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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