Loading...
pc_10 20 1987LITTLE ROCK PLANNING COMMISSION MINUTE RECORD OCTOBER 20, 1987 1:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present being 11 in number. II. Approval of the Minutes of the Previous Meeting The minutes of the September 8, 1987, meeting were approved as mailed. III. Members Present: Bill Rector Betty Sipes Jerilyn Nicholson Richard Massie William Ketcher Grace Jones John Schlereth Fred Perkins David Jones Rose Collins Walter Riddick III Members Absent: None City Attorney: Stephen Giles October 20, 1987 Item No. A - Z-4859 Owner: Eddie C. and Lorene M. Hopper and Harold and Shirley Smith Applicant: Harold Smith Location: 1400 and 1404 Bowman Road Request: Rezone from "R-2" to "C-3" Purpose: Commercial Size: 2.44 acres Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Single Family, Zoned "R-2" East - Commercial, Zoned "R-2" West - Vacant, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The proposal is to rezone 2.4 acres on Bowman Road from "R-2" to "C-3" for an unspecified commercial use. The property is situated approximately 700 feet south of Kanis Road and in an area that is experiencing some changes since being annexed into the City. Over the last year, there have been several rezoning actions, and the land use is more diverse than when the area was outside the City. Land use includes single family, office, and various types of commercial activities. Also, a high percentage of the land is vacant, and there are still some nonconforming uses. The zoning is a mix of "R-2," "MF-12," "MF-18," "C-3," and PCD with a majority of the commercial tracts developed. There is also a "C-3" parcel that has a conditional use permit for a mini - storage complex on it. The property in question abuts single family uses on the north and south with a nonconforming piece of commercial property to the east across Bowman Road. The site is surrounded by "R-2" zoning with the nearest "C-3" land about 300 feet to the north. 2. The site is 2.44 acres in size and occupied by two single family residences. The property has a depth of 645 feet and includes two separate tracts of land. October 20, 1987 Item No. A - Continued 3. Bowman Road is classified as a minor arterial on the Master Street Plan. The right-of-way standard for a minor arterial is 80 feet and the existing right-of-way is deficient, so additional dedication will be required. 4. Comments from Engineering include: . Right-of-way dedication and street improvements required on Bowman Road. . Stormwater detention required. . Parking and access should be coordinated with the Traffic Engineer. 5. There are no legal issues. 6. The property was annexed to the City in 1985. There is no documented neighborhood position on the site. 7. This part of Bowman Road is in the I-430 District Plan which identifies the property under consideration for future multifamily use. Because of the commercial request being in conflict with the adopted plan, staff does not support the "C-3" rezoning. Other rezoning actions in the vicinity have conformed to the plan, and staff feels that the land use plan should be reinforced in this area by not endorsing this reclassification. On the west side of Bowman Road, the plan shows the southwest corner of Bowman and Kanis for commercial use with a multifamily development pattern to the south, including the site in question. For the east side, the plan extends the commercial area to include a large nonconforming use directly across the street from the property. Staff is concerned that granting a commercial rezoning at this location could lead to strip zoning and have a potentially adverse impact on other residential properties. The I-430 Plan needs to be maintained as much as possible, and the approval of this rezoning could establish an undesirable precedent for the area. STAFF RECOMMENDATION: Staff recommends denial of the "C-3" rezoning request. October 20, 1987 Item No. A - Continued PLANNING COMMISSION ACTION: (July 28, 1987) The applicant, Harold Smith, was present. There was one interested resident in attendance. Mr. Smith described the area and discussed a possible deferral to try to include more property in the request. He reviewed the existing land use and discussed two nonconforming uses, a skating rink and a landscaping company. Mr. Smith also said that the neighborhood was trying to form a sewer improvement district. He then proceeded to discuss Bowman and Kanis Roads and said the first two blocks from a major intersection should be commercial. The staff reviewed the I -430 plan and answered questions. Olan Asbury, a realtor, spoke and said that he did not agree with the plan and asked for more time to work with the staff. Mr. Asbury indicated that the Kanis and Bowman intersection was a natural commercial location and the plan's recommendation for a multifamily use was not feasible. There were some additional comments and several Commissioners indicated a rezoning action without benefit of a plan or proposal would be premature. Another Mr. Smith, a resident to the south, discussed the issue and asked some questions. Mr. Harold Smith then requested a 12 week deferral. A motion was made to defer the item to the October 20, 1987, meeting. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent, and 1 open position. PLANNING COMMISSION ACTION: (10-20-87) Staff informed the Commission that the applicant had submitted a written request for a deferral to the December 1, 1987, meeting. A motion was made to defer the item as requested. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. B - Z-4885 Owner: L & S Concrete Applicant: Charles T. Weaver By: Doug Weaver Location: County Line Road South of I-30 Request: Rezone from "R-2" to "I-3" Purpose: Industrial Size: 12.57 acres Existing Use: Industrial (Nonconforming) SURROUNDING LAND USE AND ZONING: North - Single Family and Vacant, Zoned "R-2" South - Vacant, Zoned "R-2" East - Vacant, Zoned "R-2" West - Vacant, Unclassified (Saline County) PLANNING CONSIDERATIONS: 1. The request is to rezone approximately 12.5 acres on County Line Road from "R-2" to "I-3" for an existing concrete plant. (The application was filed after the owner received a notice from the City because of an enforcement action.) The property is located north of I-30 and in an area that is not heavily developed. Across County Line Road and to the east and south, the land is primarily vacant. Some of the land to the south is a private park which is the City of Alexander. To the north, there are several single family residences on large lots adjacent to County Line Road. The zoning is all "R-2" with the exception of an "R-7A" tract to the southeast. In both the city of Alexander and Saline County, there is no zoning. 2. The site is flat and occupied by equipment and machinery necessary for the concrete operation. Along the south boundary is Crooked Creek and all the property is in the floodplain with about the southern one-third in the floodway where most of the improvements are located. October 20, 1987 Item No. B - Continued 3. There are two possible Master Street Plan issues associated with the request. County Line Road /the West Belt is classified as a principal arterial so it appears that dedication of additional right-of-way will be required. Also, the Master Street Plan identifies a proposed minor arterial connecting County Line Road /the West Belt with County Line Road along the south line between Pulaski and Saline County. The alignment shown on the Master Street Plan appears to bisect a portion of this property. This alignment is very general in nature so it is somewhat difficult to judge its exact impact on a site under consideration. Staff will work with Engineering to clarify these matters prior to the public hearing. 4. Engineering comments include: • Floodway violation. • Master Street Plan issue for minor arterial through property. • Detention ordinance requirements. • Excavation Ordinance requirements. • County Line Road (Alexander Road) right-of-way dedication and street improvements: 1/2 of a 90' • right-o -way and 1/2 of a 48' street. • Sidewalks, etc. 5. There is some uncertainty about the property's status whether it is nonconforming or not. Also, it appears that no permits have been obtained for any of the work including the current expansion. 6. The property was annexed to the City in 1979, and the use has been in operation since 1981 based on information provided by the applicant. 7. The property in question is located in the Otter Creek District Plan area which recommends a mixed industrial /commercial pattern for the location. The plan does not suggest any specific zoning classification but states that "PCDs" are encouraged. With this type of broad land use designation, staff feels that the request is compatible with the plan and supports an "I-3" reclassification for the property which is outside the established floodway only. City policy requires that the floodway be rezoned to "OS" and dedicated to the City, but the normal procedure of dedicating floodway lands could create a possible hardship in this situation because most of the improvements are located within the floodway. Crooked October 20, 1987 Item No. B - Continued Creek is not identified on the Master Parks Plan as open space so it could be possible to utilize something other than dedication to protect the floodway. Because of this and several other concerns, staff feels that it would be beneficial to delay on this request to give the City and owner more time to resolve the various issues. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the October 20, 1987, meeting. PLANNING COMMISSION ACTION: (September 8, 1987) Staff recommended that the item be deferred because of several unresolved issues. A motion was made to defer the request to the October 20, 1987, meeting. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. PLANNING COMMISSION ACTION: (October 20, 1987) Staff reported that the item needed to be deferred because the floodway issue had not been adequately addressed. A motion was made to defer the request to the December 1, 1987, meeting. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 SUBDIVISIONS Item No. C - Z-4900 OWNER: Henry Jordan APPLICANT: James Burton LOCATION: 1601 South Pine (West 16th and South Pine) REQUEST: Rezone from "R -3" to "C -1" PURPOSE: Food Store SIZE: 0.12 acre EXISTING USE: Vacant and Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-3" South - Single Family, Zoned "R-3" East - Single Family, Zoned "R-3" West - Single Family, Zoned "R-3" PLANNING CONSIDERATIONS: 1. The site contains an existing building that is being utilized as a residence. A portion of the building, which has been vacant for the past 12 years, was previously utilized as a grocery store. Due to the long time that the store portion has been vacant, nonconforming "grandfather" rights do not exist for the store operation. The building is located close to both Pine and 16th Streets with setbacks of about one foot from Pine Street and about 1.5 feet from 16th Street. Parking for the food store apparently would be on the streets. 2. There have been no adverse comments received from the reviewing agencies as of this writing. October 20, 1987 SUBDIVISIONS Item No. C - Continued 3. There are no legal issues. 4. Staff has received one call in favor of the request. There is no established neighborhood position relating to the request. 5. The proposal is contrary to the Stephens School Neighborhood Plan which calls for single family residential development in this area and for commercial development to occur at 12th Street or Asher Avenue. The proposal would constitute spot zoning, and would be a precedent for other rezonings that would lead to strip commercial development along Pine Street. STAFF RECOMMENDATION: Staff recommends denial of the "C-1" zoning request for the reasons indicated above. PLANNING COMMISSION ACTION: (September 20, 1987) The applicants stated that they had purchased the property eight or nine years ago with the intent of opening a store in the future. Prior to purchasing store equipment and food stock recently, they called the City concerning the cost of a license. Upon applying for a license, however, it was denied due to a zoning problem. The Commission discussed the potential impact of the store on the area, the possibility of additional rezoning requests, other uses of the store portion of the building, and referral to the Board of Adjustment. The Commission then voted 5 ayes, 4 noes, and 2 absent to approve the request. Due to the lack of six votes, the request was automatically deferred to the October 20, 1987, meeting. Commissioner Richard Massie moved: (a) that the matter be referred to the Board of Adjustment meeting on October 19, 1987, to determine whether grandfather rights to the store existed; (b) that no fee be charged for the Board of Adjustment application; (c) that a report be given to the Commission on October 20 concerning the Board of Adjustment action; and (d) that the Commission reconsider it on October 20, 1987, if the Board of Adjustment denies the application. The motion passed by a vote of 7 ayes, 0 noes, 2 absent, and 2 abstentions. October 20, 1987 SUBDIVISIONS Item No. C - Continued PLANNING COMMISSION ACTION: (October 20, 1987) Staff reported to the Commission that the Board of Adjustment at their October 19, 1987, meeting determined that a nonconforming status still existed for the property at 1601 South Pine. Because of this action by the Board of Adjustment, staff recommended to the Commission that the rezoning request be withdrawn from consideration. A motion was made to withdraw the item. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 1 - Z-1465-A Owner: Park Investment Company Applicant: Steve Gertsch Location: 4601 South University Request: Rezone from "C-3" to "C-4" Purpose: Auto Sales Size: 9.14 acres Existing Use: Auto Sales (nonconforming) SURROUNDING LAND USE AND ZONING: North - Rock Creek, Zoned "C-3" South - Fourche Creek, Zoned "C-3" East - Vacant, Zoned "R-2" West - Commercial, Zoned "I-2" STAFF ANALYSIS: The request before the Commission is to rezone an existing auto dealership from "C-3" to "C-4" to allow some expansion of the facility. The site is located on South University which has a large number of auto dealerships and a mixed zoning pattern so the proposed reclassification will not have any impact on the area. Because of the property's location, between Rock Creek and Fourche Creek, there will be some "OS" Open Space Zoning and dedication of the established floodway. Both creeks are identified on the Master Parks Plan as Priority One Open Space so the dedication is critical to achieving the plan's goals and for future drainage projects associated with Rock and Fourche Creeks. STAFF RECOMMENDATION: Staff recommends approval of "C-4" and "OS" for the floodway which is to be dedicated to the City. PLANNING COMMISSION ACTION: The applicant, Jim Summerlin, was present. There were no objectors. Mr. Summerlin said that he was only the applicant and he saw no problems with the "OS" October 20, 1987 Item No. 1 - Continued rezoning for the floodway and dedication but he would have to confirm everything with the owner. There were some additional comments made, and Mr. Summerlin then amended the application to "C-4" and "OS" for the established floodway with the understanding that dedication of the floodway will be required. A motion was offered to recommend approval of "C-4" and "OS" as amended subject to the staff's recommendation. The motion passed by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 2 - Z-3933-A Owner: Otter Creek Development Company Applicant: Claude Brasseale Location: Mabelvale West Road - West of Otter Creek East Boulevard Request: Rezone from "C-2" to "C-3" Purpose: Mixed Use Size: 4.1 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Commercial, Zoned "C-2" South - Public and Commercial, Zoned "C-2" and "I-2" East - Vacant and Public, Zoned "O-2" and "C-2" West - Commercial, Zoned "C-2" STAFF ANALYSIS: The site in question is located on Mabelvale West Road just west of the new Southwest Hospital, and the proposal is to rezone 4.1 acres from "C-2" to "C-3." It is the staff's understanding that the request is being made because the tract will be subdivided, and the two parcels will be less than the minimum site area, five acres, for the "C-2" District. "C-2" is also a site plan review district, but the permitted uses are basically the same so the reclassification is fairly insignificant. The zoning in the immediate area includes "O-2," "C-2," "C-3," and "I-2" with the most recent rezoning, "I-2" to "C-3," taking place at the southwest corner of Mabelvale West and Otter Creek East Boulevard. The land use is a mix of commercial and light industrial with the hospital facility under construction. Also, some of the parcels are still vacant /undeveloped. The proposed rezoning will not impact this pattern or change the direction of the area. The Otter Creek Plan endorses commercial uses for this location. STAFF RECOMMENDATION: Staff recommends approval of the "C-3" request as filed. October 20, 1987 Item No. 2 - Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was made to recommend approval of the "C-3" request as filed. The motion was approved. The vote 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 3 - Z-4389-B Owner: Alejandro Sy Applicant: Sharon Cain Location: 10900 Block of West Markham (West of Shackelford Road) Request: Rezone from "C-3" to "O-2" Purpose: Bank /Office Building Size: 5.0 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "C-2" South - Commercial and Industrial, Zoned "R-2" & "C-3" East - Commercial, Zoned "C-3" West - Vacant, Zoned "C-3" STAFF ANALYSIS: The proposal is to rezone 5.0 acres from "C-3" to "O-2" for a multistory office building which will include a bank's headquarters. The request is being made primarily to allow a mid -rise structure because "C-3" has a maximum height of only 35 feet. In the "O-3" District, the permitted height is 45 feet, but it allows a maximum height of 120 feet by increasing the setbacks from all the property lines. The Zoning Ordinance states that, "one foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines." The site is part of the I-430 District Plan area which identifies the location for major office use, and an "O-2" reclassification is compatible with that type of development pattern. Staff's position is that the request conforms to the plan and supports the "O-2" rezoning. "O-2" is the site plan review district, so prior to a building permit being issued for the project, the site plan will have to be approved by the Planning Commission. STAFF RECOMMENDATION: Staff recommends approval of the "O-2" rezoning as requested. October 20, 1987 Item No. 3 - Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was to recommend approval of the "O-2" rezoning as requested. The motion passed by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 4 - Z-4898 Owner: Jimmy Jones Applicant: Same Location: 12721 I-30 Request: Rezone from "R-2" to "C-4" Purpose: Commercial Size: 2.0 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - I-30 Right-of Way, Zoned "R-2" South - Vacant, Zoned "R-2" East - Commercial, Zoned "C-4" West - Commercial, Zoned "C-3" STAFF ANALYSIS: The property in question is located on the south side of I -30 and in the Otter Creek District Plan area which recommends a mix of commercial and industrial land uses for the general area. "C-4" is compatible with that type of pattern, and the existing zoning includes "C-3," "C-4," and "I-2." Land use is very similar to the zoning with a high percentage of the land still undeveloped and zoned "R-2." Some of the land is impacted by Crooked Creek and its floodway, so that obviously has affected the rate of development. This particular site has no floodway involvement. There are no outstanding issues associated with this request, and staff supports the rezoning. STAFF RECOMMENDATION: Staff recommends approval of the "C-4" request as filed. PLANNING COMMISSION ACTION: Staff reported to the Commission that the item needed to be deferred because the notices were mailed less than the required ten days. A motion was made to defer the request to the December 1, 1987, meeting. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 5 - Z-4908 Owner: Hi -Lift Equipment Rental, Inc. Applicant: Fred Smith Location: 6101 Forbing Road Request: Rezone from "R-2" to "I-2" Purpose: Industrial Size: 1.3 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Office, Zoned "I-2" South - Industrial, Zoned "I-2" East - Commercial, Zoned "I-2" West - Industrial, Zoned "I-2" STAFF ANALYSIS: The request is to rezone two lots on Forbing Road from "R-2" to "I -2" for some light industrial development in the future. These lots and two on the north side of Forbing are the only remaining residential parcels between Geyer Springs and South University. Other zoning includes "O-3," "C-3," "C-4," and "I-2" with the property under consideration abutting "I-2" on three sides. Land use is a mix of commercial and industrial with some vacant parcels remaining on the north side of Forbing Road. The reclassification of the two lots will not have an impact on the area, and staff supports the rezoning. There are no unresolved issues with this request. STAFF RECOMMENDATION: Staff recommends approval of the "I-2" rezoning. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was made to recommend approval of the "I-2" request as filed. The motion passed by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 6 - Z-4909 Owner: Markham Real Properties Applicant: Maury Mitchell Location: North Bowman Road and Markham Park Drive Request: Rezone from "C-3" to "C-4" Purpose: Auto Sales Size: 1.1 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and Commercial, Zoned "C-3" South - Vacant, Zoned "C-3" East - Commercial, Zoned "C-3" West - Vacant and Commercial, Zoned "C-3" PLANNING CONSIDERATIONS 1. The request is to rezone a tract of land, two platted lots, from "C-3" to "C-4" for an automobile dealership. The site is located in the West Markham /Bowman Road area and the property is L- shaped, so the parcel has frontage on two streets, North Bowman and Markham Park Drive. Zoning in the area includes "R-2," "MF-12," "MF-24," "O-3," and "C-3." Commercial zoning is found on both sides of West Markham and a majority of it has been in place for a number of years. Land use follows the zoning pattern with several of the multifamily and commercial tracts undeveloped. The existing "R-2" zoning is for some City parkland to the west and for a well- established neighborhood that is located south of West Markham. With the recent improvements to West Markham and the extension of Bowman Road north of West Markham, this area is experiencing rapid growth and becoming a visible commercial core. 2. Both lots are currently vacant. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. October 20, 1987 Item No. 6 - Continued 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 this particular site. 7. The proposal is to rezone the property to permit auto sales which staff feels is inappropriate for the location and does not support the "C-4" request. Staff is concerned with a "C-4" reclassification at this site because of the open display aspect and some of the permitted uses in "C-4" being potentially incompatible with the existing development pattern. Currently, the uses in the immediate vicinity are either service oriented or the convenience type such as fast food outlets. There are some auto related uses in the area, but their operations are mostly enclosed and permitted in the "C-3" District either by right or as a conditional use. Also, approximately one-half mile to the east on West Markham, there is a new car sales lot, zoned "C-4," and staff did not support the rezoning either. Another factor staff considered in its review is the site's location and whether it conforms to the purpose and intent of the "C-4" District. The Zoning Ordinance states that "appropriate locations for this district are along heavily traveled major traffic arterials and suitable for displaying storage outside the confines of an enclosed building." Neither North Bowman or Markham Park Drive can be characterized as heavily traveled arterials and only North Bowman is identified on the Master Street Plan as a minor arterial. One additional plan element that needs to be mentioned is the I-430 District Plan. The recommended land use for the area in question is designated as community shopping center, and both the "C-2" and "C-3" Districts are more appropriate classifications for that type of designation. "C-4" is not normally associated with or lends itself to that development pattern. STAFF RECOMMENDATION: Staff recommends denial of the "C-4" rezoning as filed. PLANNING COMMISSION ACTION: The applicant, Maury Mitchell, was present. Three objectors were in attendance. Mr. Mitchell spoke briefly and introduced John Harris, the proposed buyer of the property. Mr. Harris said that he has several new car dealerships in October 20, 1987 Item No. 6 - Continued the Central Arkansas area and indicated that there was a need for a speciality dealership for used autos in West Little Rock. He said he would specialize in the upper end of the auto market, such as Mercedes and Corvettes. Mr. Harris then discussed existing dealerships in West Little Rock and presented the proposed site plan and some photos. He went on to describe the site plan and said the lot would be completely asphalt with a 3500 square foot building. Mr. Harris told the Commission that no major repair work would take place, and he would have to maintain an image because of the clients. Mr. Mitchell then discussed the "C-4" District and said that the developers did not want any junky uses either. He also said that the land prices will have an impact and dictate an upper end use. Hal Kemp representing Don Feelen, the owner of Browning's Express, then spoke and objected to the "C-4" rezoning. Mr. Kemp said that the area is occupied by "C-3" uses, and a "C-4" reclassification would destroy the "C-3" concept. He was also concerned with some of the permitted uses in "C-4" and said the site plan appears to have some problems. At that time, there was a long discussion by the Commission about the possibility of utilizing the "PUD" process for the development. Mr. Kemp spoke again and said the use should be compatible with the other uses and a used car lot is undesirable. Mr. Mitchell described the area and said that there was nothing wrong with the proposed use, a used car dealership. There were additional comments made by the various individuals and several Planning Commissioners who indicated that the use was compatible with the area. Mr. Mitchell then questioned the time frame for a PUD, and Mr. Kemp said that a "PCD" was a reasonable possibility. At that point, a motion was made and seconded. The motion stated that the applicant resubmit the request as a "PCD" which is to be reviewed by the Subdivision Committee at their October 22 meeting and placed on the agenda for the November 3 Planning Commission hearing. Prior to the vote, additional comments were made by various persons, including Danny Thomas. Mr. Thomas discussed the property and said that the Bill of Assurance would protect the area. The Commission then voted on the motion. The votes 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 7 - Z-4910 Owner: Herring Marathon Master Partnership B Applicant: Herring Marathon Group Location: "C" and Arthur Streets (Park Plaza) Request: Rezone from "R-2" to "C-3" Purpose: Parking Size: 0.31 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Nursing Home, Zoned "O-3" South - Parking, Zoned "C-3" East - Multifamily, Zoned "O-3" West - Parking, Zoned "C-3" STAFF ANALYSIS: The site under consideration is part of the Park Plaza redevelopment, and the proposal is to utilize the two lots for additional parking. To accomplish this and to clean up the zoning, the owners are requesting a rezoning change from "R-2" to "C-3." The "C-3" reclassification is compatible with the area because of the existing land use and zoning which is primarily "O-3" and "C-3." The land uses include the future mall area to the south with a mix of office and multifamily residential to the north, west, and east. STAFF RECOMMENDATION: Staff recommends approval of the "C-3" request as filed. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was made to recommend approval of the "C-3" rezoning as requested. The motion passed by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 8 - Z-4911 Owner: Little Rock Wastewater Utility and Water Works Applicant: Same Location: Talley Road Request: Rezone from "R-2" to "I-1" Purpose: Access Road Size: 0.1 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Vacant, Zoned "R-2" East - Vacant, Zoned "I-1" West - Vacant, Zoned "R-2" STAFF ANALYSIS: This request was filed by the Little Rock Wastewater Utility and Water Works and it is to rezone a small tract of land from "R-2" to "I-1" for purposes of providing access to the utilities future maintenance /distribution center. The access road will be from Talley Road and enter the rear of the property which has frontage on Shackleford Road, the primary entrance point. Over the last couple years, the City has approved several "I-1" rezonings in the area for the two utilities to accommodate their new facility. The reclassifications initiated some plan amendments to the I-430 District Plan which expanded the light industrial area south of Colonel Glenn Road and included lands from Shackleford to Talley Road. The property under consideration is within that enlarged industrial area and staff supports the request. The proposed reclassification will not impact the adjacent properties or change the direction of the land use plan. STAFF RECOMMENDATION: Staff recommends approval of the "I-1" rezoning as filed. October 20, 1987 Item No. 8 - Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was made to recommend approval of the "I-1" request. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. October 20, 1987 Item No. 9 - Z-4912 Owner: Jerry and Deborah McKinnis Applicant: Joe A. Polk Location: 1507 Cumberland Request: Rezone from "R-5" to "O-3" Purpose: Of f ice Size: 0.21 acres Existing Use: Office SURROUNDING LAND USE AND ZONING: North - Residential, Zoned "R-5" South - Vacant, Zoned "R-5" East - Residential, Zoned "R-5" West - Nursing Home, Capital Zoning District PLANNING CONSIDERATIONS: 1. The request before the Commission is to rezone 1507 Cumberland from "R-5" to "O-3" for an office use. The property is currently a nonconforming office, and when the owner applied for a privilege license, it was denied because of the "R-5" zoning. At that point, the owner was instructed to file for the appropriate reclassification or discontinue the use at the location under consideration. The neighborhood is a mix of both residential and nonresidential uses with Cumberland currently functioning as a boundary between the different uses. In the immediate vicinity, the uses include single family, multifamily, institutional (a nursing home), public, and some of the lots are vacant. Zoning in the area is "R-4," "R-5," and "MR" which is a medium density residential district in the Central Little Rock Zoning Ordinance. To the west of Cumberland is the Capital Zoning District which has its own land use regulations, and the City of Little Rock has no zoning jurisdiction within the district boundaries. 2. The site is occupied by a large structure that has been converted into an office. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. October 20, 1987 Item No. 9 - Continued 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 history or neighborhood position on the site. 7. Staff's position is that an office use at this location appears to be reasonable because of the existing patterns and supports an office reclassification. After reviewing the request and its relationship to the area, staff feels that an "O-1" rezoning is more appropriate for the neighborhood and not the "O-3" as requested. The Zoning Ordinance states: The "O-1" Quiet Office District is established in order to provide for orderly conversion of older structures no longer useful, serviceable, or desirable in the present uses to office use. The area standards provided in the "O-1" Quiet Office District anticipate the office uses will be located in established areas of the City and in close proximity to apartments and other residential uses. Height, area, and off-street parking regulations are designed to ensure that office uses will be compatible with adjacent residential districts. New construction designed to reinforce existing desirable characteristics of the neighborhood and not detrimental to the continued use of surrounding properties for residential purposes shall also be accommodated in this district. It is the staff's opinion that the purpose and intent paragraph applies to this particular situation and believes that the "O-1" reclassification will not create any additional problems for the neighborhood. And finally, across Cumberland the land is zoned "N" in the Capital Zoning District which permits a professional office by right, so the zoning is not exclusively residential, and it has been impacted by the establishment of the Capital Zoning District. STAFF RECOMMENDATION: Staff recommends approval of "O-1" and not "O-3" as filed. October 20, 1987 Item No. 9 - Continued PLANNING COMMISSION ACTION: The applicant, Joe Polk, was present. There were no objectors. Mr. Polk spoke and said that there were no objections to amending the application to "O-1" as recommended by the staff. Mr. Polk was questioned about the rezoning sign and if one had been put up. He indicated that the required sign had been posted, but somebody had removed it several days prior to the hearing. Mr. Polk said that JM Associates, a TV production company that produces a fishing show, occupies the structure at 1507 Cumberland, but it is only used for the office functions. There was some additional discussion. A motion was made to recommend approval of the "O-1" rezoning as amended. The motion passed by a vote of 9 ayes, 0 noes, 0 absent, and 2 abstentions (Bill Rector and Jerilyn Nicholson). October 20, 1987 There being no further business before the Commission, the meeting was adjourned at 2 :30 p.m. Date Chairman Secretary