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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�