of the site.
Carolyn Heitman, of 8024 West 40th Street, addressed the
Commission. She stated that the John Barrow Neighborhood
Association Board had met and voted to oppose the rezoning.
She asked that the item be deferred to allow for more
information to be provided to the neighbors.
Shelby Foster, of #13 Marigold Drive, also asked that the
item be deferred to allow more neighborhood involvement.
Mr. White stated that he was agreeable to a deferral and
that he would meet with the neighbors.
Commissioner Adcock stated that she was concerned about the
"unspecified" future use of the site. She suggested that
Mr. White go over the list of permitted C-1 uses with the
neighbors.
Jim Lawson, Director of the Department of Planning and
Development, noted that the site had been shown as
neighborhood commercial on the Land Use Plans since at least
1983.
A motion was made to defer the
Commission meeting. The motion
9 ayes, 0 noes and 2 absent.
PLANNING COMMISSION ACTION:
item to the March 6, 1997
was approved by a vote of
(MARCH 6, 1997)
Joe White was present representing the application. There
were several objectors present. A letter and petition
voicing opposition to the rezoning request and requesting a
plan change had been presented to the commissioners. Staff
presented the item.
Mr. White addressed the Commission in support of his
application. He noted that the Land Use Plan recommended
Neighborhood Commercial for the site. Mr. White discussed
the proximity of other nonresidential uses. He stated that
he.had met with area residents and acknowledged that they
were still opposed to the rezoning. Mr. White stated that
his client felt this site was appropriate for a small office
or quiet commercial use.
George Brown, of the John Barrow Neighborhood Association,
spoke in opposition to the rezoning. He stated that area
residents as well as the John Barrow and Westwood
Neighborhood Associations were opposed to the rezoning. Mr.
3
March 6, 1997
ITEM NO.: A Z-6241 (Cont.)
Brown voiced concern about increased traffic on Marigold
Drive and asked that the application be denied.
Shelby Foster, of 13 Marigold Drive, spoke in opposition to
the request. He asked that the Land Use Plan be amended,
moving the neighborhood commercial area to a point east of
the residences on Marigold Drive.
Dana Carney, of the Planning Staff, stated that the plan
amendment request had been received and tentatively
scheduled for the May Planning Hearing.
There was then a discussion of amending the land use plan
and whether it would be appropriate to amend the plan at
this meeting.
Commissioner Earnest stated that he was concerned about
proposing a land use plan change without further study by
staff.
Commissioner Hawn stated that the current plan does not
agree with the area zoning. He stated that the Plan was "a
mess" in this area.
Chairman Lichty asked if a request from a neighborhood could
generate a review of the Land Use Plan. Staff responded
that it would. Mr. Lichty asked why this rezoning request
was not deferred once the neighborhood's request was
received. Staff responded that there was an active
application before the Commission that conformed to the
current plan. Mr. Lichty suggested that this rezoning
request should be deferred until the proposed Land Use Plan
amendment is dealt with.
Mr. White stated that he wanted the Commission to vote on
the application. Deputy City Attorney Stephen Giles stated
that the Commission could not force an applicant to agree to
a deferral.
In response to a question from Commissioner Putnam, Tony
Bozynski, Assistant Director of Planning and Development,
stated that the Land Use Plan had been in effect since 1983.
Mr. Bozynski noted that previous Planning Commissions and
City Boards had used street centerlines as dividing lines on
the Plan.
A motion was made to approve the C-1 rezoning request. The
motion failed by a vote of 0 ayes, 8 noes and 3 absent.
4
March 6, 1997
ITEM NO.: B FILE NO.: Z-6249
NAME: THE UNITED METHODIST FOUNDATION OF ARKANSAS -- PLANNED
OFFICE DISTRICT PD -0
LOCATION: Northwest corner of Harrison and Evergreen Streets
DEVELOPER•
ARCHITECT•
The United Methodist Foundation Fred Perkins
of Arkansas Roark -Perkins -Perry -
5905 Forest Place, Ste. 210 Yelvington Architects
Little Rock, AR 72207 713 West Second Street
Little Rock, AR 72201
AREA: 0.32 ACRES NUMBER OF LOTS: N/A FT. NEW STREET: 0
ZONING: R-2 PROPOSED USES: Single Use Office
PLANNING DISTRICT: #4 Heights/Hillcrest
CENSUS TRACT• 16
VARIANCES/WAIVERS RE UESTED: Variance of collector street
standards on Evergreen Street to allow existing 29 foot roadway.
Variance on Harrison Street of commercial standards to allow
existing 27 foot roadway.
BACKGROUND•
On February 20, 1997, the Planning Commission determined that a
change in the Land Use Plan was not required in order for this
rezoning request to be considered. This rezoning (Z-6249) was
deferred to March 6, 1997 to allow for additional public comment.
PROPOSAL•
A rezoning from "R-2" Single Family to "PD -O" Planned District
Office for an approximate 14,000 square feet site. The property
is located at the northwest corner of Harrison and Evergreen
Streets.
A. PROPOSAL/REQUEST:
The applicant proposes to develop a 2,599 square foot one
story single use office building. The sole tenant will be
The United Methodist Foundation of Arkansas. Nine parking
spaces will be provided in the proposed front yard parking
March 6, 1997
ITEM NO.: B (Cont.) FILE NO.: Z-6249
lot. A landscape/detention berm will front Evergreen
Street.
B. EXISTING CONDITIONS:
The site are two flat vacant parcels that are side by side.
They are also the only undeveloped lots in the immediate
area. Single Family homes are located across the alley and
adjacent to the property. A two story older apartment
building is located to the east.
C. NEIGHBORHOOD COMMENTS:
Staff has received two letters from the Hillcrest Resident's
Association dated February 18 and 19, 1997. We have receive
no other comments.
D. ENGINEERING COMMENTS:
• Five foot sidewalks are required per City Ordinance.
• Improve corner radius to 25 foot versus existing 10 foot
radius and install handicap ramps per ADA standards.
• Dedicate right-of-way for both streets to 30 feet from
centerline. Evergreen's a collector and Harrison is
considered a commercial street (same standard).
• Evergreen is a 29 foot street and Harrison is a 27 foot
street. Both are required by Ordinance to be widened to
18 feet from centerline.
• Stormwater Detention does not apply to this site.
However, the effects of surface water will be reviewed
and shall not adversely impact adjacent properties.
• Evergreen has a 1995 average daily traffic count of
3,800.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available
AP&L: OK
Arkla: No comment
Southwestern Bell: OK
Water: No objection
Fire Department: Driveway width to be 20 feet.
LATA: No response
F. ISSUES/TECHNICAL/DESIGN:
Landscape:
Areas set aside for buffers and landscaping meet with
ordinance requirements.
2
March 6, 1997
ITEM NO.: B (Cont.) FILE NO.: Z-6249
G.
H.
If a dumpster is to be used its enclosure must be eight feet
in height on three sides and be a wooden fence or wall. The
face side of the proposed fence along the northern boundary
must be directed outward. Trees and shrubs will be required
along the northern perimeter and around the perimeter of the
proposed vehicular use areas.
Issues:
• Show sidewalks as
• If this applicant
revert to R-2.
Planning Division:
ANALYSIS•
5 feet wide.
vacates the building, then the use will
N/A
The Planning Commission has determined that a land use plan
amendment is not necessary. The City Attorney agrees with
this interpretation in a letter prepared by Stephen Giles,
Deputy City Attorney on February 20, 1997. Mr. Giles
stated in part
"...that the planned zoning district was
established to permit development to occur
which would not otherwise be compatible with
surrounding property, but which is made
compatible by the restrictions placed on the
development by the applicant. Leaving the plan
to show the property residential while allowing
this particular office development is a
rational means of allowing modest development
to occur that will not change the residential
character of the neighborhood."
It appears that the Hillcrest Association and the
immediately project neighbors support the proposal. Staff
supports the proposed rezoning which is consistent with the
requirements of the Zoning Ordinance.
STAFF RECOMMENDATION:
APPROVAL of the rezoning of this site to "PD -O" subject to
staff conditions in this report. The site is to be used by
this applicant as a single user. If the United Methodist
Foundation of Arkansas vacates the structure, it will revert
to a R-2 Single Family use.
3
March 6, 1997
ITEM NO.: B (Cont.) FILE NO.: Z-6249
SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997)
Mr. Fred Perkins presented the project. Planning Staff indicated
that a Land Use Plan Amendment was required. Staff also
indicated that a separate Planning Commission hearing would be
required for the land use and rezoning issues.
The Land Use Amendment was scheduled for consideration by the
Planning Commission on February 20, 1997. The rezoning request
will be deferred to the March 6, 1997 Planning Commission
meeting.
PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997)
This item was heard after the Planning Commission determined not
to change to Land Use Plan on this property to accommodate this
rezoning. Commissioner Woods stated that he would like to
proceed on this item. Jim Lawson stated staff was recommending a
two week deferral to allow for further public comment. Jim
Argue, project applicant said he would agree to the continuance.
Mr. Argue asked for a 3:30 p.m. Time Certain hearing on this item
before the Planning Commission on March 6, 1997.
Motion to defer the item to the March 6, 1997 Planning Commission
meeting. The motion was passed with 10 ayes, 1 nays and 0
absent.
PLANNING _COMMISSION _ACTION: (MARCH 6, 1997)
Larry Jones presented the staff recommendation for approval with
the conditions noted in the staff report. Chairman Lichty stated
that the proponents and opponents would each get 20 minutes to
present their case. It is up to each side to manage their time
within the 20 minutes allocated.
Mr. Maurice Mitchell introduced the project for the applicants.
Mr. Fred Perkins following with a summary of the elements of the
development. Mr. Jerry Sears told the Commission that the
immediate neighborhood supported the project. Mr. Sears
indicated that the neighbors want to see the parking in the front
of the building as shown by the applicants. Ms. Mary Boaz spoke
in favor of the parking in the front of the building. Mr. Jim
Argue concluded the applicant's presentation. Ms. Jam Bowman was
present in support of the rezoning but did not speak.
The following persons spoke in opposition to the rezoning and
were given collectively 20 minutes to speak. Mr. Jim McKenzie
spoke in support of the land use plan and against the rezoning.
Mr. Jim Vandenberg asked that the site plan be redesigned to put
4
March 6, 1997
ITEM NO.: B (Cont.) FILE NO.: Z-6249
the parking in the rear with an access from Harrison Street. Ms.
Ruth Bell spoke in opposition to the rezoning.
Commission Daniel asked about the number of employees proposed.
Commissioners Berry and Earnest indicated that they were
concerned that by not changing the land use plan but allowing the
rezoning the Commission was setting a precedent. Mr. Giles
responded that there would be no precedent set for future
rezoning cases. Commissioner Hawn stated that the way the
Commission handled this proposal was "...not fair and consistent
treatment..." in respect to other rezonings. Commissioner Berry
asked Mr. Argue if he would redesign the project to show the
parking in the rear with an access from Harrison Street. Mr.
Argue stated that if he changes the location of the parking he
will lose the support of the immediate neighbors.
There was discussion amongst the commissioners. A motion to
approve the rezoning to PD -0 was made. The motion failed with
4 ayes, 5 nays, and 2 absent. There was no action on the
variance requests.
61
March 6, 1997
ITEM NO.: 1 Z-6258
Owner: Elenor Karam
Applicant: Joe White, Jr.
Location: 17815 Cantrell Road
Request: Rezone from R-2 to C-3
Purpose: Future commercial development
Size: 4.0± acres
Existing Use: Undeveloped portion of tract
which also contains a single
family residence
SURROUNDING LAND USE AND ZONING
North - Undeveloped; zoned 0-2
South - Undeveloped, heavily wooded; zoned 0-3
East - Undeveloped; heavily wooded; zoned C-3
West - Single Family residence; zoned R-2
(owned by Ms. Karam)
PUBLIC WORKS COMMENTS
Dedicate right-of-way to 55 feet from centerline for Highway
10 with an additional 12 feet of right-of-way to follow the
future Master Street Plan right turn lane to be constructed
with development. Dedicate right-of-way to 45 feet from
centerline for Chenonceau Boulevard. 5 foot sidewalks are
to be constructed on both frontages. Stormwater Detention
Ordinance applies to this site. A grading plan and permit
are required. Driveways shall be per Section 31-210 and as
approved by the Traffic Engineer.
LAND USE ELEMENT
The request is in the Chenal District. The adopted Land Use
Plan recommends commercial in this location. The request is
for commercial. There is no land use issue.
PUBLIC TRANSPORTATION ELEMENT
The site is located on a Central Arkansas Transit Express
Route.
March 6, 1997
ITEM NO.: 1 Z-6258 (Cont.)
STAFF ANALYSIS
The request before the Commission is to rezone this 4± acre
tract from "R-2" Single Family to "C-3" General Commercial.
The 4± acre tract is the eastern half of an 8± acre home
site located on the southwest corner of Cantrell Road
(Arkansas Highway 10) and Chenonceau Blvd. A large single
family home sits on the western 4± acres. The property
proposed for rezoning is vacant. No specific development
has been proposed for the property.
The area is rural in nature although new development is now
occurring primarily to the south and east of this site. The
undeveloped property across Cantrell Road, to the north, is
zoned 0-2. This 0-2 property is part of The Ranch
development which extends further to the north and
northeast. A new commercial development has been
constructed at the corner of Cantrell Road and Ranch Blvd.
to the northeast. The undeveloped, heavily wooded property
across Chenonceau Blvd. to the east is zoned C-3. A new
single family residential subdivision is developing just
beyond the C-3 property. The properties along Chenonceau
Blvd. immediately to the south are also presently
undeveloped and heavily wooded. These properties are zoned
0-3, 0-2 and MF -12. New single family residential
development is occurring further to the south. A single
family home is located on the R-2 zoned property adjacent to
the west. This property is owned by the property owner
requesting rezoning of the subject property. Farther to the
west along Cantrell Road, the uses are mixed between single
family homes and a variety of commercial and office uses.
The C-3 rezoning request conforms to the Chenal District
Land Use Plan which recommends commercial for this site.
The rezoning is compatible with the zoning pattern
established for this intersection. The heightened site
design and development standards established by the Highway
10 Overlay District will assure that any development of the
site will be compatible with existing and proposed
development in the area.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (MARCH 6, 1997)
Joe white was present representing the application. There
were no objectors present. Staff presented the item and a
recommendation of approval.
E
March 6, 1997
ITEM NO.: 1 Z-6258 (Cont.)
Mr. white offered no additional comments but offered to
answer any questions.
Commissioner Daniel voiced concerns about approving C-3
zoning directly adjacent to a single family residence.
Mr. White responded that the only adjacent residential
property was also owned by the applicant. He noted that a
land use plan amendment request had been filed to allow this
adjacent residential property to be zoned for office use.
Commissioner Putnam noted the new and proposed development
in the area. He stated that he felt the C-3 request was
appropriate.
Tony Bozynski, Assistant Director of Planning and
Development discussed the area zoning and Land Use Plan. He
stated that this site was appropriate for commercial zoning.
Mr. White stated that the rezoning request was proper and
asked the Commission to approve the rezoning.
A motion was made to approve the requested C-3 zoning. The
motion was approved by a vote of 7 ayes, 1 noe and 3 absent.
3
March 6, 1997
ITEM NO.: 2 Z-6265
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
victor Wynn
victor Wynn
2107 Maryland
Rezone from R-3 to 0-1
Convert existing structure
into real estate office
0.08± acres
Single Family residence
SURROUNDING LAND USE AND ZONING
North
- Single
Family
residences;
zoned R-3 and R-4,
Dorcas
House;
zoned PRD
South
- Single
Family
residences;
zoned R-3
East
- Single
Family
residences;
zoned R-3
West
- Single
Family
residence;
zoned R-3
PUBLIC WORKS COMMENTS
Construct Sidewalk on Frontage as required by ordinance for
commercial frontages.
LAND USE ELEMENT
The request is in the Central City District. The adopted
Land Use Plan recommends single family use. The request is
for quiet office. The existing land use pattern has changed
over the last several years. Children's Hospital has
removed much residential use to the East (as well as some
nonresidential uses). The Plan had envisioned Children's
Hospital and other office uses occurring between Martin
Luther King Drive and Summit. However, Children's Hospital
has continued to acquire property to Schiller. This means
that the change to single family use envisioned by the plan
occurs one block further to the west. In addition,
Children's Hospital has seen fit to place large surface
parking lots in this added area. A surface parking lot is
not a single family friendly use. A small scale office
(such as the 01 zone intends) is a more single family
friendly use.
March 6, 1997
ITEM NO.: 2 Z-6265 (Cont.)
Unfortunately, the request if approved would further
endanger another block of single family use. The requested
zone is mid -block of Schiller and Park. This is over a
block west of the Office/Commercial area around Children's
Hospital as proposed by the Plan. Due to the heavy
industrial uses just a few blocks to the West, care must be
given to any more loss of residential. The City at the
request of the neighborhoods reviewed the zoning and land
use pattern in 1991. At that time there was strong support
to preserve the single family character of the area. As
part of this review this lot and many others in the area
were rezoned to R3 (single family) from R4 (duplex). One of
the model blocks (Park and Dennison Streets) is only a block
and a half away. This area is within the City's target area
for infill single family. The Housing & Neighborhood
Programs Department through a new housing initiative intends
to construct new $50,000-$120,000 homes in the area. The
change from single family to quiet office does not seem in
keeping with the City's attempts to preserve the area for
single family use. Staff can not at this time support any
further loss of residential in the area.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a Central Arkansas Transit Bus
Route. A bus route is located along Battery Street, two
blocks to the east, and West 12th Street, three blocks to
the south.
STAFF ANALYSIS
The request before the Commission is to rezone this lot from
"R-3" Single Family to "0-1" Quiet Office District. The
site is occupied by a small, one-story brick and frame
residential structure. The applicant proposes to convert
this structure into an office for a real estate business.
The site is located on the northern fringe of an older
residential neighborhood that can best be described as
"fragile." Properties in the neighborhood are primarily
zoned R-3 and R-4 and the predominant use is older, single
family homes. Many homes in the area are in a state of
extreme disrepair and have been boarded up. It appears that
other homes have been removed, leaving vacant residentially
zoned lots. This neighborhood is also receiving pressure
from the expanding activities of Arkansas Children's
Hospital, located to the east. The hospital has recently
constructed a new parking lot on the property to the
northeast, across Maryland Avenue. The Dorcas House,
another institutional use is located across Maryland Avenue
to the northwest. Staff is concerned that allowing the
E
March 6, 1997
ITEM NO.: 2 Z-6265 (Cont.
proposed office use at this site would further endanger the
status of this residential neighborhood.
It must be noted that the zoning and land use pattern was
reviewed in this neighborhood in 1991. The neighborhood
voiced strong support to preserve the single family
character of the area. One result of this review was the
rezoning of many properties in the area from R-4 two-family
to R-3 single family.
The City has invested itself in this effort to preserve and
further develop the single family character of the
neighborhood.
One of the City's "model block" programs is located just to
the west of this site and this area has been targeted by the
City for infill single family development. Staff believes
allowing the proposed 0-1 zoning would potentially erode the
City's efforts in this direction.
Conversion of the residence into an office use would require
the construction of properly paved and landscaped parking
spaces and driveway. Doing so on this small (36 foot by 102
foot) lot would be very difficult if not impossible.
STAFF RECOMMENDATION
Staff recommends denial of the requested 0-1 zoning.
PLANNING COMMISSION ACTION: (MARCH 6, 1997)
The applicant, Victor Wynn, was present. There were no
objectors present. The Commission was informed that Jessie
St. Clair, of 2109 Maryland, had called in opposition to the
rezoning request. Staff presented the item and a
recommendation of denial.
Mr. Wynn addressed the Commission in support of his
application. He stated that he wanted to be a good neighbor
and that he would provide on site parking.
In response to a question from Commissioner Berry, Tony
Bozynski the Assistant Director of Planning and Development
addressed the City's efforts to strengthen the single family
character of the neighborhood. Mr. Bozynski stated that
this one lot spot zoning would be detrimental to those
efforts.
Commissioner Berry asked about Children's Hospital's impact
on the neighborhood. Mr. Bozynski acknowledged that the
hospital had an impact on the area and that staff is working
with the hospital to lessen that impact.
3
March 6, 1997
ITEM NO.: 2 Z-6265 (Cont.)
There was then a discussion of other nonresidential uses in
the area.
Mr. Wynn noted that there were several vacant residential
lots and vacant residences in the area. He also noted that
Children's Hospital was continuing to expand into the
neighborhood.
Commissioner Woods asked how far Children's Hospital had
extended into the area. He stated that the hospital was
spreading like a "cancer" into the area. He stated that he
felt Children's was being allowed to expand into the
residential area when other individuals, such as Mr. Wynn,
were not.
Dana Carney, of the Planning Staff, responded that the City
had made the same arguments with Children's that had been
made to Mr. Wynn. He stated that staff was working very
diligently with Children's to try to develop a plan that had
some reason behind it and protected the adjacent single
family neighborhood. He stated that the majority of the
hospital development was located east of Summit Street with
the exception of one parking lot located between Maryland
and I-630, east of Schiller Street.
In response to a question from Commissioner McCarthy, Mr.
Carney stated that there were not a lot of owner -occupied
residences in close proximity to Mr. Wynn's property. Mr.
Carney stated that he was not sure that allowing the
proposed 0-1 zoning would help the situation.
In response to a question from Commissioner Brandon, Mr.
Wynn stated that he planned to convert the existing house
into an office and to construct three parking spaces on the
site. Mr. Carney interjected that parking was not allowed
in the front yard of 0-1 zoned properties and that there was
not room between the house and the side property line to
access parking in the back yard. Mr. Carney concluded that
no on-site parking could be developed on the property to
conform to code requirements. The Commission then looked at
a copy of Mr. Wynn's survey and concluded that there was not
room for a driveway to the rear yard.
At the request of Commissioner Putnam, Mr. Carney informed
the Commission of the names of the remaining property owners
in the block, based on the ownership list provided by an
abstract company to Mr. Wynn.
Mr. Wynn stated that there was adequate on -street parking
available in the area. Mr. Bozynski stated that parking had
to be provided on-site.
4
March 6, 1997
ITEM NO.: 2 Z-6265 (Cont.)
In response to a question from Chairman Lichty, Mr. Bozynski
again stated that this property fell within an area targeted
by the City for infill single-family residential
development. Mr. Bozynski stated that staff's position
would be the same with Children's Hospital if the hospital
requested rezoning of this property.
Commissioner Brandon asked if the application could be
amended to a Planned Development. Chairman Lichty responded
that it could. Commissioner Daniel asked if a Planned
Development could allow parking in the front. Mr. Carney
responded that the 0-1 district had the parking prohibition
and that the Commission could approve a parking layout
through a Planned Development.
Chairman Lichty stated that this was a tough issue to
address and that he was sympathetic to Mr. Wynn's case.
In response to a question from Commissioner Putnam, Mr.
Carney stated that the application could be amended to a
Planned Development. Mr. Carney stated that it would have
to be deferred to an appropriate Subdivision docket and go
through the Subdivision Committee.
Chairman Lichty asked what staff's recommendation would be
if the item were amended to a Planned Development. Mr.
Bozynski responded that staff would still recommend denial
because the use would still be Office in a residential
neighborhood.
In response to a question from Commissioner Woods, Mr.
Carney stated that the hospital parking lot at the northeast
corner of Maryland and Schiller was approved by the Board of
Adjustment and did not involve rezoning the property.
At Commissioner McCarthy's request, Tony Bozynski discussed
the funding and timing of the City's Model Block Program.
Mr. Bozynski stated that the process involved neighborhood
residents and other interested parties including developers
and large institutional uses.
Commissioner Daniel asked Mr. Wynn if he would consider
amending the application to a Planned Development. Mr. Wynn
responded that he would.
Mr. Carney stated that he felt it only fair to inform the
applicant that staff would, in all probability, not support
a PD -O at this location. He stated that it would still be
an office use proposed in an area that is residential. Mr.
Carney stated that site limitations would prohibit on site
parking that conformed to code requirements.
A
March 6, 1997
ITEM NO.: 2 Z-6265 (Cont.)
There was then further discussion of amending the
application to a Planned Development. It was noted that
through that process, Mr. Wynn could request approval of on
street parking.
There was a motion to amend the application to a Planned
Development and defer the item to the May 15, 1997
Commission meeting. The motion was approved by a vote of
7 ayes, 2 noes and 2 absent.
A
March 6, 1997
ITEM NO.: 3 FILE NO.: Z -4066-C
NAME:
LOCATION•
Maury Mitchell Planned
Commercial District, Revised
11601 West Markham Street
APPLICANT: Maury Mitchell
RPM, Inc.
800 Prospect Bldg.
P. O. Box 7300
Little Rock, AR 72217
REQUEST: To expand the existing bottle
shop on the north end of the
building by 68% and clarify
permitted use. The expansion
would permit a wine shop. No
external changes are proposed.
STAFF REPORT:
0 The total building contains about 6,000 square feet with
a dentist at 1,334 square feet; a retail space at 992
square feet; the bottle shop at 2,267 square feet and the
space to be absorbed by the bottle shop (formerly an
insurance agent at 1,547 square feet).
• The current office/commercial mix was tied to the C-1
zone which existed prior to the PCD. Mr. Mitchell
obtained the PCD in order to place a full service laundry
and dry cleaners in the area that has been the insurance
agency. His commitment by that application was that
remaining uses allowed were to be C-1 only. A bottle
shop or beverage store, as defined in the Zoning
Ordinance is not a C-1 use. Therefore, we need to
clarify the earlier use allowable and deal with
expansion.
• Staff has taken this application as a interior issue, not
a review of the total plan.
• The use mix change does not affect the parking ratios
since the overall site use is shopping center and that
requirement remains.
March 6, 1997
ITEM NO.: 3 (Cont.)
NEIGHBORHOOD COMMENT:
None received at this writing, the Birchwood Neighborhood
lies adjacent on the south and has been notified.
STAFF RECOMMENDATION:
That the request be approved as submitted and that the
amending ordinance specify beverage shop as a permitted use.
The C-1 use group would remain for conversion purposes.
PLANNING COMMISSION ACTION: (MARCH 6, 1997)
The Staff reported to the Commission that there were no
issues attached to this application.
After a brief discussion, it was determined to place this
item on the Consent Agenda for approval. A motion was made
to that effect was made. The motion to approve the Consent
Agenda passed by a vote of 9 ayes, Q nays and 2 absent.
E
March 6, 1997
ITEM NO.: 4 FILE NO.: Z -3168-A
REQUEST: That the commercial site to be
occupied by Abra Body Shop at
about 12,400 west Markham be
released from a set of
covenants established by the
Rock Creek Land Use Plan.
STAFF REPORT:
The Rock Creek Plan was a large planning effort undertaken
during 1977. That plan established strong environmental and
use considerations that were to have been enforced by an
architectural review committee. That committee failed to
develop as a review body and the covenants were never
enforced. The city was not a participant in the Plan but
acted to oversee application at permit time or rezoning.
Since 1978 there have been several owners that requested
release from the covenants after being told by a title
company that they.were an encumbrance on the land. Most
purchasers require removal prior to sale.
The City Board established the review board by action
Ordinance No. 13,372 and the convenants were recorded at the
Circuit Clerk at 78-33047..
A cancellation of restrictions instrument must be filed in
order to release Tract "M" from the convenants.
The Commission must release the covenants.
STAFF RECOMMENDATION:
Approval of the request as filed.
PLANNING COMMISSION ACTION:
(MARCH 6, 1997)
The Staff presented this request as having no objection and
no remaining issue to be resolved.
After a brief discussion, it was determined that this item
be placed on the Consent Agenda for approval. A motion to
that effect was made. The motion to approve the Consent
Agenda was approved by a vote of 9 ayes, 0 nays and 2
absent.
0
cr0
W
crW
0
Z
0
cn
0
z
z
z
CL
N-
212
IN
w
V
W
H
Q
s
��
0
Q
2
rA
m
Q
QI
W
Q
z
MMIIIII
NONNI!
Emil
mm
I
Malin
soon
1111118
loan
11111111,0111
IN
mm
MEN
1111
III
mm
1111111111
Malmo
mum=
On
11
=m
mmm
oil
Monson
s
��
0
Q
2
rA
m
Q
QI
W
Q
z
MMIIIII
NONNI!
Emil
mm
I
soon
1111111
11
=m
mmm
oil
Monson
s
��
0
Q
2
rA
m
Q
QI
W
Q
z
March 6, 1997
There being no further business before the Commission, the
meeting was adjourned at 6:20 p.m.
Date
ec LetarY dirmfin C�