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pc_11 13 1997LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD NOVEMBER 13, 1997 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Members Present: Craig Berry Herb Hawn Bill Putnam Suzanne McCarthy Doyle Daniel Hugh Earnest Larry Lichty Sissi Brandon Pam Adcock Members Absent: Ron Woods Mizan Rahman City Attorney: None Present LITTLE ROCK PLANNING COMMISSION REZONING AND PLANNING AGENDA NOVEMBER 13, 1997 4:00 P.M. I. DEFERRED ITEMS A. Z-6386 6106 Fourche Dam Pike R-2 to C-3 B. Land Use Plan Amendment - Text and Definition Change C. Central High Vision Framework II. REZONING ITEMS 1. Z -4270-A 8001 Stagecoach R-2 to C-3 2. Z -4933-A 15701 Chenal Parkway PCD to C-3 III. PLAN ISSUES 3. Land Use Plan Amendment - Chenal District - 16901 Cantrell 4. Land Use Plan Amendment - Geyer Springs West District - 10112 Chicot 5. Land Use Plan Amendment - Central City District - 1301 Jones IV. OTHER MATTERS 6. Adoption of 1998 Planning Commission Calendar 7. Review of "Buffer" Definitions November 13, 1997 ITEM NO.: A FILE NO.: Z-6386 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: C. Arthur and Caroline W. Biggs Caroline W. Biggs 6106 Fourche Dam Pike Rezone from R-2 to C-3 Construct neighborhood grocery store with restaurant 1.16± acres Vacant lot SURROUNDING LAND USE AND ZONING North - Single family; zoned R-2 South - Single family; zoned R-2 East - Levee and Fourche Creek Floodway; zoned R-2 West - Single family; zoned R-2 PUBLIC WORKS COMMENTS 1. Fourche Dam Pike Road is listed on the MSP as a collector, dedication of right-of-way to 30 feet from centerline of street is required. 2. With development construct half street improvements, including sidewalks, to Fourche Dam Pike Road. Provide street plans per MSP and site grading and drainage plans to Bruce Kemmet, 701 West Markham, prior to construction. 3. A grading and development permit for special flood hazard area are required prior to construction. Contact Steve Loop or Melvin Hall at 371-4811 for assistance. 4. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. 5. Fourche Dam Pike Road has a 1995 average daily traffic count of 2,500. LAND USE ELEMENT A request to rezone a tract of land at 6106 Fourche Dam Pike from 'R-2' to 'C-3' was filed. Upon review of the Land Use Plan, staff determined that the request was in conflict with the Plan and was a major change in use. As a result a Land Use Plan amendment has been developed for the Planning Commission's consideration. November 13, 1997 ITEM NO.: A (Cont.) FILE NO.: Z-6386 The request is in the Port District. The Plan recommends Single Family use. The request is for Commercial use. There have been no changes to the Plan in this area, since the current Plan was adopted. The area in question is north of Roosevelt Road, along Fourche Dam Pike and east of Fourche Creek. This is an older single family area. Development is a classic rural single family area. That is, homes along a country road. The Plan recognizes the existing development pattern and recommends maintaining it. To the west is a large industrial area. The uses front the runway for the Little Rock airport. Along most of the industrial use is an open space strip (on the Plan and zoned) to draw a line stopping the nonresidential use. To the south is a commercial area at Roosevelt and Fourche Dam Pike. This was historically an important intersection of two major roads. Currently, the City classifies both roads as collectors. The commercial services the local neighborhood as well as the passing traffic. NOTE: After the tornado only one commercial use remains. Most of the nonlocal traffic travels Roosevelt. This portion of Fourche Dam Pike is not likely to function as a major transportation route. Fourche Dam Pike is a loop road at this location servicing the immediate area. The uses serviced by Fourche Dam Pike are single family and a church. This is not a commercial or industrial area. In fact, it 'feels, like a neighborhood street from Cooper to Roosevelt. To change the Plan at this location to Commercial would introduce a major change and would not be compatible with the existing development pattern. The City has indicated with the open space strips (plan and zone) that the nonresidential use should remain to the west. The area is a viable residential area; however, an introduction of nonresidential use will likely result in the lot by lot demise of the area. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. A special rush hour rate does extend down East Roosevelt Road, to the south of this site. STAFF ANALYSIS The request before the Commission is to rezone this 1.16¢ acre tract from R-2 Single Family to C-3 General Commercial. The Port District Land Use Plan recommends Single Family for this site. Staff has determined that the rezoning request requires a "major" amendment to the Land Use Plan. As per Planning Commission policy, a proposed plan amendment is 2 November 13, 1997 ITEM NO.: A (Cont.) FILE NO • Z-6386 presented as a separate item on this agenda (item no. 3-A). The rezoning request should be deferred until such time as a final determination is made on the Plan Amendment. STAFF RECOMMENDATION Staff recommends deferral of this rezoning request until the November 13, 1997 commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 2, 1997) The applicant was present. There were no objectors present. Staff recommended that the item be deferred to the November 13, 1997 Commission meeting to allow for review of a possible land use plan amendment (Item No. 3-A on this agenda). The item was placed on the Consent Agenda and deferred by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: After meeting with the applicant, it was agreed that this C-3 rezoning request is to be withdrawn. The applicant will refile as a planned development. PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) The applicants were not present. There were no objectors present. Staff informed the Commission that the applicants had filed a Planned Development for the site, which was on the Commission's December 18, 1997 agenda. It was recommended that this C-3 request be withdrawn. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 9 ayes, 0 noes and 2 absent. (The Planning Commission voted at its October 2, 1997 meeting to deny the requested Land Use Plan Amendment.) 3 November 1s, 1997 ITEM NO.: B NAME: Land Use Plan Amendment - Text and Definition Change LOCATION: various REQUEST: Modification of the Mixed Land Use Categories SOURCE: Staff STAFF REPORT: Upon further review of the mixed use categories, Staff believes clarification is needed. It was the intent of the mixed use categories to allow straight zoning to occur for areas with these classifications. However, this is not necessarily clear from the definition. Staff believes the intent of the last amendment was to prevent the more intense use, from being the sole use (only). Almost two hundred notices were distributed for comment in July. Three comments were returned: two supportive of the change, one opposed to combining MOI and MOW. This information was presented to the Plans Committee in early August. Those responding in July as well as those on the -ordinance contact" list have been notified of this meeting. Two changes are proposed. One adds language to the Mixed Office and Commercial and Mixed Commercial and Industrial categories. The second combines the Mixed Office Industrial and Mixed Office Warehouse categories into the Service Trades District. In the Mixed Commercial and Industrial category the following sentence would be added: "Acceptable uses are commercial or mixed commercial and industrial." A similar sentence is added to the Mixed Office and Commercial category -- "Acceptable uses are office or mixed office and commercial./I The definitions for MOW and MOI are the same except for switching the words warehouse and industrial. There are only 2 areas of MOI (Baseline between I-30 and I-430; and Stanton Road south of I-30) and a half dozen MOW locations (several in the western section of downtown or west of Downtown; the Bowman-Kanis area). The new definition for these areas would be: Services Trades District - This category provides for a mixture of office, warehousing and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned zoning District is required for any development not wholly office. November 1s, 1997 ITEM NO.: B (Cont.) STAFF RECOMMENDATION: Approval PLANNING COMMISSION ACTION: (OCTOBER 2, 1997) The item was placed on the Consent Agenda for deferral. The issue was deferred to November 13 by unanimous vote (11 for 0 against). PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) The item was placed on the Consent Agenda for approval. The issue was approved by unanimous vote (10 for 0 against). K November 13, 1997 ITEM NO.: C NAME: Central High Neighborhood Vision Framework LOCATION: I-630 south to Roosevelt Rd. Martin Luther King Jr. Dr. west to Union Pacific R.R. SOURCE: City Staff STAFF REPORT: During the past year and a half the City of Little Rock Departments of Planning and Development and Housing and Neighborhood programs have had the opportunity to join the Central High Neighborhood in an unique approach to planning. Two charettes, one held in May of 1996 and the other in June of 1997, brought together neighborhood residents and representatives from public and private entities with a vested interest in the area. Each of these events offered an opportunity for all stakeholders to share their concerns, ideas and visions for the future of the neighborhood. This information's presented in Part I of the document entitled "Central High Neighborhood: Vision Framework." In response to housing concerns raised at the Charettes, Part II of the report details the Housing and Neighborhood Programs framework for a Homeownership Zone. This examines housing as not just as a social opportunity, but also as an economic development opportunity. As redevelopment and investment occurs in the area it is important that the elements that make the neighborhood unique are not lost. To that end, the last section contains conceptual urban designs which could be used to enhance and strengthen the characteristics of the Central High Neighborhood. Copies of the vision Framework were distributed to all participants with attendance at both Charettes. Other participants were notified that copies were available at the Central High and Wright Ave. Alert Centers, and the Department of Planning and Development. Feedback and comments to the Vision Framework were encouraged. PLANNING COMMISSION ACTION: (OCTOBER 2, 1997) At the request of the neighborhood, this item was deferred to November 13. 2November 13, 1997 ITEM NO.: C (Cont.) PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) Tim Polk, Director of Housing and Neighborhood Programs reviewed the process used for the development of this Plan. Using two charettes in 1998 and 1997 as the process, an overall vision for the area was developed. The three Neighborhood Association, other interested groups and City Staff participated in the charettes. The draft "vision frame" is the completion of the Planning and Development Department's work. Housing and Neighborhood Program will now work with the neighborhood to implement the Plan. Cliff Riggs, President Central High Neighborhood Association, stated City Staff has followed directions well and produced a document that has value. But this is not the document the neighborhood will produce as the Neighborhood Plan. This document fits in the middle of the guidelines and initiatives for the neighborhood. (Listed guidelines and initiatives). Four guidelines or initiatives are not addressed in this document. Due to the events surrounding the Central High anniversary, tje residents have not had time to devote to this issue. we would like to continue the process and use some of the information in this report. Commissioner Earnest was recognized. The following motion was made: "to withdraw the resolution before us and direct Planning and Development staff to discontinue further involvement on the Central High vision Framework. Staff should again assist with the development of the Plan at such time as all recognized neighborhood associations within the area jointly request a neighborhood plan process with an agreed to framework." (Second Adcock) The motion was approved unanimously (10 for 0 against). 0a November 13, 1997 ITEM NO.: 1 FILE NO.: Z -4270-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: International Union of Operating Engineers William Watt 8001 Stagecoach Road Rezone from R-2 to C-3 Develop site for pharmacy and general offices 3.75± acres vacant, undeveloped SURROUNDING LAND USE AND ZONING North - Church and salvage yard, zoned R-2; equipment company , zoned C-4 South - Undeveloped woodland and floodway, zoned R-2 East - I-430 right-of-way; garden center and nursery, zoned PCD West - Undeveloped, wooded tract, zoned C-3 PUBLIC WORKS COMMENTS 1. Stagecoach Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way will be required to 45 feet from centerline for this 5 lane minor arterial. 2. Provide in -lieu contribution for street improvements for Stagecoach Road. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Contact the AHTD for work within the State Highway right-of-way. 5. Highway 5 has a 1995 average daily traffic count of 7600. 6. A sketch grading and drainage plan, a special flood hazard permit, and a special grading permit for flood hazard areas is required. Arkansas Department of Pollution Control and Ecology (ADPCE) and National Pollutant Discharge Elimination System (NPDES) permit should have been issued for this work. 7. All driveways shall be concrete aprons per City Ordinance. 8. Stormwater detention ordinance applies to this property. 9> Prepare letter for street lights as required by Sec. 31- 403. November 13, 1997 ITEM NO.: 1 (Cont.) FILE NO.: Z -4270-A 10. Provide striping and signage plans for the development, for Traffic Engineering approval. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The site is in the Otter Creek District. The Plan recommends Mixed Commercial Industrial use. The commercial use is consistent with the Plan. STAFF ANALYSIS The request before the Commission is to rezone this 3.75± acre tract from "R-2" Single Family to "C-3" General Commercial. The property is currently undeveloped and partially wooded. Once rezoned, the applicant proposes to develop the site with uses including a pharmacy and general offices. The property is located at the southwest corner of Stagecoach Road and I-430 with Stagecoach forming the northern boundary and the interstate abutting the eastern perimeter. Uses in the area range from large tracts of undeveloped property to a salvage yard, a church and a garden center. There are other, smaller nonresidential uses scattered around this freeway interchange. The site is bounded on the west by a similarly sized tract of undeveloped C-3 property. An undevelopable floodway is located south of the site. The proposed C-3 zoning is compatible with uses and zoning in the area. The Otter Creek District Land Use Plan recommends Mixed Commercial/Industrial for the properties on the south side of this portion of Stagecoach Road and Commercial for the properties on the north side. The floodway to the south is designated Park/Open Space by the Plan. Staff believes a C-3 request for this site is consistent with the Plan. STAFF RECOMMENDATION Staff recommends approval of the requested being consistent with the Land Use Plan and zoning and uses in the area. 2 C-3 zoning as compatible with November 13, 1997 ITEM NO.: 1 (Cont.) FILE NO.: Z -4270-A PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The Commission was informed that the required notices had not been sent in a timely manner. It was noted that only three property owners were within 200 feet of the site; the City of Little Rock, the applicant (who also owns additional property in the area) and Carter Oil Company. Carter Oil Company had provided a signed affidavit waiving the 15 day notice and stating that they did not object to the rezoning. A motion was made to waive the bylaws and accept the notices. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. The rezoning request was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. 3 November 13, 1997 ITEM NO.: 2 FILE NO.: Z -4933-F Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Eugene M. Pfeifer, III James E. Hathaway, Jr. 15701 Chenal Parkway Rezone from PCD to C-3 Future retail development 1.09± acres Vacant, wooded tract SURROUNDING LAND USE AND ZONING North - Chenal Parkway Right-of-way and undeveloped/ wooded tracts zoned 0-3 and C-2 South - One Source Warehouse and Lumber yard, zoned PCD East - Construction office and contractor's storage yard, zoned R-2 West - One Source Warehouse and Lumber Yard, zoned PCD PUBLIC WORKS COMMENTS Below is the result of discussion with the developer and Board of Directors action: 1. Ordinance 17,009 gives the developer permission to install a drive onto the new north -south arterial and establishes a procedure for when this drive would need to be removed. 2. The Board of Directors determined that the $20,000 requested for contribution towards construction of the intersection of the arterial with Chenal was not an appropriate request. To our knowledge there was not formal waiver but a determination that this request was not appropriate. 3. That Public Works and the developer's engineer agreed to an area of additional right-of-way at the northeast corner of the lot for purposes of construction of a right -turn lane at a future date. This right-of-way is shown on a plat of the amended PCD prepared by White- Daters dated 1-16-96. 4. That One Source agreed to an in -lieu for the construction of a right -turn lane on Chenal Estimated cost is $25 to $30 thousand dollars. 5. That the developer agreed to construct 1/2 of the length of the arterial on the east side of the property, but November 13, 1997 ITEM NO.: 2 (Cont.) FILE NO.: Z -4933-F that the cost would not exceed 1/2 of the cost of 1/2 of the width for the total boundary length. 6. That the Board of Directors denied the request for a waiver of 1/2 commercial street improvements to Kanis Road on the frontage of the property. Additional requirements: 7. Dedication of right-of-way to 30 feet from centerline of Kanis including a 20 feet radial dedication at the northeast and southeast corner of property. 8. Dedication of right-of-way to 45 feet from centerline of the new arterial to the east. 9. With development construct half street improvements including sidewalks, for Kanis Road to collector standards. Provide design of streets in accordance with Master Street Plan prepared by Professional Civil Engineer. 10. Construct 5 feet wide sidewalk including access ramps, on the back of right-of-way of Chenal Parkway, and the new arterial. 11. Stormwater detention ordinance applies to this property. 12. Chenal Parkway has a 1995 average daily traffic count of 11,000. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The site is in the Ellis Mountain District. The Plan recommends Commercial use. There is no land use plan issue. STAFF ANALYSIS The request before the Commission is to rezone this 1.09± acre tract from "PCD" Planned Commercial Development to "C- 311 General Commercial. The property is currently undeveloped and wooded. The applicant proposes unspecific future retail development for the site once it is rezoned. The parcel is part of the larger One Source Home Center PCD. On December 26, 1990, Mechanics Lumber Company PCD was approved for the 8.8± acre tract located at the southeast corner of Chenal Parkway and Kanis Road. The PCD established a 3 lot development with a hardware store/lumber yard to be built on the larger of the 3 lots (Lot 1). No uses or site plans were approved for the two smaller lots at that time, including this subject property which was 2 November 13, 1997 ITEM NO.: 2 (Cont.) FILE NO.: Z -4933-F identified as Lot 3. On December 20, 1994, Worthen Bank Branch amended PCD was approved for Lot 2, at the corner of Chenal and Kanis, with a bank listed as the only approved use. On November 21, 1995, One Source Home Center amended PCD was approved which combined the subject Lot 3 with the larger Lot 1 to allow for expansion of the hardware store/lumber yard and all permitted and conditional uses in the C-3 district. On September 16, 1997, the Worthen Bank Branch amended PCD was revoked for Lot 2 and that lot was zoned C-3. The applicant is now requesting that this lot (Lot 3) also be zoned C-3. This technically means the One Source Home Center PCD will be amended to remove this 1.09± acre tract from the PCD. This action will have the effect of leaving the One Source Home Center on Lot 1, as it is now. This subject property, Lot 3, can then be developed for C-3 uses. Staff believes the C-3 zoning request is reasonable for this site. The Ellis Mountain District Land Use Plan recommends Commercial for this site and the properties abutting to the east, west and south. The Plan recommends Commercial and Office for properties across Chenal Parkway, to the north. The PCD zoned property to the west and south is occupied by the One Source Home Center and Lumber Yard. A construction company/contractor's storage yard is located to the east. The large tracts of 0-3 and C-2 zoned properties across Chenal Parkway are currently undeveloped and heavily wooded. The PCD which currently covers this lot allows for all permitted and conditional uses in the C-3 district. Rezoning the site to C-3 will eliminate the conditional uses as "by -right." Development of the site will have to comply with the Chenal/Financial Centre Design Overlay District guidelines regarding signage, lighting and utilities. STAFF RECOMMENDATION Staff recommends approval of the requested C-3 zoning as conforming to the Land Use Plan and being compatible with uses and zoning in the area. PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. 3 November 13, 1997 ITEM NO.: 3 NAME: City Land Use Plan Amendment Chenal Planning District LOCATION: 16,901 Cantrell Road REQUEST: To change an area from Single Family to Transition SOURCE: William J. Ormsbee STAFF REPORT: At the request of a property owner, a plan amendment review was initiated. The property owner requested a Single Family area be changed to Transition. The site is located in an unincorporated island that is within the City's planning and zoning jurisdiction. Planning Staff reviewed the existing land use and zoning patterns in the area, as well as the Land Use Plan. The south side of Cantrell is zoned R2 with the exception of two properties just east of Katillus Road which have a POD designation. The north side of Cantrell is zoned with an OS strip along Cantrell and C2 zoning beyond the OS. At the northwest corner of Katillus and Cantrell there is a gas station with PCD zoning. The property directly west of the site currently has a non -conforming use of a veterinary clinic. The most recent land use amendment in the immediate area was in April 1997. This amendment was to change an area of (SF, O) to (PI, SO, MF) near the intersection of Chenonceau Blvd and Cantrell. The area in question is in a residential area on the south side of Cantrell. With the exception of the non -conforming use at the southeast corner of Drew and Cantrell, all the property is small lot single family homes and large lot single family homes. Staff feels that Transitional uses should not extend beyond the PK/OS area. Currently, there is property available in the existing Transition area to the east of the PK/OS that would be appropriate for the uses the applicant is asking for. STAFF RECOMMENDATION: Staff can not recommend a land use change from Single Family to Transition. PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) Shawn Spencer, Planner II, presented the item. Mr. Spencer stated that there have been no letters received in opposition or November 13, 1997 ITEM NO.: 3 (Cont.) in agreement of the item. Three phone calls have been received concerning the item. Two of the three abutting property owners are in favor of the amendment. The third property owner is neither in favor or against the amendment, but did ask for a deferral until she can make a decision. Mr. Spencer reviewed the background of the item for the Commission. The applicant, William Ormsbee, was present. Mr. Ormsbee stated he is currently leasing the property at the southeast corner of Drew and Cantrell, which has a non -conforming status. His plans are to move his business to the property between the non -conforming use and the creek. During the last eight and a half years he has operated a veterinary clinic at this location and has just recently outgrown his building. Mr. Ormsbee went into more detail about the operations of his current business and his proposed site. Commissioner Hawn asked staff about the status of the residential area across from the large commercial land use area. Mr. Spencer stated that the area of the amendment is currently an established residential area except for the non -conforming use that the applicant operates out of. Commissioner Brandon asked the applicant if any waste products from the animals would reach the creek. Mr. Ormsbee stated that contamination of the creek would not happen. Discussion then followed on the appropriateness of the requested land use in a Transition area and what is allowed in Transition. A POD would also be required in the Transition land use. Mr. Ormsbee stated that he was aware of this requirement and had no problems with filing a POD at the appropriate time. Jim Lawson, Director of Planning and Development, suggested that the item could be deferred, so Staff could re -study the land use amendment. Commissioner Hawn stated that he would be in favor of deferring the item so staff would have time to re-evaluate their recommendation and look at a larger study area. Mr. Ormsbee said he would have no problem deferring the item. Chairman Lichty reminded the applicant that after the re-evaluation that staff may not change their recommendation. Commissioner Earnest stated that the Park/open space would serve as a buffer between the Transition area and the Single Family area, but the non -conforming use weakens the argument for using the Park/open space as the line between Transition and Single Family. He would also be in favor of deferring the item. Commissioner Hawn made a motion to defer Item 3 until the December 18th public hearing. Motion was seconded. Motion carried. (8 ayes, 0 nays, 2 absent) OA November 13, 1997 ITEM NO.: 4 NAME: Land Use Plan Amendment - Geyer Springs West District LOCATION: 10112 Chicot Road REQUEST: Amend the Land Use Plan from Multi -family to Office SOURCE: Woody Parker, Agent STAFF REPORT: The property is in the Geyer Springs West District, west of Chicot Road, south of Rebecca Lane. Submitted as a result of a rezoning request, it is a major plan amendment. Shown on the Plan as Multi -family, the area is currently a vacant field. There are single family homes to the north and west of the property. The area south of the property was once a mobile home park which is now abandoned. There is an existing office building directly east of the site. Both the land use and zoning in the area are reflective of the existing uses. The single family homes are shown as Single Family on the Plan and zoned R-2. The vacant mobile home park is Multi -family and zoned R-7 and the office building is shown as Office and zoned 0-3. The Geyer Springs West District Plan was last amended on October 2, 1997 as part of the Chicot West, I-30 South Neighborhood Action Plan. Staff contacted the steering committee about this amendment and committee was in favor of the change to office. The applicant surveyed the adjacent residents who indicated they would prefer an office development over multifamily on this property. STAFF RECOMMENDATION: Because of the close proximity of single family homes to this site Staff recommends the amendment be from Multi -family to Suburban Office. PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) Walter Malone, Planning Manager, reviewed the area. Mr. Malone indicated that the surrounding neighbors and the neighborhood plan committee both agree with a change to Office. Due to the proximity of single family homes and past experience in other sections of Little Rock, staff recommends Suburban Office not Office for this location. November 13, 1997 ITEM NO.: 4 (Cont.) Mr. Woody Parker, the applicant, distributed a parcel map of the area. The ownership including the proposed office area are delineated on the map. (This is part of a 5 acre tract.) Mr. Parker reviewed the map and described the current uses. An "0-3" request is made because the tract has been sold subject to the zoning. Since there are no definite development plans, the owner cannot rezone to "POD" at this time (as Suburban Office requires). Request "0-3" stipulating any building which might go in would have to meet the Suburban Office requirements. There was discussion about timing requirements and allowing 0-3 with restrictions in a Suburban Office area. Mr. Parker indicated that he had surveyed the surrounding owners and they all wanted Office not Multifamily. Mr. Parker again stated the "0-3" with condition is all right with the owner. Commissioner Daniel asked Mr. Scherer, Civil Engineer Manager about access. There was discussion about access review, which would be done if a site plan or plat were filed. Commissioner Putnam asked about Suburban Office land use with a restricted "0-3" zone. There was discussion about requiring site plan and height limits. The issue of Suburban Office requirement of the PUD process was discussed and meeting the spirit versus the letter of Suburban Office. Commissioner Adcock stated a Suburban Office change should be made followed by a conditioned "0-3" request. Commissioner Hawn moved the Plan be changed to Suburban Office in this location (Adcock second). Commissioner Putnam asked about a buffer on the west end of the site. There was discussion about buffering. Mr. Parker agreed to the Suburban Office change. The motion was approved (10 for 0 against). 2 November 13, 1997 ITEM NO.: 5 NAME: Land Use Plan Amendment - Central City District LOCATION: 1301 Jones Street REQUEST: Amend the Land Use Plan from Single Family to Neighborhood Commercial SOURCE: Charles Gaines STAFF REPORT: The site, at the southeast corner of Jones and 13th Street, has been submitted for a rezoning. Shown on the Land Use Plan as Single Family, an amendment to Neighborhood Commercial would be a major plan amendment. It has been over a year since a plan amendment has been approved in this district. Built as a single family home, the building is currently vacant. immediately surrounding the site are single family homes. The athletic field of Central High School is one block south. One block north of the site on 12th street is an existing small commercial node with an auto parts store, drapery cleaner, restaurant and hair salon. The railroad runs one block west of the property. The single family homes in the area are shown as Single Family on the plan and zoned R-3 Single Family and R-4 Two Family. There is C-3 General Commercial and I-2 Light Industrial zoning at the commercial node to the north. The commercial area on 12th street provides opportunities for retail and services in the area on a collector street. This area, one block to the south, was developed and remains as a residential neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the amendment from Single Family to Neighborhood Commercial. PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) Walter Malone, Planning Manager, identified the location of the request. Mr. Malone stated there is Commercial and Industrial land within a block in two directions. Staff is concerned that a change at this site would result in a multi -block change from Single Family to Commercial. Therefore, staff is not in support of a change at this time. l November 1.3 , 1997 ITEM NO.: 5 (Cont.) Mr. Charles Gaines, owner, stated he wished to erect a small family business on this site. The existing house would be removed. The resulting structure would be compatible with the neighborhood. The use would be a barber shop. Mr. Riggs, President Central High Association, stated he was against the request in part due to the removal of the structure (house). The neighborhood has concerns about the lose of housing stock and shifting the commercial from 12th Street to 13th Street. In the long run this change would prevent the rehabilitation of neighboring homes. Mrs. Victoria Gaines asked to speak. She indicated they lived next door. The business would be an asset to the neighborhood. Due to the costs of rehabilitating the existing structure, it is more desirable to start with a new structure. Commissioner Brandon indicated the new commercial building would help the visual impact, however the intrusion of nonresidential could hurt the other structures. There was discussion about the family ownership and surrounding commercial use. Commissioner Hawn raised the issue of PUD and not changing the Land Use Plan. Commissioner Hawn moved to amend the Land Use Plan as requested. There was discussion about using the existing structure, requiring a PUD, and site design -- Neighborhood Commercial PUD required. Study of Home Occupation status was discussed. The motion was denied by a vote of (0 for 8 against, 2 abstention - Putnam Brandon). Staff indicated the owner can file either a rezoning or a Planned Development if they wished. K PLANNING COMMISSION CALENDAR 1998 SUBDIVISION HEARINGS: ADOPTED: November 13, 1997 AMENDED: AVAILABLE INFORMAL MEETING DATES: (to be scheduled as required) Meeting Date (5) 01-22-98 03-05-98 04-16-98 05-28-98 07-09-98 08-20-98 10-01-98 11-12-98 01-07-99 NOTE: (1) All public Hearings shall be held at 4:00 P.M. unless otherwise changed by the Commission. (2) All meetings shall be held at 1:00 P.M. unless changed by the Subdivision Committee. (3) An agenda meeting will be held prior to each public hearing date and to begin at 3:30 P.M. in the Sister Cities Conference Room. (4) No agenda meeting these dates. (5) All informal meetings shall be held at 3:30 P.M. unless otherwise changed by the Commission. (6) All meetings shall be held at 11:00 A.M. unless otherwise changed by the Plans Committee. NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. Subdivision Filing Date Legal Ad Committee (2) Hearing Date (1) (3) 12-22-97 01-02-98 01-15-98 02-05-98 02-09-98 02-20-98 02-26-98 03-19-98 03-23-98 04-03-98 04-09-98 04-30-98 05-04-98 05-15-98 05-21-98 06-11-98(4) 06-15-98 06-26-98 07-02-98 07-23-98 07-27-98 08-07-98 08-13-98 09-03-98 09-08-98 09-18-98 09-24-98 10-15-98 10-19-98 10-30-98 11-05-98 12-03-98 12-07-98 12-18-98 12-30-98 01-21-99 PLANNING & REZONING HEARINGS: Filing Date Legal Ad Plans Committee(6) Hearing Date (1) (3) 11-17-97 11-28-97 12-01-97 12-15-97 01-08-98(4) 01-12-98 01-23-98 01-26-98 02-09-98 02-19-98 02-23-98 03-06-98 03-09-98 03-23-98 04-02-98 04-06-98 04-17-98 04-20-98 05-04-98 05-14-98(4) 05-18-98 05-29-98 06-01-98 06-15-98 06-25-98 06-29-98 07-10-98 07-13-98 07-27-98 08-06-98 08-10-98 08-21-98 08-24-98 09-14-98 09-17-98 09-21-98 10-02-98 10-05-98 10-19-98 10-29-98 11-02-98 11-13-98 11-16-98 11-30-98 12-17-98 12-21-98 01-08-99 01-04-99 01-18-99 02-04-99 AVAILABLE INFORMAL MEETING DATES: (to be scheduled as required) Meeting Date (5) 01-22-98 03-05-98 04-16-98 05-28-98 07-09-98 08-20-98 10-01-98 11-12-98 01-07-99 NOTE: (1) All public Hearings shall be held at 4:00 P.M. unless otherwise changed by the Commission. (2) All meetings shall be held at 1:00 P.M. unless changed by the Subdivision Committee. (3) An agenda meeting will be held prior to each public hearing date and to begin at 3:30 P.M. in the Sister Cities Conference Room. (4) No agenda meeting these dates. (5) All informal meetings shall be held at 3:30 P.M. unless otherwise changed by the Commission. (6) All meetings shall be held at 11:00 A.M. unless otherwise changed by the Plans Committee. NOTICE: AN INTERPRETER WILL BE PROVIDED FOR THE HEARING IMPAIRED UPON REQUEST. REQUEST SHOULD BE MADE TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT AT LEAST TWO WORKING DAYS PRIOR TO THE SCHEDULED MEETING DATE. November 13, 1997 ITEM NO.: 7 TITLE: Briefing on Buffer Definitions STAFF REPORT: This item is intended to help clarify the term "buffer" and how it may be used under current ordinances. Staff will review the various definitions of "Buffer" from the City Code. PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) Jim Lawson, Director of Planning and Development, spoke and gave a brief overview of the issue. Mr. Lawson discussed the buffer issue that had occurred adjacent to the Birchwood neighborhood and he said that it pointed out that people are unclear about the definitions of buffer and open space. Mr. Lawson went on to describe the OS Open Space zoning district and said the city has zoned land OS for buffers. Mr. Lawson then told the Commission that the definition of buffer does not mean it cannot be undisturbed. Mr. Lawson said that the city needs to be more careful how the different terms are used, but staff feels that there is nothing wrong with the definitions and they do not need to be changed. Mr. Lawson said the staff's position was discussed with the Plans Committee. Mr. Lawson made some additional comments and said the Commission might consider reducing the 50 foot minimum requirement for OS. Mr. Lawson concluded by saying that the City regrets that was a misunderstanding in the Birchwood neighborhood, but it has been resolved. Chairman Larry Lichty spoke and said that the misunderstanding came about as the result of a retaining wall structure being placed in the buffer area. Chairman Lichty said the construction of the retaining wall created the confusion over the buffer area. Chairman Lichty said that when the Commission reviews a buffer, the intent is for the area to be undisturbed. Commissioner Herb Hawn made some comments and said the Birchwood problem was created by the placement of a functional structure instead of a buffering structure. Commissioner Bill Putnam spoke and described the Birchwood situation as an atrocious act and said undisturbed means undisturbed. Commissioner Hawn read a definition of buffer and suggested that the Commission needed to state what they mean when different terms are used. November 15, 1997 ITEM NO • 7 (Cont.) I Commissioner Doyle Daniel then asked staff whether the court order was the primary cause of the problem because the language was very vague. Jim Lawson stated that was correct. Commissioner Daniel made additional comments about the court order and the problems that it caused. Jim Lawson then said the court used the word "buffer so the City used the ordinance definition of buffer. Mr. Lawson said, in 1984, the neighborhood thought buffer meant undisturbed, but the court order was not written that way. Mr. Lawson told the Commission that the City needs to be very clear about what is meant by buffer and everybody is on the same page when undisturbed and buffer are used. Commissioner Pam Adcock questioned whether it would be easier to state that buffer means undisturbed and any changes would have to be reviewed by the Planning Commission. Jim Lawson responded and said that some developments never go before the Commission and it would cause problems to bring everything to the Commission. Discussion continued on the issue requiring buffers to be undisturbed and modifications would come before the Planning Commission. Commissioner Adcock stated that it would be easier if everybody just used one word, one term. Jim Lawson said that staff will need to make sure that the type of buffer is clarified for the record when an applicant makes reference to buffer or undisturbed. This should ensure that all interested parties have a clear understanding of what will take place in the buffer area. Commissioner Hugh Earnest told the Commission that the Plans Committee discussed the buffer issue at their last meeting. Commissioner Earnest then commented on the existing definitions and how it provides for some flexibility to allow needed plantings or landscaping. Additional comments were offered by several commissioners. The Planning Commission took no formal action on this discussion item. 2 0 cc: 0 C-) LLJ LU I-- 0 Z 0 C!n 0 z E z CL tZi N� n. ME �0- CO I I i Z M Lij z 0 w< z LLI __j 0 :DU3rj < 0 < Z ry- cc < < ca- —1 co 0 cr LLJ >-- cl) uj 0 C) '< r -C < Z < :5 Ed �:e 0 o U5 Cc) Cc cz 0 C) = < < 0 P o < Cow L<U I : E = 0 < a-3: ::3 n. ME �0- CO I I i November 13, 1997 There being no further business before the Commission, the meeting was adjourned at 5:50 p.m. Date i - Secret rye Cha' an