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