pc_11 01 1994I.
Ii.
LITTLE ROCK PLANNING COMMISSION
REZONING BEARING
MINUTE RECORD
NOVEMBER 1, 1994
12:30 P.M.
Roll Call and Finding of a Quorum
A Quorum was present being eleven in number.
Approval of the Minutes of the Previous Meeting
The minutes of the September 20, 1994 meeting were
approved as mailed. (K. Oleson abstained from voting
on the minutes.)
Members Present:
Members Absent:
City Attorney:
Diane Chachere
Ramsay Ball
John McDaniel
Kathleen Oleson
Bill Putnam
Mizan Rahman
Joe Selz
Brad Walker
Emmett Willis
Ron Woods
B. J. Wyrick
None
Stephen Giles
LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
AGENDA
NOVEMBER 1, 1994
I. REZONING ITEMS
1. Z -4461-A
2. Z -4664-A
3. Z -5346-C
4. Z-5889
5. Z-5890
6. Z-5891
7. Z-5895
8. Z-5896
9125 Sibley Hole Road
R-2
to
I-2
12725 Interstate 30
R-2
to
I-2
Interstate 30 and Baseline Road
R-2
to
C-4
7715 Geyer Springs Road
R-2
to
C-4
4600 John Barrow Road
R-3
to
C-4
9304 Interstate 30
R-2
to
C-4
#1 Serenity Drive
R-2
to
0-1
Black Road and Piggee Street
R-2
to
R-5
II. OTHER MATTERS
9. West 28th Exclusive Right -of -Way Abandonment (G-23-219)
10. 1994 Zoning and Subdivision Ordinance Amendments, Phase III
November 1, 1994
ITEM NO.• 1 Z -4461-A
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Harold and Evelyn Williams
Harold Williams
9100 Block of Sibley Hole Road
Rezone from R-2 to I-2
Industrial
3.92 acres
Vacant
SURROUNDING LAND USE AND ZONING
North - Vacant, zoned R-2
South - Single -Family and Office, zoned R-2 and 0-3
East - Vacant, zoned R-2
West - Vacant, zoned R-2
STAFF ANALYSIS
The property in question is located between I-30 and
Baseline Road, and the request is to rezone approximately 4
acres from R-2 to I-2. The owner has indicated that he has
been approached by an individual who is interested in
purchasing the property for a light manufacturing use. At
this time, the site is undeveloped and has several trees on
it. The land is situated on the east side of Sibley Hole
and about midway between Baseline and the I-30 frontage
road. The acreage has 208 feet along Sibley Hole Road and a
depth of 822 feet.
Zoning in the general vicinity is R-2, 0-3, C-4 and I-2,
with the property abutting R-2 and 0-3 land. The most
recent rezoning action in the area was the approval of the
0-3 for the parcel directly to the south. The existing I-2
is north of Baseline Road and to the south of the 0-3. Land
use is made-up of single family residences, office, a
funeral home, a cemetery, commercial, outside amusement and
industrial. There are also large parcels that are still
vacant.
In 1985 an I-2 application was filed for the same piece of
property, after an enforcement action was initiated by the
city staff. The site had some nonconforming status and it
was determined that the owner had expanded the use, a
construction storage yard. Prior to being annexed, there
was some limited storage taking place and the activity was
increased after becoming a part of the city. (The area was
November 1, 1994
ITEM NO • 1 z -4461-A (Cont.)
annexed in 1979.) There was opposition to the I-2 request
and the rezoning was denied by the Planning Commission. The
denial was appealed to the Board of Directors and the Board
also rejected the I-2 proposal. Staff did not support the
I-2 in 1985.
it is the staff's position that the character of the area
has not changed since 1985 and there is no strong
justification for an industrial reclassification of the
site. The property is within the Otter Creek plan area and
the recommended land use is multifamily which was the
designation is 1985. The nonresidential areas are located
to the south, mixed office and commercial, and north of
Baseline Road, industrial. The approval of the 0-3
reinforced the plan's direction and also provides a good
transition between the intense zoning, C-4 and I-2, to the
south and the residential area to the north. The site is
somewhat removed from more desirable nonresidential
locations, either Baseline or I-30. Also, the proposed
rezoning could have an adverse impact on the nearby
residential properties.
LAND USE PLAN ELEMENT
The site is in the Geyer Springs West District. The adopted
Land Use Plan recommends Multifamily for the site. There is
single family to the south and industrial to the north.
This location is the transition from Single Family to
Industrial uses. Not only is the use a question but the
massing change for small units to large structures with
large parking areas should be transitioned (if one changes
from a large area of one type to a large area of the other).
Staff continues to believe there is a need to protect the
single family homes to the south and that the adopted plan
does a better job of protecting the residential area than
continuing the industrial use to the south.
ENGINEERING COMMENTS
1. The right-of-way standard for Sibley Hole Road is 25
feet from the centerline. If the existing right-of-way
is deficient, dedication of additional right-of-way
will be required.
2. Prior to issuance of a building permit, a grading and
drainage sketch plan will be need to be provided.
STAFF RECOMMENDATION
Staff recommends denial of the I-2 rezoning request.
2
November 1, 1994
ITEM NO 1 Z -4461-A (Cont.)
PLANNING COMMISSION ACTION:
(NOVEMBER 1, 1994)
The applicant, Harold Williams, was present. There were no
objectors in attendance. Mr. Williams asked that the item
be deferred. Hearing no opposition to the deferral request,
the item was placed on the Consent Agenda.
As part of the Consent Agenda, the rezoning was deferred to
the December 13, 1994 meeting. The vote was 11 ayes, 0 nays
and 0 absent.
November 1, 1994
ITEM NO.: 2 Z -4664-A
Owner: James and Pansy Gilliam
Applicant: Scott Fleischman
Location: 12,725 I-30 (West of Vimy
Ridge Road)
Request: Rezone from R-2 to I-2
Purpose: Storage of equipment and
materials
Size: 8 acres
Existing Use: Storage
SURROUNDING LAND USE AND ZONING
North - Vacant and Optimist facility, zoned R-2, I-2
and OS
South - Vacant, zoned R-2
East - Vacant, zoned R-2
West - Vacant, zoned R-2
STAFF ANALYSIS
The request before the Planning Commission is to rezone a
land area of 8 to 9 acres from R-2 to I-2. The proposed use
is storage of materials, railroad ties, and equipment, which
some of the property is being used for now. The site uses
an I-30 address, but it does not have any frontage on a
dedicated street. The property is approximately 1,000 feet
south of the interstate. It appears that there is a metal
building on a portion of the site and the remaining land
area is vacant. There is some floodway involvement on the
property and the site abuts a railroad right-of-way.
Zoning in this area is R-2, C-2, C-4, I-2 and OS. The
nonresidential zoning is primarily found between the
railroad tracks and the I-30 service road. The property in
question abuts R-2 and I-2 land. Land use is similar to the
existing zoning and includes single family, commercial and
industrial. The residential area is found to southeast,
adjacent to Alexander road, and the nonresidential uses are
located to the northwest of the tracks. Another use is the
immediate vicinity is an Optimist facility which is a
community center and park.
The adopted plan identifies the property for mixed
commercial and industrial uses. Therefore, an I-2
reclassification conforms to the land use element and is a
November 1, 1994
ITEM NO.: 2 Z -4664-A (Cont.)
reasonable option for the location. Rezoning to I-2 should
not have an impact on any of the nearby properties or the
single family area because it is somewhat removed from the
site under consideration. The only issue associated with
this request is the zoning of the floodway area to OS.
LAND USE PLAN ELEMENT
The site is in the Otter Creek District. The adopted Land
Use Plan recommends Mixed Commercial and Industrial. Based
on the existing conditions - creek, railroad and uses, the
request is generally in conformance with the plan.
ENGINEERING COMMENTS
Dedication of the established floodway.
STAFF RECOMMENDATION
Staff recommends approval of I-2 and OS for the floodway.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
Staff reported that the rezoning needed to be deferred
because the applicant had not notified the required property
owners. As part of the Consent Agenda, the item was
deferred to the December 13, 1994 meeting. The vote was
11 ayes, 0 nays and 0 absent.
2
November 1, 1994
ITEM NO.: 3 Z -5346-C
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
BHM Rentals
Robert M. Brown
I-30 and Baseline Road
Rezone from R-2 to C-4
Commercial
4.2 acres
Commercial (nonconforming)
SURROUNDING LAND USE AND ZONING
North - I-30 right-of-way, zoned R-2
South - Commercial, zoned C-3
East - Commercial and Industrial, zoned R-2 and I-2
West - Commercial, zoned C-3
STAFF ANALYSIS
The property in question is zoned R-2, and the request is to
rezone the site to C-4. At this time, there are several
nonconforming uses on the acreage, including auto sales,
auto repair, body shop and an animal clinic. There are
approximately 10 structures on the property, and the acreage
has frontage on the I-30 frontage road and Baseline Road.
Other than some type of commercial use or uses, no specifics
have been provided about the property's future.
Zoning in the general vicinity is R-2, R-5, 0-1, C-3, C-4,
I-2, OS, PCD and PID. For properties with frontage on I-30
and Baseline, the nonresidential zoning is C-3, C-4 and I-2.
This property is the only remaining R-2 tract in the
immediate vicinity. The highest percentage of the R-2 is
situated north of I-30 and south of Baseline, where the
established residential neighborhoods are located. Land use
is a combination of single family, multifamily, commercial
and industrial. Several of the C-3 and I-2 tracts are
undeveloped of this time.
An I-2 request was submitted in 1990 for the same property.
The industrial reclassification was supported by the staff
and endorsed by the Planning Commission. The rezoning
request was never acted on by the Board of Directors because
the owner did not dedicate the additional right-of-way for
Baseline Road.
November 1, 1994
ITEM NO.: 3 Z -5346-C (Cont.)
Geyer Springs West is the land use plan which covers the
area under consideration. The plan shows the site for
"park/open space" use. It appears that this land use
designation was determined to be the most appropriate
because of the need for public open space in the area and
the site has minor waterways on the east and west sides.
The land is not identified on the Master Parks Plan as any
type of park facility.
Because of the existing development on the property and in
the area, staff is of the opinion that the land use plan is
somewhat unrealistic. With I-2 abutting the site on the
east, C-3 on the west and I-30 to the north, a C-4
reclassification is a reasonable option for the property.
Over the years, the city has endorsed a pattern of C-3, C-4
and I-2 along most of I-30. Rezoning the 4.2 acres should
not have any adverse impact on the existing development
found in the area. Locating a park area south of Baseline
is more desirable and it would be more accessible to the
neighborhoods. A plan amendment will be offered to the
Board should the Planning Commission recommend approval of
the C-4 request.
LAND USE PLAN ELEMENT
The site is in the Geyer Springs West District. The adopted
Land Use Plan recommends Park/Open Space. While there are
two creeks bordering this site, they are not much more than
ditches. The land uses are in place and staff has
previously agreed that the plan should be amended to allow
commercial use.
ENGINEERING COMMENTS
Baseline Road is classified as a minor arterial, and the
right-of-way standard is 45 feet from centerline.
Dedication of additional right-of-way will be required
because the existing right-of-way is deficient.
STAFF RECOMMENDATION
Staff recommends approval of the C-4 rezoning request.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
The applicant, Robert Brown, was present. There was one
objector in attendance. Mr. Brown spoke and suggested that
Fa
November 1, 1994
ITEM NO.: 3 Z -5346-C (Cont.)
the person in opposition to the rezoning be allowed to
address the Commission first.
Pam Adcock, Cloverdale Neighborhood Association, objected to
C-4 and discussed southwest Little Rock. Ms. Adcock
described some of the existing uses, including the new
Wal-Mart, and said traffic was a problem. After some
addition comments, Ms. Adcock asked that action on the
rezoning be delayed to allow for more time to study the
area.
Robert Brown said he was representing Coulson Oil, the
purchaser of the property. Mr. Brown discussed the previous
1992 rezoning request and then described the area. He also
reviewed the existing zoning in the immediate vicinity.
Mr. Brown responded to some questions about access and said
there would be access points on Baseline and the I-30
service road. Mr. Brown told the Commission that no site
planning has been done for the property.
There was some discussion about various issues.
David Jones then addressed the Commission. Mr. Jones
discussed the current ownership and the contract to purchase
the land. He said the C-4 rezoning was a condition of the
contract the land. Mr. Jones went on to discuss possible
redevelopment plans for the C-3 site to the west. Mr. Jones
said staff recommendation was appropriate and C-4 was less
intense than industrial zoning. Mr. Jones said the property
was in a commercial area and C-4 offers more flexibility
than C-3. Mr. Jones then described the existing uses on the
site.
Comments were then offered by Commissioners Wyrick and
Oleson. Both were concerned with the proposed C-4 rezoning
and Commissioner Oleson was concerned with giving
creditability to the existing uses.
David Jones reminded the Commission that there was no
project for the site and there was no timetable for
developing the property. Mr. Jones then said the property
would be cleaned up after the completion of the purchase.
The Planning Commission then voted on the R-2 to C-4
request. The vote was 9 ayes, 2 nays and 0 absent to
recommend approval of the C-4 rezoning.
3
November 1, 1994
ITEM NO.: 4 Z-5889
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
EMKO Marketing Company
Gary Johnson
7715 Geyer Springs (at I-30)
Rezone from R-2 to C-4
Auto Sales
0.49 acres
Vacant building
SURROUNDING LAND USE AND ZONING
North - Commercial, zoned C-3
South - I-30 Right -of -Way, zoned R-2
East - Single -Family, zoned R-2
West - Vacant Commercial, zoned C-4
STAFF ANALYSIS
7715 Geyer Springs Road, the northeast corner of I-30 and
Geyer Springs, is zoned R-2. (The site can also be
described as the southeast corner of Young Road and Geyer
Springs Road.) The proposed use is auto sales and rezoning
to C-4 is needed to allow the car lot. The property has
frontage on Young and Geyer Springs and abuts the I-30 off -
ramp. The location has been used several commercial
ventures including a liquor store and a convenience store.
There is one vacant building on the site and the remaining
land area is paved.
Zoning in the area (both sides of the interstate) is R-2,
R-5, 0-3, C-3, C-4, I-2 and PCD. The southwest and
northwest corners of the Geyer Springs/Young intersection
are zoned C-4, and the zoning across Young Road is C-3.
Land use is similar to the existing zoning and includes
single family, multifamily, office, various types of
commercial uses and industrial.
A C-4 reclassification of this site is compatible with the
area and will not affect any of the nearby properties. The
rezoning conforms to the adopted plan, and there are no
outstanding land use issues.
November 1, 1994
ITEM NO.: 4 Z-5889 (Cont.)
LAND USE PLAN ELEMENT
The site is in the 65th Street East District. The adopted
Land Use Plan recommends Commercial. The request is in
conformance with the plan.
ENGINEERING COMMENTS
Geyer Springs Road requires a right-of-way of 45 feet from
the centerline. The existing right-of-way is deficient and
dedication will be required.
STAFF RECOMMENDATION
Staff recommends approval of the C-4 rezoning.
PLANNING COMMISSION ACTION:
(NOVEMBER 1, 1994)
The applicant, Gary Johnson, was present. There was one
objector in attendance. Mr. Johnson asked that the
opposition be allowed to address the Commission first.
Pam Adcock, Cloverdale Neighborhood Association, spoke and
said the residents have problems with the proposed C-4
rezoning and the used car lot. Ms. Adcock then made some
comments about the staff's position and the rezoning
process.
Ms. Adcock said the neighborhoods did not want a car lot and
said the residents have problems with the commercial
development that has happened over the years.
Commissioner Putnam offered some history on the area and
acknowledged that there were some problems.
Pam Adcock spoke again and made some comments about the
notification process.
Tim Polk, Acting Director of Neighborhoods and Planning,
offered some comments and said Cloverdale was a very active
neighborhood association.
Gary Johnson spoke and said he was in the process of buying
the property. Mr. Johnson said the site has been vacant and
it was an eyesore. He told the Commission that he was
attempting to clean-up the property and plans to spend
$10,000 to $15,000 to improve it. Mr. Johnson told the
Commission that no auto repair work would take place and
2
November 1, 1994
ITEM NO.: 4 Z_-5889 (Cont.
would use the same building. Mr. Johnson thought that he
would have 30 to 40 cars on the property.
Stephen Giles, Deputy City Attorney, made some comments and
discussed what questions were appropriate.
There was a lengthy discussion about a number of issues.
Gary Johnson spoke again and agreed to not having any auto
repair.
Stephen Giles told the Commission that conditions could not
be placed in the rezoning ordinance because there was no
authority to do it.
There were a number of comments made about the proposed use
and other issues.
The Planning Commission then voted on the R-2 to C-4
rezoning request. The vote was 7 ayes, 3 nays, 0 absent and
1 abstention (R. Woods) to recommend approval of the C-4.
3
November 1, 1994
ITEM NO.: 5 Z-5890
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Imogene Schmeckenbecher
Imogene Schmeckenbecher
4600 John Barrow Road
Rezone from R-3 to C-4
Auto Sales
0.64 acres
Vacant
SURROUNDING LAND USE AND ZONING
North - Vacant and Single -Family, zoned R-3
South - Single -Family and Commercial, zoned R-4 and C-3
East - Single -Family, zoned R-3
West - Single -Family, zoned R-3
STAFF ANALYSIS
The southwest corner of John Barrow Road and West 46th is
currently zoned R-3, and the request is to rezone the
property to C-4. The owner has indicated that the proposed
use is an auto sales lot. The site under consideration
extends from John Barrow Road to Ludwig Street, the first
street west of Barrow Road, and encompasses four 50 foot
lots. (The application also includes a small portion of a
fifth lot, just the north 10 feet.) The property is vacant
and has some trees on it.
Zoning in the area is R-2, R-3, 0-3, C-1, C-3 and C-4, with
the site abutting R-4 and C-3 land. The zoning across
Ludwig, Barrow and West 46th is single family residential.
The existing C-4 properties are found along Asher Avenue.
In the immediate vicinity there is no C-4 along John Barrow
Road. The most recent rezoning action in this area was a
C-3 approval for the land between this site and Asher
Avenue. The use is retail sale of auto parts. Land use is
primarily a mixture of single family and commercial uses.
other uses include a recreation facility and some light
industrial operations. In this area, the commercial uses
are found along Asher Avenue and cover the full range of
activities.
The adopted plan identifies the site under consideration for
commercial use; the entire block is commercial on the land
use plan. Therefore, some type of commercial zoning appears
to be reasonable. Because of property's location and its
November 1, 1994
ITEM NO.: 5 Z-5890 (Cont.)
relationship to the nearby single family residences, a less
intensive commercial district should be considered for the
property. To provide a good land use transition from the
C-3 on Asher Avenue to the R-3 blocks, staff suggests C-1
for the corner of West 46th and Barrow Road. This would
permit commercial uses that are more compatible with a
residential neighborhood and C-1 should have less of an
impact on the single family residences. Some of the uses
that are allowed in C-4 could create problems for the single
family lots and C-4 is the "open display" district which
causes some concerns. Staff has never supported C-4 along
Barrow Road and has recommended C-1 for commercial sites
that are at nonarterial intersections with Barrow Road.
LAND USE PLAN ELEMENT
The site is in the Boyle Park District. The adopted Land
Use Plan recommends Commercial. Because the site will be
across the street from single family uses, any commercial
development must be developed at a scale and in a manner so
as to attempt to be compatible with single family use. This
means small scale and neighborhood oriented.
ENGINEERING COMMENTS
Ludwig requires a right-of-way of 25 feet from the
centerline. Dedication of additional right-of-way will be
needed.
STAFF RECOMMENDATION
Staff recommends C-1 for 4600 John Barrow Road, and not the
requested C-4.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
The application was represented by Fred Shemwell. There
were two objectors in attendance. Mr. Shemwell presented a
graphic of the area and described the surrounding
properties. Mr. Shemwell then discussed car lots and said
he was proposing a "neighborhood" car lot. He indicated
that any repair work would take place inside the building.
Mr. Shemwell then presented some photos of the nearby uses
and residences.
Betty Snyder, Barrow Neighborhood Association, spoke against
the C-4 and the used car lot. Ms. Snyder said the
neighborhood was trying to attract positive uses and the
group was totally opposed to the request. Ms. Synder said
K
November 1, 1994
ITEM NO.: 5 Z-5890 (Cont_.
that a neighborhood plan was in the process of being
completed.
George Brown, Barrow Neighborhood Association, said the
rezoning request was not in keeping with the long-range
plans for the neighborhood. Mr. Brown also said that the
Barrow Association voted against the proposed C-4 request.
Ruth Bell, League of Women Voters, opposed the C-4 and said
there were too many potential problems.
There was some discussion about the various issues.
Imo Schmeckenbecher, the owner, spoke and requested a vote
on the C-4 rezoning.
The Planning Commission voted on the requested C-4 rezoning.
The vote was 0 ayes, 11 nays and 0 absent. The C-4
application was denied.
3
November 1, 1994
ITEM NO.: 6 Z-5891
Owner: William L. Thomas, et al
Applicant: Fred Selz
Location: 9304 I-30 (West of North
Chicot Road)
Request: Rezone from R-2 to C-4
Purpose: Office and Commercial
Size: 3.2 acres
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING
North - Vacant, zoned R-2
South - I-30 Right -of -Way, zoned R-2
East - Vacant, zoned C-4
West - Vacant, zoned C-4 and OS
STAFF ANALYSIS
This application was filed, for the most part, to correct an
error in a previous zoning action. Approximately 10 years
ago, a rezoning application was filed for this property and
land to the east (one tract), but only the eastern portion
was reclassified. This occurred because of an inaccuracy in
a survey measurement. The area to the east was rezoned to
C-4 and the property in question was left R-2. The current
request before the Commission is to rezone the remaining
acreage to C-4. The property is vacant and has some
floodway involvement on it.
The zoning pattern in this area is typical for the I-30
corridor and includes R-2, MF -18, C-3, C-4, I-2 and OS. For
the properties that front I-30, the nonresidential zoning is
C-3, C-4 and I-2. Land use is a mixture of residential,
commercial and industrial. The residential uses are
multifamily and single family residences on lots within an
established subdivision and on unplatted land.
Reclassifying the site to C-4 is compatible with the area
and should not impact any of the nearby properties. Over
the years, the City has supported C-3, C-4 and I-2 along
I-30. Therefore, a C-4 rezoning is consistent with previous
zoning actions for properties that front I-30. There is no
plan issue because the adopted plan recommends commercial.
November 1, 1994
ITEM NO 6 Z-5891 (Cont.)
LAND USE PLAN ELEMENT
The site is in the Geyer Springs West District. The adopted
Land Use Plan recommends Commercial. The request is in
conformance with the plan.
ENGINEERING COMMENTS
1. Dedication of the established floodway.
2. Prior to issuance of a building permit, a development
permit must be obtained from the Public Works
Department.
STAFF RECOMMENDATION
Staff recommends approval of C-4 and OS for the floodway.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
The application was represented by Maury Mitchell. There
were no objectors. Mr. Mitchell agreed with the OS for the
floodway and amended the request to C-4 and OS.
AS part of the Consent Agenda, the Planning Commission
recommended approval of the C-4 and OS. The vote was 10 ayes,
0 nays, 0 absent and 1 abstention (J. Selz).
K
November 1, 1994
ITEM NO.: 7 Z-5895
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Hector S. and Dafrosa S. Divino
Aimee Dixon and Helda Roddy
#1 Serenity Drive
Rezone from R-2 to 0-1
Office and Art Studio
0.26 acres
Single Family
SURROUNDING LAND USE AND ZONING
North - Single -Family, zoned R-2
South - Commercial, zoned C-3
East - Single -Family, zoned R-2
West - Single -Family, zoned R-2
STAFF ANALYSIS
Staff has received a request to withdraw this item from
consideration. The Commission will need to act on the
withdrawal request because the item has been advertised for
a public hearing.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
Staff reported that the applicant submitted a request to
withdraw the 0-1 rezoning. As part of the Consent Agenda,
the Planning Commission voted to withdraw the item. The
vote was 11 ayes, 0 nays and 0 absent.
November 1, 1994
ITEM NO.: 8 Z-5896
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Rose Bickerstaff
M. F. Rolih, Jr. by
Michael T. Gosby
Black Road and Piggee Street
(One Block)
Rezone from R-2 to R-5
Elderly housing
2.0 acres
Vacant
SURROUNDING LAND USE AND ZONING
North
- Vacant,
zoned
R-2
South
- Vacant,
zoned
R-2
East
- Vacant,
zoned
R-2
West
- Vacant,
zoned
R-2
STAFF ANALYSIS
The property in question is found in the Pankey neighborhood,
and located approximately 3 blocks south of Arkansas State
Highway No. 10. The request is to rezone the site from R-2
to R-5 for elderly housing, a total of 56 units. (R-5 Urban
Residence allows a density of 36 units per acre). The
acreage is situated on the west side of Pankey and bordered
by four platted rights-of-way. The site is made up of twelve
50 foot lots and a 10 foot alley (one complete block). At
this time, there are two structures on the northern most
lots, adjacent to Piggee Street. The balance of the property
is undeveloped and heavily wooded,
The predominant zoning in the immediate area is R-2 and, in
fact, the entire Pankey neighborhood is zoned R-2. To the
northwest, there is some C-3 zoning and a PCD area. The land
use is primarily single family residences, including new
subdivisions to the south and southwest. In the Pankey
neighborhood, the land use is single family, with some minor
nonconforming uses. The uses found on the nonresidential
land are mini -storage units and a small-scale commercial
center. Throughout the area, there are vacant parcels and
lots.
A R-5 rezoning or any multifamily reclassification of this
block in conflict with the adopted plan. The land use
element of the River Mountain District plan identifies the
November 1, 1994
ITEM NO.: 8 Z-5896 (Cont.)
site for single family use; a majority of the Pankey
neighborhood is shown as single family. The current plan
does recommend a low-density multifamily area north of Pankey
Avenue, between Black Road and Wells Street, and another area
directly north of Highway 10. The plan also shows a small
multifamily area east of Ives Street. This land use concept
has been reinforced by the most recent planning effort for
the neighborhood, the Donaghey/Pankey plan. The Donaghey
Project worked closely with the Pankey community throughout
the planning process and relied on the residents, input for
direction. The plan has been endorsed by the Planning
Commission, but still has not been acted on by the Board of
Directors. In addition to the multifamily areas, the
Donaghey document also includes a conceptual plan for an
elderly housing project on the west side of Black Road. None
of the neighborhood or district -wide plans have ever
identified the Black Road/Piggee Street block for any use
other than single family.
Because of the plan and other factors, staff cannot support
the R-5 request for the block in question. All the planning
studies have recommended other sites for multifamily use and
no justification has been provided to change the direction of
the plan by reclassifying this particular site. Also, the
property is somewhat removed from more desirable multifamily
locations and the necessary infrastructure for such an
intense development is not in place. Rezoning the block to
R-5 would be a significant departure from the adopted plan
and could have a very negative impact on the future of
Pankey.
LAND USE PLAN ELEMENT
The site is in the River Mountain District. The adopted
Land Use Plan recommends Single Family. While the plan does
call for low density multifamily to the north, this request
is too intensive and too far removed from the major roads.
Staff cannot support such an intensive residential use in
this location at this time.
ENGINEERING COMMENTS
If the rights-of-way for the four streets are deficient,
dedication of additional right-of-way will be required. The
Master Street Plan standard is 25 feet from the centerline.
STAFF RECOMMENDATION
Staff recommends denial of the R-5 rezoning.
Pq
November 1, 1994
ITEM NO.: 8 Z-5896 (Cont.)
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
Staff reported that the request needed to be deferred
because of a possible notice problem. The item was added to
the Consent Agenda, and the Commission deferred the issue to
the December 13, 1994 hearing. The vote was 11 ayes, 0 nays
and 0 absent.
3
November 1, 1994
ITEM NO.: 9 FILE NO.: G-23-220
Name: West 28th Street Exclusive Right -
of -Way and Easement Abandonment
Location: West 28th Street, extending 1/2
Block West of Lewis Street
Owner/Applicant: Lewis Street Church of Christ
Request: To abandon that portion of the West
28th Street right-of-way adjacent to
Lot 6, Block 3, Oak Grove Square
Addition and Lots 5, 6 and the East
37.5± feet if Lot 7, Block 11 Riffel
and Holders Additions and to abandon
any easements located within that
portion of right-of-way.
STAFF REVIEW
1. Public Need for This Right-of-Wav
This portion of West 28th Street right-of-way is only 20
feet wide and, although platted, has never been developed.
The right-of-way extends only 1/2 block and dead -ends at an
open drainage ditch. There is no public need for the right-
of-way.
2. Master Street Plan
The Master Street Plan reflects no need for this portion of
undeveloped right-of-way.
3. Need for Right-of-way on Adiacent Streets
There is no need for right-of-way on adjacent streets.
4. Characteristics of Right -of -Way Terrain
The right-of-way and the property adjacent to the south have
been used as an undeveloped parking lot by the Lewis Street
Church of Christ. The area of the right-of-way cannot be
distinguished from the parking lot. The right-of-way dead -
ends at a large, concrete drainage ditch.
5. Development Potential
Once abandoned, the area of the right-of-way and easements
will be used for the expansion of the church.
November 1, 1994
ITEM NO.: 9 (Cont.) FILE NO.: G-23-220
6. Neighborhood Land Use and Effect
All property abutting the right-of-way proposed for
abandonment is occupied by the Lewis Street Church of
Christ. A large area of residential zoning extends north
and west of the church site. South and east of the church
site, along Asher Avenue, is a large area of mixed
commercial and industrial uses. The right-of-way has never
been developed and its abandonment will have no effect on
the neighborhood.
i. Neighborhood Position
No neighborhood position has been voiced.
8. Effect on Public Services or Utilities
All utility companies have approved the abandonment of the
right-of-way and do not desire to retain easement rights.
The Public Works Department has approved the abandonment of
the right-of-way; however, there is an existing 18 inch
storm drain in the right-of-way. Public Works has approved
the abandonment subject to the following conditions:
1. Provide a ten (10) foot drainage easement the length of
"Closure" and locate the easement five (5) feet each
side of the centerline of the existing 18 inch storm
drain.
2. If the church wishes to construct a facility over the
drainage easement, a franchise agreement will be
required. This franchise approval is required prior to
obtaining the building permit. This agreement will
obligate Lewis Street Church of Christ to any required
maintenance of the storm drainage facilities.
9. Reversionary Rights
All reversionary rights extend to the Lewis Street Church of
Christ.
10. Public Welfare and Safety Issues
Abandonment of this undeveloped right-of-way will allow for
the expansion of the Lewis Street Church of Christ and will
not affect the public welfare and safety. Abandonment of
the easements, with the conditions as noted by the Public
Works Department, will have no effect on the public welfare
and safety.
K
November 1, 1994
ITEM NO.: 9 (Cont.) FILE NO.: G-23-220
STAFF RECOMMENDATION:
Staff recommends approval of the abandonment of this portion of
undeveloped right-of-way and abandonment of the easements located
within it subject to compliance with those conditions outlined by
the Public Works Department regarding the existing 18 -inch storm
drain.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
The applicant was not present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to the Public Works Department's conditions. As part of the
Consent Agenda, the item was recommended for approval by a vote
of 11 ayes, 0 noes and 0 absent.
The approval was recommended subject to compliance with the
following Public Works Department conditions:
1. Provide a ten (10) foot drainage easement the length of
"Closure" and locate the easement five (5) feet each side of
the centerline of the existing 18 inch storm drain.
2. if the church wishes to construct a facility over the
drainage easement, a franchise agreement will be required.
This franchise approval is required prior to obtaining the
building permit. This agreement will obligate Lewis Street
Church of Christ to any required maintenance of the storm
drainage facilities.
3
November 1, 1994
ITEM NO.: 10 OTHER MATTERS
SUBJECT: 1994 Zoning and Subdivision
Ordinance Amendments Phase III,
Planning Commission acceptance for
later public hearing.
STAFF REPORT:
The Plans Committee has held several work sessions to develop the
six proposals included in Phase III. There are no controversial
proposals included in this assembly of error corrections,
misplaced information or absence of listings. The staff feels,
as does the Committee, that these items can be set aside with
Phases I and II for later public hearings. After review by the
Committee of Phase IV, the staff will make copies of the complete
package to the contacts list and request one final comment prior
to the advertised public hearing.
That hearing date will probably be in December if all work is
accomplished without delay. However, it could be as late as
early February, due to the calendar dates for Planning Hearing
are Christmas week and no January date.
PLANNING COMMISSION ACTION: (NOVEMBER 1, 1994)
Richard Wood, Zoning and Subdivision Manager, reviewed the Phase
III Amendments. There was some discussion and Mr. Wood explained
the public hearing process for the entire package. There was no
formal action taken by the Planning Commission.
Phase III
Subsection (ii_, ji. These amendments will provide for a specific listing of car rental
kk.11) uses by district. This is not now clear.
Subsection (mm These amendments will codify the several overlay zoning districts.
nn)
Subsection Coo
These amendments will correct language related to Group Care
nn.aq.rr_„ssl
facilities specifically, the word "facility."
Subsection (tt)
This amendment will change a Department name from Office of
Comprehensive Planning to Neighborhoods and Planning.
Subsection (uu)
This amendment will change a reference from Planning Commission
to Board of Adjustment.
Subsection (vv)
This amendment will insert a definition of "office machines, sales and
service." is currently listed in some districts.
1. To encourage a variety and flexibility in land
development and land use for predominantly
residential areas, consistent with the long-
range comprehensive plan and the orderly
development of the city. The district is
intended to provide for a broad range of
residential density, buildings, and ancillary
activities, whether for a single lot
development or multiple lots and uses.
Subsection (ee) That Chapter 36., Section 36-452.(2)a.1.
1. To encourage the clustering of professional
office and general office activities within
areas specifically designed to accommodate the
uses and to discourage the proliferation of
office uses along major thoroughfares and
noncommercial areas. This district is
intended to provide for a broad range of
office uses, density, and structural activity,
whether for a single user on a lot or mixed
use development, on multiple sites or attached
structurally.
Subsection (ff) That Chapter 36., Section 36-452.(3)a.l.
1. To encourage the clustering of commercial and
office activities within areas specifically
designed to accommodate the uses and to
discourage the proliferation of commercial
uses along major thoroughfares and
noncommercial areas. This district is
intended to provide for a broad range of
commercial uses, densities, buildings and
ancillary activities.
Subsection (gg) That Chapter 36., Section 36-338.(c) be
amended to delete paragraph number (3) in its entirety
and renumber paragraph (4) accordingly.
Subsection (hh) That Chapter 36., Section 36-
556.(g)2.(a) be amended to provide for the correction of
a number entry in the first line of the paragraph and to
then read as follows:
a. One (1) painted bulletin.......
Subsection (ii) That Chapter 36., Section 36-3 be
amended to provide for the insertion of two new
definitions providing for auto or truck rental and
leasing, and to read as follows:
Auto or Truck Rental and Leasing means a facility
which for a fee provides automobiles, trucks and
12
trailers for rent or lease. This may include
ancilliary activities, such as; repair,
maintenance, washing and sales of used units.
Auto Rental or Leasing (no service, sales or
repair) means a facility limited to an office
space, with display of automobiles which for a fee
are rented or leased.
Subsection (jj) That Chapter 36., Section 36-301.(c)(2)
be amended to provide for the insertion of a new
conditional use to be Item "e", the serial restructuring
of Items "a" through "y" accordingly and to read as
follows:
e. Auto Rental or Leasing (no service, sales or
repair)
Subsection (kk) That Chapter 36., Section 36-302.(c)(1)
be amended to provide for the insertion of a new
permitted use to be Item h., the serial restructuring of
Items a. through uu. accordingly and to read as follows:
h. Auto or Truck Rental and Leasing
Subsection (11) That Chapter 36., Section 36-320.(c)(1)
be amended to provide for the insertion of a new
permitted use to be Item i., the serial restructuring of
Items a. through jjj. accordingly and to read as
follows:
i. Auto or Truck Rental and Leasing.
Subsection (mm) That Chapters 23. and 36. of the Code of
Ordinances be amended to provide for the recodification
of Chapter 23., Sections 23-161. through 23-166. as
Chapter 36., Sections 36-343. through 36-348.
Subsection (nn) That Ordinance No. 16,427, adopted
June 1, 1993 be codified as Section 36-349. of Chapter
36. of the Code of Ordinances of the City of Little
Rock, and to read as follows:
Section 36-349. Chenal/Financial Center Design
Overlay
(a) Purpose and Intent
A Chenal/Financial Center Parkway Urban
Corridor Overlay is hereby established
consistent with the objectives of the Chenal,
Ellis Mountain and I-430 Land Use Plans adopted
by the City of Little Rock, and pursuant to the
authority granted under Chapter 36 of the Code
of Ordinances of the City of Little Rock
13
providing for zoning overlay districts. The
purpose of establishing this district is to
protect and enhance the aesthetic and visual
character of the lands surrounding Chenal
Parkway and Financial Center Parkway. In
particular, the purposes of this district are:
(1) To create a scenic parkway atmosphere
with the removal -of adjacent utilities
and control of lighting and signage.
(2) To utilize the existing land use plans
and master street plan requirements in
creating a well designed urban
corridor.
(b) District Boundaries
The District encompasses all land with Chenal
Parkway or Financial Center Parkway frontage
lying within 300 feet of each side of the
right-of-way of Chenal Parkway or Financial
Center Parkway. The eastern boundary of the
district shall be the intersection of Financial
Center Parkway and Shackleford Road and the
western boundary shall be the intersection of
Chenal Parkway and Highway 10. In the case of
conflicting standards applicable to property
included within the boundaries of this district
and also within the boundaries of the Highway
10 Design Overlay District, the Highway 10
Design Overlay District standards shall
control.
(c) Application of District Regulations
The regulations in this ordinance shall overlay
all other zoning districts and other ordinance
requirements regulating the development of land
so that any parcel of land lying in the overlay
district shall also lie within one or more of
the other underlying zoning districts.
Therefore, all property within this overlay
district will have requirements of both the
underlying and overlay zoning district in
addition to other ordinance requirements
regulating the development of land. In cases
of conflicting standards between this ordinance
and other City of Little Rock ordinances, the
overlay requirements shall control. In the
case of conflicting standards applicable to
property included within the boundaries of this
district and also within the boundaries of the
Highway 10 Design Overlay District, the Highway
14
10 Design Overlay District standards shall
control.
These regulations apply to all development,
redevelopment or expansion of existing
development with the exception of single family
and duplex development under zoning districts
"R-191, "R-211, "R-3" and "R-4 or "PUD"
submissions as required.
(d) Site Design and Development Standards
(1) Signage -- Signage shall comply with the
Little Rock Sign Ordinance, except for
ground mounted signs. The maximum size of
principal site signs along
Chenal/Financial Center Parkway shall be
one hundred (100) square feet in area and
eight (8) feet in height. Each landowner
will be permitted to erect one (1) sign
per parcel, except for parcels fronting on
two different streets upon which one (1)
per street frontage may be erected. The
signs will be "monument" type signs.
(2) Lighting and Utilities -- Parking lot
lighting shall be designed and located in
such a manner so as not to disturb the
scenic appearance of the corridor.
Lighting will be directed to the parking
areas and not reflected to adjacent
parcels. All lighting and other utilities
on lots adjacent to Chenal/Financial
Center Parkway which are located in front
of the rear line of the building, or in
front of the rear line of the building if
such lighting and utilities were
constructed prior to building
construction, shall be underground.
Notwithstanding the foregoing limitation,
no overhead utilities shall be constructed
within one hundred (100) feet of the
Chenal/Financial Center Parkway right-of-
way.
(e) Exceptions
The following exceptions shall apply to this
ordinance.
(1) Planned Unit Development -- Property due
to topography, site, irregular shapes or
other constraints such as adjacent
structures or features which significantly
affect visibility and thus cannot be
15
developed without violating the standards
of this ordinance shall be reviewed
through the Planned Unit Development (PUD)
section of the zoning ordinance, with the
intent to devise a workable development
plan which is consistent with the purpose
and intent of the overlay standards.
Subsection (oo) That Chapter 36 Section 36-258.(b)(3)(c)
be amended to change the word "facilities" to
"facility."
Subsection (pp) That Chapter 36 Section 36-279.(b)(1)(g)
be amended to change the word "facilities" to
"facility."
Subsection (qq) That Chapter 36 Section 36-281.(b)(1)(n)
be amended to change the word "facilities" to
"facility."
Subsection (rr) That Chapter 36 Section 36-299.(c)(1)(u)
be amended to change the word "facilities" to
"facility."
Subsection (ss) That Chapter 36 Section 36-
301.(c)(1)(11) be amended to change the word "homes" to
"facility."
Subsection (tt) That Chapter 36 Section 36-53. be
amended to provide for a change of language in the
section title which now reads "General function of
Office of Comprehensive Planning"; and to then read:
"General function of Office of Neighborhoods and
Planning."
Subsection (uu) That Chapter 36 Section 36-341.(h)(2)(c)
be amended to provide for a change in the referenced
board in authority and to then read as follows:
(c) where it can be demonstrated that acceptable
alternative means of access to the floodway can
be provided and that the existing or proposed
structure will not be subjected to erosion or
structural damage, or for other good and
sufficient reasons, the Board of Adjustment may
modify or eliminate the required setback.
Subsection (vv) That Chapter 36 Section 36-3 be amended
to provide for the insertion of a new definition to read
as follows:
"Office Equipment Sales and Service" means a
facility for the display sales, service or repair
of equipment, machines or computers typically
Mi
utilized in daily activities of general or
professional offices."
17
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November 1, 1994
There being no further business before the Commission, the
meeting was adjourned at 2:22 p.m.
Date
Chairman