pc_02 10 1987LITTLE ROCK PLANNING COMMISSION
MINUTE RECORD
FEBRUARY 10, 1987
1:00 P.M.
I. Roll Call and Finding of a Quorum
A quorum was present being ten in number.
II. Approval of the Minutes of the Previous Meeting
The minutes for the December 16, 1986, meeting were
approved as mailed.
III. Members Present: Bill Rector
Betty Sipes
William Ketcher
Jerilyn Nicholson
Dorothy Arnett
Richard Massie
John Schlereth
Fred Perkins
David Jones
Walter Riddick III
Rose Collins
Members Absent: None
City Attorney: Steven Giles
1.Z-4789
2.Z-4790
3.Z-4791
Deferred Items
A.Z-4768
Other Matters
SUMMARY OF ZONING ACTIVITIES
FEBRUARY 10, 1987
11,871 Kan1s Road
Hilaro Springs Road and C.R.I. and P. Railroad
Gamble Road
Mabelvale West Road, west of Nash Lane
4.Street Right-of-way Abandonment
R2 to MF18 & C3
R2 to I2
R2 to C3
R2 to 03, C3, I2 & MF24
February 10, 1987
Item No. A - Z -4768
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Taurus Land
Same
By: John D. McDaniel
Mabelvale West Road, West of
Nash Lane
Rezone from "R -2" to "0 -3," "C -3,"
"I -2" and "MF -24"
Mixed Development
25.0 acres
Vacant
SURROUNDING LAND USE AND ZONING:
North
- Industrial, Zoned
"I -2"
South
- Single Family and
Public, Zoned "I -2"
East
- Vacant and Single
Family, Zoned "R -2"
West
- Vacant and Church,
Zoned "R -2"
PLANNING CONSIDERATIONS:
1. The proposal is to rezone a 25 acre tract of land to a
mix of zoning classifications, "MF -24," "0 -3," "C -3"
and "I -2." The proposed development scheme has the
"MF -24," "0 -3" and "C -3" tracts, approximately five
acres each, fronting Mabelvale West Road with a 9.8
acre "I -2" parcel to the rear. The property is located
to the east of the proposed southwest hospital site and
directly north of the post office facility. The zoning
is a mix of "R -2," 110 -2," 110 -3," "C -2," "C -3" and
"I -2." The land use is very similar with significant
industrial involvements to the north and west with a
major commercial development at Mabelvale West and
I -30. In addition to the post office, there is another
public use in the immediate area, Mabelvale Junior High
School. Some of the land is still vacant and a
majority of the single family residences are on large
lots.
2. The site is vacant and wooded.
3. The most significant Master Street Plan issue
associated with this request is the extension of I -430
to create the South Loop which is identified as an
expressway on the Master Street Plan. The proposed
intersection modification and road alignment will
February 10, 1987
Item No. A - Continued
significantly impact Tract 1 of this rezoning by having
to utilize almost the entire parcel for right -of -way.
It appears that the status of this Master Street Plan
issue should be resolved prior to final action being
taken on the western portion of the property. The
alignment has been tied down somewhat because of the
City purchasing some land between the post office and
the school.
4. There have been no adverse comments received from the
reviewing agencies as of this writing.
5. There are no legal issues.
6. There is no documented neighborhood position or history
on the site.
7. The adopted Otter Creek Plan recommends for the
location in question office use along the Mabelvale
West frontage and mixed public /institutional and office
development to the rear. Only a portion of the
rezoning is compatible with the plan, that being the
"0 -3" for Tract 1, but staff is comfortable with the
basic rezoning concept that is being proposed. The
staff feels that the "I -2" is reasonable for the rear
because of abutting "I -2" to the north and its general
relationship to other uses in the area. The
multifamily location with a lesser density provides a
good buffer between the residential uses to the east
and the proposed nonresidential zoning to the west.
Staff is concerned with the proposed "C -3"
reclassification because of the potential of
establishing a commercial strip along Mabelvale West
and cannot support the commercial rezoning. The intent
of the plan is to maintain the commercial uses west of
the proposed South Loop alignment. An office
reclassification is more appropriate for Tract 2 and it
is more consistent with the Plan's land use concept.
In reviewing the application and the Master Street Plan
issues, staff's position on Tract 1 is that it would be
premature to act on a rezoning proposal at this time
and that portion of the application should be deferred.
The City needs to determine the exact right -of -way
alignment and how it will be required prior to any
action being taken.
STAFF RECOMMENDATION:
Staff recommends approval of "I -2" for Tract 4 as filed,
"MF -18" for Tract 3, and "0 -3" for Tract 2, not "C -3" as
filed. Staff also recommends that any rezoning action for
Tract 1 be deferred until the Master Street Plan question
is resolved.
February 10, 1987
Item No. A - Continued
PLANNING COMMISSION ACTION: (November 25, 1986)
The applicant, John McDaniel, was present. There were no
objectors. Mr. McDaniel discussed the access and proposed
uses. He went on to say that the primary problems were the
Master Street Plan and the right -of -way for the proposed
South Loop /I -430 extension. There was some discussion about
deferring the request, and Mr. McDaniel said that he did not
object to a deferral but would like an answer to the
right -of -way question by February 10, 1987. Mr. McDaniel
went on to say that he could not provide much information or
a plan for the property because of the status of Tract 1.
There was a long discussion about the various issues, and
Mr. McDaniel agreed to a deferral to the February 10, 1987,
meeting. A motion was made to defer the request to
February 10, 1987. The motion was approved by a vote of
9 ayes, 0 noes, and 2 absent. The Commission then expressed
support for a resolution urging the City to resolve the
right -of -way issue for the South Loop /I -430 extension by
February 1987.
PLANNING COMMISSION ACTION: (2- 10 -87)
The applicant, John McDaniel, was present. There were no
objectors. Mr. McDaniel spoke and amended the request to
"0 -3" General Office for that portion of the property
outside the proposed right -of -way for the South Loop /I -430
Extension. There was some additional comments made by
several Commissioners concerning the request. A motion was
made to recommend approval of "0 -3" as amended excluding
that area needed for the South Loop right -of -way. The
motion passed by a vote of 10 ayes, 0 noes, and 1 absent.
February 10, 1987
Item No. 1 - Z -4789
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Katherine Cope
Joe D. White
11817 Kanis Road (East of
Bowman Road)
Rezone from "R -2" to "C -3" and
"MF -18"
Multifamily and Commercial
6.0 acres
Vacant
SURROUNDING LAND USE AND ZONING:
North - Vacant and Single Family, Zoned "R -2"
South - Vacant, Zoned "R -2"
East - Vacant, Zoned "R -2"
West - Single Family and Commercial, Zoned "R -2" and
" C - 3 "
STAFF ANALYSIS:
The request is to rezone a tract of land from "R -2" to "C -3"
and "MF -18." The property is located on Kanis Road and in
an area that is beginning to experience some growth
pressures and zoning changes. The most recent rezoning
involved a site to the east and the area was reclassified to
"C -3" for the north 400 feet and "MF -18" for the remainder
of the parcel. This land use configuration was based on the
I -430 District Plan and staff recommended the commercial
depth of 400 feet for the previous rezoning. The current
proposal has a similar "C -3" area with the balance of the
site rezoned for multifamily development at a density of 18
units per acre. Because of conforming to other rezoning
changes in the immediate vicinity and the I -430 District
Plan, staff supports the "C -3" and "MF -18"
reclassifications.
Engineering reports:
1. Right -of -way dedication of 40 feet from the centerline
is required on Kanis Road.
2. Traffic access from Kanis Road shall be approved by the
Traffic Engineer before any construction permits are
issued. Also, internal traffic circulation will be
approved by the Traffic Engineer.
February 10, 1987
Item No. 1 - Continued
3. Boundary street improvements on Kanis Road are
required.
4. Stormwater detention will be required on -site.
STAFF RECOMMENDATION:
Staff recommends approval of the request as filed.
PLANNING COMMISSION ACTION:
The applicant was present. There were no objectors. A
motion was made to recommend approval of the request as
filed. The motion passed by a vote of 10 ayes, 0 noes, and
1 absent.
February 10, 1987
Item No. 2 - Z -4790
Owner: Heavrin Construction Company
Applicant: Joe D. White
Location: Hilaro Springs Road at the
Railroad Tracks
Request: Rezone from "R -2" to 11I -2"
Purpose: Industrial
Size: 6.2 acres
Existing Use: Industrial
SURROUNDING LAND USE AND ZONING:
North - Vacant, Zoned "R -2"
South - Railroad Right -of -Way, Unclassified
East - Vacant, Zoned "R -2"
West - Vacant, Zoned "R -2"
PLANNING CONSIDERATIONS:
1. The request is to rezone the site to "I -2." The
property is currently occupied by a nonconforming
industrial use, a contractor's yard, and in the past it
has also been the location of the Fishing Hole, a "for
pay" fishing operation. The site is on Hilaro Springs
at the city limits and in an area that is zoned "R -2"
because of being annexed within the last two years.
Land use in the general vicinity is primarily single
family with several multifamily units and a mobile home
park. A majority of the single family residences are
located in established subdivisions found on both sides
of Hilaro Springs Road. Most of the land adjacent to
the site and to the south of the railroad tracks is
still vacant.
2. The site is occupied by several structures for the
contractor's operation and a fishing pond with the
Little Fourche Creek running along the south property
line.
3. Hilaro Springs is classified as a minor arterial on the
Master Street Plan so it appears that dedication of
additional right -of -way will be required.
February 10, 1987
Item No. 2 - Continued
4. The present City of Little Rock floodway maps show that
the entire site is located within the floodway. The
1987 FIS restudy conducted by FEMA, of the major
streams and creeks within the City of Little Rock,
shows a floodway involvement on the property of over 80
percent. The current Board of Directors policy is that
if rezoning of the property is requested, dedication of
a floodway is required.
5. The City of Little Rock inherited a floodway violation
case from the county concerning this site when the
property was annexed into the City. Currently, the
City's legal staff is pursuing the floodway violation
as a continuation of that court case.
6. The site was annexed into the City in 1985 as part of
the referendum area. In December 1986, the Fishing
Hole requested the Board of Adjustment to review a
staff's decision denying a privilege license for the
use because it was determined that an expansion of a
nonconforming use had occurred. The Board of
Adjustment reaffirmed the staff's position because the
nonconforming use had been expanded. There is no
documented neighborhood position on the property.
7. This site is part of the Geyer Springs East District
Plan which identifies the entire tract as being part of
the Little Fourche Creek floodway. Because of the new
floodway study, the northern one - fourth of the property
is outside the floodway and probably would be shown as
single family if the plan was being formulated now.
The plan identifies the immediate area for continued
residential use with nearest nonresidential uses shown
adjacent to Baseline Road to the north. Industrial
areas are concentrated along Arch Street Pike and I -30
on the plan. Those locations either have existing
industrial zoning in place or have a greater potential
for future industrial development than the area under
consideration. With the request being in conflict with
the adopted land use plan and the property's other
problems, legal and the floodway, staff's position is
that the "I -2" reclassification is inappropriate and
does not support the rezoning. And finally, the Master
Parks Plan identifies the Little Fourche Creek as
Proposed Open Space, Priority 2 which suggests some
City involvement with the property in the future.
February 10, 1987
Item No. 2 - Continued
STAFF RECOMMENDATION:
Staff recommends denial of the "I -2" rezoning as filed.
PLANNING COMMISSION ACTION: (2- 10 -87)
The applicant, Joe White, was present. There were no
objectors. Mr. White spoke and said he was presenting
Heavrin Construction Company. He then said that the
property was used for a construction yard and discussed the
permit for the development in the floodway when the site was
outside the City limit. Mr. White reviewed the Fishing Hole
issue and described that use of the property. There were
several comments made about the floodway issue, and then
Mr. White requested at least a 60 -day deferral (two zoning
meetings) to explore the possibility of utilizing a PUD for
the site. A motion was made to defer the request to the
May 5, 1987, meeting. The motion was approved by a vote of
10 ayes, 0 noes and 1 absent.
February 10, 1987
Item No. 3 - Z -4791
Owner: George W. and Dorthea Davis
Applicant: Virgil W. Young, Jr.
Location: Gamble Road, Two Blocks North of
Kanis
Request: Rezone from "R -2" to "C -3"
Purpose: Mixed Uses
Size: 2.7 acres
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING:
North - Vacant, Zoned "R -2"
South - Vacant, Zoned "R -2"
East - Vacant, Zoned "R -2"
West - Vacant and Single Family, Zoned "R -2"
PLANNING CONSIDERATIONS:
1. The proposal is to rezone one block in the Gilbralter
Heights Addition from "R -2" to "C -3" for an office and
some other unspecified uses. The property is located
two blocks north of Kanis Road and in an area that is
still primarily residential. The zoning is "R -2" with
some multifamily land along Kanis Road to the
southeast. To the east there are two well established
subdivisions, and to the north there are a number of
existing single family residences with some additional
ones under construction. Also, to the west of Nix Road
there are some new subdivisions being platted so it
appears that the area is desirable for single family
development. In the immediate vicinity, the blocks are
primarily vacant with several single family residences
located on some of the lots. At the northwest corner
of Gamble and Kanis Road, there is a nonconforming
junkyard that involves a substantial piece of land and
is very unsightly. The future status of this use is
unknown at this time, but the facility will probably
have to be phased out because of the emerging trend
towards the area becoming an attractive residential
location.
February 10, 1987
Item No. 3 - Continued
2. The property is vacant and some removal of trees has
taken place.
3. Gamble Road is classified as a collector and a survey
reflects a 60 -foot right -of -way which is usually
adequate for a collector.
4. Engineering reports that:
. Stormwater detention will be required on -site.
Site access for traffic and parking layout shall be
approved by the traffic engineer before any permits
are issued.
Boundary street improvements will be required on all
four sides.
. Right -of -way dedication will be required.
5. There are no legal issues.
6. There is no documented history on the site. Staff has
received several calls in opposition to the rezoning.
7. The recently adopted Extraterritorial Land Use Plan for
the Upper Rock Creek area recommends continued single
family use for the property in question, and staff is
opposed to the commercial request. The rezoning, if
granted, could have a very adverse impact on the area
and establish a commercial spot zoning which could harm
the existing positive development pattern. The plan
identifies more suitable areas for nonresidential uses
and those locations should be reinforced by not
supporting this proposal.
STAFF RECOMMENDATION:
Staff recommends denial of the "C -3" request.
PLANNING COMMISSION ACTION: (2- 10 -87)
The applicant was represented by Steve Barry. There were
several objectors in attendance. Staff informed the
Commission that the required notices to the property owners
had not been mailed as set out in the Bylaws. Mr. Barry
discussed the problem with the notification and requested
that the item be deferred. A motion was made to defer the
request to the March 24, 1987, meeting. The motion was
approved by a vote of 10 ayes, 0 noes, 0 absent, and
1 abstention (Rose Collins).
February 10, 1987
Item No. 4 ,Other Matters - Right -of -Way Abandonment
Name:
Owner /Applicant:
Request:
STAFF REVIEW:
West 25th Street and
a parallel segment of
alley 1/2 block north
running west off Woodrow
Street
Roselawn Memorial Park
Cemetery by James McHaney
To abandon the
right -of -way and adjoin
with the adjacent cemetery
1. Public Need for this Riaht-of-Wa
None evidenced by the staff review. The remaining
street and alley will be open to Booker Street on the
west and serve the developed lots in the block.
2. Master Street Plan
There are no requirements.
3. Need for Right -of -Way on Adjacent Streets
None evidenced by our review.
4. Characteristics of Right- of -Wav Terrain
The alley is open east off Booker Street except the
east 100 feet which is to be closed. Grades on the
right -of -way are generally flat. The street is open
and usable from Booker Street east approximately 150
feet.
5. Development Potential
Little or none except as proposed.
6. Neighborhood Land Use and Effect
The blocks west of Roselawn Cemetery are generally
built out as single family with a mix of duplexes and
a few vacant lots.
February 10, 1987
Item No. 4 - Continued
7. Neighborhood Position
None expressed at this writing.
8. Effect on Public Services or Utilities
The Wastewater Utility requires that the alley and
street be retained as a utility easement. The Little
Rock Water Works also requires an easement over an
existing 30' water line. Arkla gas requires an
easement be retained in the street.
9. Reversionary Rights
The right -of -way will revert to the abutting owner
which is the cemetery board.
10. Public Welfare and Safety Issues
The abandonment of these rights -of -way will return
nonproductive unused land to a private /public use.
Although the intended use is a cemetery, expansion for
public purposes is served. The existing street and
alley have not been maintained in a safe and protected
manner. The boundary fence of the cemetery will have
to be moved and this will preclude public access.
STAFF RECOMMENDATION:
The staff recommends approval of the request subject to
provision of easement rights within the Abandonment
Ordinance to protect utility lines in place. The staff
would like to raise a question of land use concerning this
proposal. The current zoning of the abutting lots is "R -3"
Single Family, and a cemetery requires a conditional use in
an office district. Further, it would be valuable to know
the future plans of the cemetery relative to expansion. The
current piecemeal approach impacts the residential area
adjacent. Thought should be given to developing a plan for
Planning Commission review of future development. The
Engineering Department has requested that the abandonment be
conditioned upon barriers being erected at the end of each
right -of -way to City specifications at the owner's expense.
This is preferred rather than simply a chain link fence
across the right -of -way.
February 10, 1987
Item No. 4 - Continued
PLANNING COMMISSION ACTION: (2- 10 -87)
The staff offered its recommendation on the abandonment.
The applicant was present and offered a brief statement. A
lengthy discussion of the proposal then followed. The
discussion centered around the objection of an adjoining
property owner at 2909 West 25th Street. This owner,
Mr. Bill Fansler, entered objections to the placement of the
new cemetery fence along his common property line. This
action would provide for a relationship that is too tight to
permit his backing or maneuvering of his boat into his yard.
In the discussion that followed Mr. Fanslers comments,
several options were pointed to as resolution including
setting the fence back 15' from and parallel to the east
property lines of the two residences. Also, the possible
provision of a hammerhead or turnaround at the end of the
street. The concensus for resolution appeared to be the
placement of the cemetery fence and gate 15' east of
Mr. Fanslers property line so as to permit maneuvering space
from the street. Inasmuch as the Public Works Department
had raised the issue of a permanent barrier at the end of
the roadway, the Commission determined that its
recommendation would be conditioned upon the petitioners
working with the Public Works Department to resolve the
issue of a gate and a barrier. This resolution would occur
prior to submittal of this abandonment to the City Board for
ordinance. A motion was made to approve and recommend to
the City Board the abandonment of this street with the
exception of the west 15' feet of the proposed right -of -way
abandonment and the other items as stated above. The motion
passed by a vote of 10 ayes, 0 noes, and 1 abstention (Bill
Rector).
February 10, 1987
Miscellaneous Items - The Pointe (Phase 1), Hillsborough
(Phases 3 and 6), Westport (Phase 1)
Subdivisions
Staff asked the Commission to confirm their understanding
that the Commission had previously directed that final plat
approval not be given to the subject plats until such time
as a section of Beckingham Road is actually paved to tie in
with an adjacent subdivision being developed by Darbe
Corporation. During the discussion, Kelton Brown said that
he would pave the section of Beckingham Road within six
weeks. By unanimous consent, the Commission authorized
staff to give final approval to the four subdivisions
contingent upon: (1) Kelton Brown building the section of
Beckingham Road and a portion of Saddlehill Road in
(Hillsborough V -C) within 6 weeks of the meeting date; and
(2) Kelton Brown posting a cashier's check to guarantee
construction of the street segments.
February 10, 1987
There being no further business before the Commission, the
meeting w s adjourned at 1:45 p.m.
Date
Chairman Secretary