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pc_04 05 1988LITTLE ROCK PLANNING COMMISSION MINUTE RECORD APRIL 5, 1988 1:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present being nine in number. II. Approval of the Minutes of the Previous Meeting The minutes of the February 23, 1988, were approved as mailed. III. Members Present: David Jones Walter Riddick III Jerilyn Nicholson Richard Massie John Schlereth Rose Collins Fred Perkins Martha Miller Bill Rector Members Absent: Steven Leek T. Grace Jones City Attorney: Stephen Giles April 5, 1988 Item No. A - Z-4470-A Owner: CCMN Joint Venture II Applicant: J.E. Hathaway, Jr. Location: Rock Creek Parkway Request: Rezone from "MF-18" and "O-3" to "O-3" and "C-3" Purpose: Mixed Use Size: 19.0 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Unclassified, Zoned "MF-18" South - Vacant, Zoned "R-2" East - Vacant, Zoned "MF-18" and PRD West - Vacant, Zoned "O-3" STAFF ANALYSIS: The site under consideration is at the west end of the Rock Creek Parkway and involves approximately 19 acres. The request is to rezone the property from "MF-18" and "O-3" to "O-3" and "C-3." The proposal will add some commercial zoning, increase the amount of office land, and decrease the multifamily area., How the property will be developed or subdivided is unknown because only a rezoning concept is shown on the survey. In addition to the use areas, two proposed streets are also identified on the survey with one road being a north /south arterial as shown on the new Extraterritorial Land Use Plan /Upper Rock Creek District Plan. The entire site, a total of 40 acres, was originally rezoned to "MF-18" and "O-3" in 1985. (At the time of filing the first rezoning action, the land was outside the City and was annexed during the rezoning process.) The previous rezoning was delayed on several occasions to allow for additional study of the area because the Suburban Development Plan showed a single family residential development pattern. It was finally determined that a zoning configuration as proposed was a reasonable option for the 40-acre tract. The Upper Rock Creek District Plan recommends a mix of multifamily, office, and commercial uses for the site, so the proposal basically follows the plan's concept. There are two discrepancies between the plan and the proposed rezonings. On the plan, commercial property is shown April 5, 1988 Item No. A - Continued on both sides of the proposed arterial. With this request, the commercial area is all east of the north/south arterial, and staff feels that is a reasonable variation from the plan. The other difference involves the proposed office area between the commercial and multifamily tracts. There is a major drainage /utility easement through the property, and the plan shows the easement functioning as the break between the residential and nonresidential uses. In this area, the plan should be maintained and that would result in only a minor increase in the office land. As has been previously mentioned, there is a proposed north/south arterial shown on the plan that impacts the property. (This arterial is not identified on the current Master Street Plan, but it is included in the revised street plan that is currently being reviewed.) On the survey, the western boundary of the "C-3" tract is also alignment for the north/south road which staff is assuming is the new arterial. At this time, the City has not determined the exact location for the arterial and feels that cannot be done until a thorough traffic impact study is undertaken for the area. City staff feels that a comprehensive study is needed because of potential problems, and until one is completed, action on the rezoning request should be delayed. A study is needed because of the arterial and potential changes in traffic movement due to the proposed reclassifications. It is possible that the study could recommend a different location for the arterial and that would affect the requested rezonings. STAFF RECOMMENDATION: Staff recommends an indefinite deferral until the traffic impact study is completed. PLANNING COMMISSION ACTION: (12-1-87) Staff reported that the applicant agreed with deferring the item. A motion was made to defer the request to the January 12, 1988, meeting. The motion was approved. The vote - 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (1-12-88) Staff reported that the item needed to be deferred and all parties were in agreement with the deferral. A motion was made to defer the item to the February 23, 1988, meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. April 5, 1988 Item No. A - Continued PLANNING COMMISSION ACTION: (February 23, 1988) Staff informed the Commission that the applicant had submitted a written request for a deferral. A motion was made to defer the issue to the April 5, 1988, meeting. The motion was approved by a vote of 10 ayes, 0 noes, and 1 absent. PLANNING COMMISSION ACTION: (April 5, 1988) Staff reported to the Planning Commission that the request needed to be deferred again and that all parties agreed to a deferral. A motion was made to defer the item to the May 17, 1988, meeting. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. B - Z-4933 Owner: CCMN Joint Venture II Applicant: J.E. Hathaway, Jr. Location: Kanis Road at Rock Creek Parkway Request: Rezone from Unclassified to "C-3" Purpose: Commercial Size: 8.85 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and Church, Zoned "O-1" and "O-3" South - Single Family, Unclassified East - Office and Industrial, Unclassified West - Vacant and Single Family, Unclassified STAFF ANALYSIS: The rezoning request is to rezone property to "C-3" for an unspecified commercial use. The site is currently outside the City limits so it is unclassified; the property abuts the City limits on the north side. The land is vacant and located at the southeast corner of where Kanis Road intersects the Rock Creek Parkway. The site under consideration is part of the Upper Rock Creek District Plan area which recommends the location for commercial development. With this type of land use designation, the proposed "C-3" reclassification is appropriate, but staff feels that the rezoning action should be deferred for several reasons. The first and primary concern is the location of an arterial which the land use plan places along the east boundary of the tract. As with Item No. 2, Z-4470-A, this alignment has not been finalized and needs to be looked at in the recommended traffic impact study for the area. Also with the pending reclassifications, review of the entire street network should be part of the study to avoid any circulation problems in the future. The other issue has to do with the annexation of the property. In the past, the policy has been that the annexation petition must be filed with the County before the Planning Commission can act on the April 5, 1988 Item No. B - Continued request. Staff has not received any documentation to this effect, and the issue should be deferred until the proper filing is completed. One final plan element that needs to be mentioned is the Master Parks Plan. Some of the land in question is identified on the plan as Priority 2 Proposed Open Space. The priority system refers to the need for acquisition relative to other streams throughout the City. Because of the current rate of development in this part of Little Rock, all the waterways in West Little Rock could be categorized as Priority I. Another Parks Plan issue that could affect this property is the recommended open space acquisition width for Rock Creek. The plan suggests a minimum acquisition width of 350 feet for Rock Creek, and it is possible that could include some of this site. The Engineering staff is in the process of reviewing what is needed for this area in terms of acquisition. STAFF RECOMMENDATION: Staff recommends that the request be deferred until the traffic study is completed and the annexation issue is addressed. PLANNING COMMISSION ACTION: (12-1-87) Staff reported that the applicant was in agreement with deferring the item. A motion was made to defer the request to the January 12, 1988, meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (1-12-88) Staff informed the Planning Commission that the item needed to be deferred and the applicant agreed to deferring the issue. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. PLANNING COMMISSION ACTION: (2-23-88) Staff reported that the applicant had submitted a written request for another deferral. A motion was made to defer the item to the April 5, 1988, meeting. The motion passed by a vote of 10 ayes, 0 noes, and 1 absent. April 5, 1988 Item No. B - Continued PLANNING COMMISSION ACTION: (April 5, 1988) Staff informed the Commission that the applicant asked that the issue be withdrawn from consideration. A motion was made to withdraw the item as requested. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. C - Z-4973 Owner: Consolidated Leasing, Inc. Applicant: Grady L. Wahlquist Location: 3021 Cantrell Road Request: Rezone from "C-3" to "C-4" Purpose: Auto leasing with storage Size: 0.89 acres Existing Use: Speciality auto leasing SURROUNDING LAND USE AND ZONING: North - Office and Commercial, Zoned "O-2" and "I-2" South - Vacant and Commercial, Zoned "R-2" and "C-3" East - Commercial, Zoned "C-3" West - Single Family, Zoned "R-2" STAFF ANALYSIS: The request is to rezone 3021 Cantrell Road from "C-3" to "C-4" to permit auto leasing with outside storage/display. Over the years, the property has been utilized primarily for auto related uses including a service station and a speciality auto service, the most recent use. The site has one building on it and is currently unoccupied. Even though the property has had a variety of similar uses to the one being proposed, the lot does not have nonconforming status for outside display according to the City's Zoning Enforcement Office. Zoning in the area is a mix of residential and nonresidential with the site in question abutting "R-2" and "C-3." Across Cantrell Road, the current zoning is"O-2" and "I-2." The existing land use includes single family, multifamily, office, and commercial uses ranging from eating places to a tire service center. To the west, there is an established single family neighborhood, but the proposed reclassification will not impact it because there is a grade difference and the prior auto uses did not create any problems. The Heights/Hillcrest District Plan recommends a commercial pattern for this portion of Cantrell Road but does not suggest that it be restricted to any particular commercial classification. Considering the location and the existing development, staff views the "C-4" request as being a reasonable option. April 5, 1988 Item No. C - Continued ENGINEERING COMMENTS: 1. Access points to be reviewed by the City Engineering staff . 2. A right-of-way of 50 feet from the centerline for Cantrell Road. This will require dedication of additional right-of-way because the survey reflects existing right-of-way of 60 feet, 30 feet from the centerline. 3. A 20 to 25-foot drainage easement adjacent to the west property line is needed. STAFF RECOMMENDATION: Staff recommends approval of the "C-4" rezoning. PLANNING COMMISSION ACTION: (2-23-88) The applicant was represented by Henry Osterloh, an attorney. David McCreery, an adjacent property owner, was present and expressed an interest in the case. Mr. Osterloh spoke briefly and said there were no problems with the dedication of additional right -of -way for Cantrell Road. Mr. McCreery said he was not necessarily opposed to the use but did have some concerns about development specifics such as lighting. There were a number of comments made by the Planning Commission and staff responded to several concerns. Mr. McCreery spoke again and said he was concerned with the rezoning because of not restricting the use and then went on to discuss the PUD process. There was a long discussion about "C-4," and Mr. Osterloh tried to answer some questions. Kenny Scott of the City's Enforcement staff responded to a comment about the site's nonconforming status. The Planning Commission then discussed the possibility of deferring the item, and Mr. Osterloh agreed to a deferral. A motion was made to defer the item to the March 8, 1988, meeting. The motion was approved by a vote of 11 ayes, 0 noes, and 0 absent. PLANNING COMMISSION ACTION: (3-8-88) The applicant, Grady Wahlquist, was present and requested a deferral to the April 5, 1988, meeting. There were no objectors in attendance and no one spoke in opposition to the deferral request. A motion was made to defer the item to the April 5, 1988, meeting. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. C - Continued PLANNING COMMISSION ACTION: (April 5, 1988) It was reported to the Planning Commission that the applicant had submitted a written request to withdraw the rezoning without prejudice. A motion was made to withdraw the "C-4" request without prejudice. The motion passed by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 1 - Z-2658-B Owner: Ray Thomas Applicant: Joe D. White Location: 5300 South University Request: Rezone from "C-3" to "OS" and "C-4" Purpose: Commercial Size: 25.94 acres Existing Use: Vacant and Commercial SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" and "C-4" South - Vacant, Zoned "R-2" and "C-4" East - Commercial, Zoned "C-3, "C-4," and "I-2" West - Vacant, Zoned "R-2" STAFF ANALYSIS: The proposal is to rezone a 26 acre tract on South University from "C-3" to "C-4" and "OS." At this time, no specific use has been identified, but the owner has indicated that persons who have expressed an interest in the property have primarily been ones with auto related uses. The owner is asking for a "C-4" change to avoid having to apply for a conditional use permit each time an auto type use wants to lease some space in an existing building on the site. Along this portion of South University, there is no established zoning configuration or land use pattern. Zoning in the general area includes "R-2," "C-3," "C-4," and "I-2" with the property in question abutting "C-4" on the north and south sides. The land use is very similar to the zoning and ranges from single family to auto oriented commercial uses. The proposed "OS" rezoning involves 3.5 acres of land in the northwest corner of the property adjacent to Fourche Creek. In addition to the "OS" reclassification, the floodway area will also have to be dedicated to the City per Ordinance No. 15,435. April 5, 1988 Item No. 1 - Continued Over the years, the City has viewed South University as a "C-3/C-4" corridor, and the pending reclassification reinforces this pattern. The rezoning will not create any impacts, and the staff supports the request. ENGINEERING COMMENTS: 1. Right-of-way dedication and street improvements for South University Avenue on West 53rd Street. 2. Floodway dedication. STAFF RECOMMENDATION: Staff recommends approval of the "C-4" and "OS" rezonings as requested. PLANNING COMMISSION: The applicant was present. There were no objectors. A motion was made to recommend approval of "C-4" and "OS" for the floodway as requested. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 2 - Z-3121-A Owner: United Communications, Inc. Applicant: Joe D. White Location: Asher Avenue (east of University Avenue) Request: Rezone from "I-2" to "C-3" Purpose: Commercial Size: 14.4 acres Existing Use: Vacant (Old Asher Avenue Drive-In Theater) SURROUNDING LAND USE AND ZONING: North - Commercial, Zoned "C-3" South - Vacant, Zoned "R-2" East - Vacant and Industrial, Zoned "R-2" and "I-2" West - Commercial, Zoned "MF-24" and "C-3" STAFF ANALYSIS: The rezoning involves the old Asher Avenue Drive-In Theater and the request is to rezone approximately 15 acres from "I-2" to "C-3" for a commercial development. The site is situated east of University Avenue and adjacent to a shopping center along the west property line and industrial use on the east. To the south, the land is vacant because of some floodplain and floodway involvement. This low area also abuts some of the east side of the property in question which is currently outside the City limits. The zoning for this vacant area to the south is "R-2." This segment of Asher Avenue is very similar to the rest of Asher in terms of zoning with a mix of commercial and industrial classifications. The land use is the same and includes two well-established shopping centers, a milk producing plant, and various other nonresidential uses. The majority of the Asher frontage is built up in the area, and the undeveloped land is primarily located to the south as has been previously mentioned. April 5, 1988 Item No. 2 - Continued Reclassifying the site to "C-3" should only have a positive impact on the area because of the strong possibility of new development occurring which is critical to a street like Asher Avenue. Every effort should be made to encourage redevelopment and upgrading of properties along Asher Avenue, and the staff believes that the proposed "C-3" reclassification is one method of achieving this goal. ENGINEERING COMMENTS: 1. A traffic impact study is required. 2. Floodway dedication required. 3. Excavation Ordinance requirements. 4. Access and street improvements will be required at the time of a building permit. 5. Right-of-way dedication required on Asher Avenue. STAFF RECOMMENDATION: Staff recommends approval of the "C-3" rezoning request and "OS" for any floodway land. PLANNING COMMISSION ACTION: The applicant, Joe White, was present. There were no objectors. Staff addressed the Commission and recommended that the item be deferred to the April 19, 1988, meeting to allow the rezoning and a proposed site plan to be discussed at the same time. Mr. White responded to the staff's request and asked that the rezoning not be deferred because the proposed "C-3" reclassification was not a problem. He said that the technical issues such as traffic could be addressed at the time of the site plan review. Carroll Ball of the City's Engineering staff discussed the traffic issue and answered several questions. Kenny Scott of the Zoning Enforcement Office spoke and said that Don McChesney, City Engineer, was primarily concerned with access and circulation. Ernie Peters, a traffic engineer, indicated to the Planning Commission that a traffic study was provided to the City Engineer several weeks ago and the significant issues were addressed in the study. Mr. Peters also said that the Arkansas Highway and Transportation Department was in the process of reviewing the study and then discussed the potential impacts from a commercial development vs. industrial uses. Bill Hastings discussed the proposed project and made several other comments. Don Nance, April 5, 1988 Item No. 2 - Continued representing Coleman Dairy, expressed some concerns over traffic movement in the area and asked several questions. Mr. Peters responded to Mr. Nance and described the proposed traffic improvements. There was a long discussion about the various issues. A motion was made to recommend approval of the "C-3" rezoning as requested. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 3 - Z-3371-D Owner: I-430 Interchange Partnership Applicant: Garver and Garver by: Steven L. Haynes Location: I-430 and Colonel Glenn Road Request: Rezone from "MF-12" to "O-2" Purpose: Office Size: 27.3 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Industrial, Zoned "R-2" South - Vacant, Zoned "O-2" and "C-3" East - Vacant, Zoned "R-2" West - Vacant, Zoned "O-2" STAFF ANALYSIS: The proposal before the Commission is to rezone a 27 acre parcel from "MF-12" to "O-2" for future office development. The site is situated to the northeast of the I-430/Colonel Glenn Road interchange and currently has no frontage on a dedicated public street. The property in question is part of larger area that includes 22.6 acres of "O-2" and a 7.4 acre parcel of "C-3" located to the south. Other nonresidential zoning in the immediate vicinity includes "C-2" and "C-3" along Colonel Glenn Road. The land to the east and north is still zoned "R-2." At this time, most of the land is still undeveloped, but there are two major nonresidential uses in the area. To the north, there is a nonconforming industrial use, and to the south, adjacent to Colonel Glenn Road, there is substantial commercial use. History on the site dates back to 1979 when the property was first annexed to the City. In 1981, a majority of the land was rezoned to "MF-12," and then in 1983, a "MF-12" and "O-2" zoning configuration was approved for approximately 65 acres. The most recent zoning action occurred when some of the land to the south of the property in question was rezoned to "C-2" and "C-3." Other recent rezonings in the vicinity have occurred primarily to the east and have been to "I-1." April 5, 1988 Item No. 3 - Continued This location is part of the I-430 District Plan which was reviewed and amended in 1987 because of the proposed Summit development. There were several major changes made to the plan, including the site under consideration. For the land in question, the I-430 Plan recommends "a suburban office park" designation. "O-2" is an appropriate classification for this type of development, and staff supports the rezoning. As has been previously mentioned, there is no dedicated street to the site, so proper access to the property needs to be addressed. The Master Street Plan shows a collector serving the property from Colonel Glenn Road to West 36th. The location of the collector needs to be identified and should be done as part of a plat. ENGINEERING COMMENTS: 1. A traffic study and access plan are required. 2. Detention and Excavation Ordinance required. 3. Right-of-way and street improvements. STAFF RECOMMENDATION: Staff recommends approval of the "O-2" rezoning request. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was made to recommend approval of the "O-2" rezoning request. The motion passed by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 4 - Z-4297-A Owner: Winrock Development Company Applicant: Joe D. White Location: Bowman Road (at Panther Creek) Request: Rezone from "R-2" to "MF-18" Purpose: Multifamily Size: 9.3 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 request is to rezone 9.3 acres on the east side of Bowman Road from "R-2" to "MF-18." The site is situated just south of where Panther Creek crosses Bowman Road, and all the land is located between the creek and Bowman Road. Zoning in the area is "R-2," and the most significant land use is the Sandpiper Subdivision located to the east and northeast. Other land uses include scattered single family units and a nonconforming auto repair garage at the southwest corner of Bowman Road and Gilbert Drive. In addition to the existing development, a high percentage of land is still vacant, including a large tract to the south and the land across Bowman Road to the west. 2. The site is vacant and increases in elevation from east to west with the high point being in the southwest corner of the property. Along the east side of the site, there is some floodplain involvement, and the Panther Creek floodway forms the eastern boundary of the tract under consideration. 3. Bowman Road is classified as a minor arterial which requires a minimum right-of-way of 80 feet, so additional dedication of right-of-way will be required. April 5, 1988 Item No. 4 - Continued 4. Comments from Engineering include: Street improvements and right-of-way dedication for Bowman Road. . Dedication of the established floodway. 5. There are no legal issues. 6. In 1984, a rezoning application was filed for approximately 27 acres, including the parcel in question. The initial request was for "MF-12" and "MF-18" which was amended to reduce the "MF-18" area and change the "MF-12" to "MF-6." Also, 5.5 acres were to be rezoned to "OS." There was strong opposition from the residents of the Sandpiper Addition to the rezoning proposal. Objectors were concerned with inadequate buffering, property values, and traffic. The rezoning proposal was finally withdrawn from consideration at the request of the owner. Staff supported an "MF" classification for the land between Bowman Road and the creek with an "OS" area providing a buffer for the tracts to the east. 7. Staff feels that an "MF-18" reclassification is a reasonable option for the land because of being adjacent to a minor arterial and the creek providing an adequate buffer for the lots to the east; this position is similar to the one taken on the 1984 proposal. Another factor that needs to be taken into consideration is the topography which does not lend itself to a single family detached development, but rather some type of attached structural arrangement. One issue that should be resolved prior to taking any action on the "MF" rezoning is the future extension of Ridgewood Road. Residents of Sandpiper have always been concerned about the alignment of Ridgewood and how it will tie into Bowman Road. The concern has to do with a direct route through the subdivision and the potential for increasing traffic flow. A preliminary plat has been filed for the area between Bowman Road and Forest Brook Court in the Sandpiper West Addition, which should adequately address the street issue. One final item is the Master Parks Plan which identifies Panther Creek as Priority One open space with an average floodway width of 175 feet and a buffer zone of 50 feet. April 5, 1988 Item No. 4 - Continued STAFF RECOMMENDATION: Staff recommends that the "MF-18" request be deferred to the April 19 subdivision hearing so the proposed rezoning and preliminary plat can be reviewed at the same time. PLANNING COMMISSION ACTION: (April 5, 1988) Staff reported that the applicant submitted a letter requesting that the item be deferred to the April 19, 1988, meeting as suggested by the staff. A motion was made to defer the rezoning request to the April 19th meeting. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 5 - Z-4909-B Owner: Markham Real Properties Applicant: Maury Mitchell Location: Markham Park Drive and Bowman Road Request: Rezone from "PCD" to "C-3" Purpose: Commercial Size: 1.5 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" STAFF ANALYSIS: In October 1987, a "C-4" rezoning request was filed for the two lots to permit a used car dealership. During the Planning Commission hearing, there was a lengthy discussion over a "C-4" reclassification at this location, and because of several concerns, the application was converted to a "PCD." The "PCD" for the car lot was approved by both the Planning Commission and the City Board of Directors in November of the same year. The issue now is to revoke the existing "PCD" and reclassify the property back to "C-3." There are no outstanding issues, and staff supports the request. (In addition to approving the "C-3" reclassification, the Planning Commission must also pass a resolution recommending revocation of the "PCD" to the Board of Directors.) ENGINEERING COMMENTS: One driveway on each street per the Master Street Plan Ordinance. STAFF RECOMMENDATION: Staff recommends approval of the "C-3" request as filed. April 5, 1988 Item No. 5 - Continued PLANNING COMMISSION ACTION: The applicant was present. There were no objectors. A motion was made to recommend approval of the "C-3" request. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. (The Planning Commission also passed a resolution recommending that the existing PCD be revoked.) April 5, 1988 Item No. 6 - Z-4983 Owner: Helen D. Coakley Applicant: Same Location: 1011 Booker Street Request: Rezone from "R-3" to "C-1" Purpose: Beauty shop Size: 0.16 acres Existing Use: 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 request is to rezone a single lot from "R-3" to "C-1" for the purpose of allowing a beauty shop. The proposal is to convert a portion of the existing residence on the lot into the beauty shop, and the owner will reside in the remaining area. The site is located in a residential neighborhood with the predominant use being single family residential. On some of the blocks to the west, the residential pattern becomes more varied with a mix of single family units and duplexes, but in the immediate vicinity of 1011 Booker, the lots are all single family. The surrounding zoning is "R-3" with several "R-4" parcels located throughout the neighborhood. To the southeast of the lot in question, at West 12th and Woodrow, there is some nonresidential zoning which includes "O-3," "C-1," and "C-3." Also at the corner of Johnson and West 12th, there are two lots zoned "O-3" which are currently being used for a church parking lot. All the existing nonresidential zoning in the area is limited to the major streets and has not encroached into the neighborhood north of West 12th and and west of Woodrow. April 5, 1988 Item No. 6 - Continued 2. The site is a 50' x 142' lot with a one-story frame residence on it. 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Engineering reports that parking and access requirements must be met. 5. There are no legal issues. 6. There is no documented history on the site. Staff has received several calls in support of the rezoning and one call in opposition. 7. 1011 Booker Street is located in the Stephens School Neighborhood, and the adopted plan for the area recommends continued single family use for the general location. The land use plan restricts the commercial area to the intersection of West 12th and Woodrow with low density multifamily along both sides of Woodrow between West 12th and I-630. Staff's position is that the proposed "C-1" rezoning is inappropriate because of the plan element and does not support the request. Other reasons for the negative recommendation include the potential for an undesirable spot zoning and adverse impact on the surrounding neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the "C-1" rezoning as requested. PLANNING COMMISSION ACTION: The applicant, Helen Coakley, was present. There were no objectors. Mrs. Coakley told the Commission that her plan was to convert an existing den into a beauty shop that would have a separate entrance. She also said that the beauty shop would not generate a lot of traffic or create any problems for the area. There was a long discussion about introducing commercial zoning into the neighborhood and the potential impact. Mrs. Coakley offered some additional comments and several Commissioners made closing remarks. A motion was made to recommend approval of the "C-1" request as filed. The vote: 0 ayes, 9 noes, 2 absent. The motion failed and the "C-1" request was denied. STAFF RECOMMENDATION: Staff recommends denial of the "C-1" rezoning as requested. PLANNING COMMISSION ACTION: The applicant, Helen Coakley, was present. There were no objectors. Mrs. Coakley told the Commission that her plan was to convert an existing den into a beauty shop that would have a separate entrance. She also said that the beauty shop would not generate a lot of traffic or create any problems for the area. There was a long discussion about introducing commercial zoning into the neighborhood and the potential impact. Mrs. Coakley offered some additional comments and several Commissioners made closing remarks. A motion was made to recommend approval of the "C-1" request as filed. The vote: 0 ayes, 9 noes, 2 absent. The motion failed and the "C-1" request was denied. April 5, 1988 Item No. 7 - Z-4990 Owner: James A. Craig Applicant: William F. Sherman Location: I-30 and County Line Road Request: Rezone from "R-2" to "C-4" Purpose: Commercial and auto sales Size: 25.0 acres Existing Use: Commercial and vacant SURROUNDING LAND USE AND ZONING: North - I-30 Right-of-way, Zoned "R-2" South - Vacant and Single Family, Zoned "R-2" East - Vacant and Single Family, Zoned "R-2" West - Commercial (Saline County) STAFF ANALYSIS: The proposal is to rezone approximately 25 acres on the south side of I-30 at County Line Road from "R-2" to "C-4" for auto sales and other commercial uses. Currently on the property, there is a small commercial use in the northwest corner with the balance of the site undeveloped. A strip of land adjacent to County Line Road (Arkansas State Highway 111) is not part of this application and will remain "R-2;" there are two single family units on this part of the ownership. Some of the southeast corner of the property is in the floodplain with some minor floodway involvement. Zoning in the immediate vicinity is "R-2" with no zoning designation on the west side of County Line Road because of being in Saline County. Other zoning found in the general area is "R-7," "R-7A," "C-3, " and "C-4." Land use is a mix of residential and nonresidential with the two most significant uses being the I-30 Speedway to the east and a concrete plant to the south. Along both sides of I-30, the commercial uses include general retail, highway oriented, and service commercials. The proposed uses for the property in question will not vary from the existing development. April 5, 1988 Item No. 7 - Continued The Otter Creek District Plan covers this area, and the land use plan recommends a mixed commercial and industrial pattern for the south side of I -30. "C-4" is an appropriate classification for the suggested land use and staff supports the request. Over the years, the City has endorsed a blend of commercial and industrial by approving several "C-3," "C-4," and "I-2" reclassifications. ENGINEERING COMMENTS: 1. Floodway dedication. 2. Right-of-way and street improvements on the access road and County line Road (one-half of 90 feet) . 3. Detention and Excavation Ordinance requirements. 4. Traffic impact study due to impending access road change to one way. STAFF RECOMMENDATION: Staff recommends approval of the "C-4" rezoning request and "OS" for any of the established floodway. PLANNING COMMISSION ACTION: The applicant, William Sherman, was present. There were no objectors. Staff recommended that the item be deferred until a traffic study was completed. Mr. Sherman described the site and said the owner had no specific uses for the property at this time. He also did not object to deferring the rezoning request. There was a long discussion about the Otter Creek Land Use Plan and the need for a traffic study. Mr. Sherman made some additional comments and then requested the Commission to act on the rezoning. He also said that his client would be willing to meet with the City Engineer to discuss the traffic issues. A motion was made to recommend approval of "C-4" and "OS" for the floodway area which will also need to be dedicated to the City. The motion passed by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 8 - Z-4996 Owner: Sandra Perry Applicant: V. Ray Brown Location: 10,800 West 36th Request: Rezone from "R-2" to "C-3" Purpose: Commercial Size: 0.8 acres Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-2" South - Vacant and Single Family, Zoned "R-2" East - Vacant and Office Warehouse, Zoned "C-3" and "C-4" West - Single Family, Zoned "R-2" PLANNING CONSIDERATIONS: 1. The issue before the Planning Commission is to reclassify a tract of land located at Old Shackleford Road and West 36th from "R-2" to "C-3" for an unspecified commercial use. The area in question has a very mixed land use pattern which includes single family residences, institutional residential facilities, office warehouses, and some industrial. Also, to the south on Shackleford Road, there is a large mobile home park. Zoning in the immediate vicinity is "R-2," "PCD," "C-3," and "C-4." The property under consideration abuts the existing "C-3" and "C-4" along the east property line. There are also several nonconforming uses, an engine repair facility on Old Shackleford Road, a large office warehouse to the north of the existing "C-4" and an industrial plant on the south side of West 36th. Most of the existing nonresidential development is concentrated at Shackleford and West 36th as is the commercial zoning. 2. The site has one single family residence on it. April 5, 1988 Item No. 8 - Continued 3. Bowman Road is classified as a minor arterial on the Master Street Plan. A minor arterial requires a minimum right-of-way dedication of 80 feet, so dedication of additional riqht-of-way will be necessary. The future status of West 36th Street could change if an interchange is constructed with I-430, but no specifics will be known until a feasibility study is completed. 4. Engineering Reports: • Floodway dedication required if located on the property. • Right-of-way and street improvements on West 36th (one-half of 90 feet) and Old Shackleford Road (one-half of 60 feet). • Detention and Excavation Ordinance requirements. 5. There are no legal issues. 6. There is no documented history or neighborhood position on the plan. 7. The proposed "C-3" reclassification is in conflict with the adopted I-430 Plan, and staff does not support the rezoning request. In the latter part of 1987, the I-430 Plan was amended to change the recommended land use north of West 36th to the I-430/Shackleford Road interchange. (Other sites within the Planning District were also changed.) The amendment was done in response to the proposed Summit development, and the current plan identifies the area as a mix of office and commercial uses. In addition to the land use change, the plan now requires that a PUD be submitted when a reclassification is proposed for the land north of West 36th which includes 10,800 West 36th. The City's position is that a PUD is needed in this area to control access, address the topography of a site, and to ensure a quality development. Other factors that were considered when amending the plan, included the need to discourage the potential for a commercial strip and to avoid a total commercial project without any type of office mix. A PUD allows for a more thorough review of a proposal and better control of a development which is needed in the Shackleford Road /West 36th Street area. April 5, 1988 Item No. 8 - Continued STAFF RECOMMENDATION: Staff recommends denial of the "C-3" rezoning request. PLANNING COMMISSION ACTION: The applicant, Ray Brown, was present. There were no objectors. Mr. Brown described the area and said that the site in question adjoins a "C-3" parcel to the east. He told the Commission that the proposal was to combine the two tracts after the rezoning to ensure quality development, better traffic control, and to have more options available. Mr. Brown made a lengthy presentation about the property and the general area. There was a long discussion about "C-3" and the PUD process. Bill Putnam then spoke and offered a "C-2" reclassification with the site plan review as an option. He went on to discuss the "C-3" District and the Pheifer court case. Stephen Giles of the City Attorney's Office responded to Mr. Putnam's comments about the Pheifer case. "C-2" was again mentioned as a possible compromise, and staff voiced their opposition to a "C-2" rezoning. Additional comments were made by various individuals, and Mr. Brown then amended the application to "C-2." A motion was made to recommend approval of the "C-2" as amended subject to the following conditions: 1. The existing "C-3" tract and the proposed "C-2" site are to be replatted into one lot after the rezoning is approved; and 2. Site plan review will be required for the "C-2" and "C-3" areas after the two parcels are replatted and combined. The motion was approved by a vote of 8 ayes, 0 noes, 2 absent, and 1 abstention (Richard Massie). April 5, 1988 Item No. 9 - Z-4997 Owner: Public Enterprises Company Applicant: Floyd H. Fulkerson Location: Rock Creek Parkway (at Farris St.) Request: Rezone from "C-3" to "C-4" Purpose: Auto sales Size: 6.0 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and Multifamily, Zoned "R-5" and "O-3" South - Vacant, Zoned "O-3" East - Vacant, Zoned "C-3" West - Vacant, Zoned "C-3" NOTE: The applicant has submitted a letter requesting that the "C-4" application be withdrawn from consideration. The Planning Commission must vote to withdraw the item because the issue has been advertised for a public hearing. PLANNING COMMISSION ACTION: Staff reported that the applicant submitted a letter requesting that the item be withdrawn from consideration. A motion was made to withdraw the rezoning request. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 10 - Z-4998 Owner: Winrock Development Co. Applicant: Joe D. White Location: Bowman Road Request: Rezone from "R-2" to "MF-18" Purpose: Multifamily Size: 10.9 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, Zoned "R-2" NOTE: The applicant has requested that the item be deferred to the May 17, 1988, public hearing. The request was made at least five working days prior to the meeting as specified in the Planning Commission Bylaws. Staff supports the requested deferral. PLANNING COMMISSION ACTION: (April 5, 1988) A motion was made to defer the item to the May 17, 1988, meeting as requested by the applicant. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. April 5, 1988 Item No. 11 - Z -4999 Owner: Benjamin D. Fitzhugh Applicant: Same Location: 1111 South Schiller Request: Rezone from "R-4" to "O-3" Purpose: Office Size: 0.15 acres Existing Use: Single Family SURROUNDING LAND USE AND ZONING: North - Multifamily, Zoned "R-4" South - Single Family, Zoned "R-4" East - Single Family, Duplex, Zoned "R-4" West - Single Family, Zoned "R-4" PLANNING CONSIDERATIONS: 1. The owner of 1111 South Schiller is proposing to convert the existing structure on the property into an office, but to do this, he first must try to rezone the lot to an office classification, "O-3" in this instance. The immediate neighborhood is primarily residential with a mix of single family and multifamily units zoned "R-4" and "R-5." Other land uses are office, commercial, industrial, and a church. Zoning found in the area includes "O-3," "C-3," "C-4," and "I-2" with most of the existing nonresidential zoning located to the east of Summit Street. On the block bounded by Summit and Schiller, there is one "C-3" lot with a commercial use on it at the intersection of West 12th and Summit. West of Schiller, the residential zoning has been maintained over the years and has helped create a livable neighborhood. Based on the existing patterns, it appears that allowing a nonresidential zoning at the location under consideration is questionable. 2. The lot is 45' x 140' with a single residential structure on it. April 5, 1988 Item No. 11 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. Engineering reports that parking and access requirements must be met. 5. There are no legal issues. 6. There is no documented history or neighborhood position on the site. 7. In 1987, the City adopted a plan for the Central City Planning District, and the approved land use plan reinforces the existing residential zoning and does not endorse a nonresidential reclassification for the lot in question. The plan recognizes the existing office and commercial zoning pattern and restricts the nonresidential uses to an area east of Summit Street. During the public review of the plan, the residents of the neighborhood were very adamant about maintaining the residential character and not showing additional office and commercial expansion into this area or into the blocks around Central High. Approving an "O-3" reclassification at 1111 Schiller could have an adverse impact on the neighborhood and lead to other undesirable rezonings. STAFF RECOMMENDATION: Staff recommends denial of the "O-3" request as filed. PLANNING COMMISSION ACTION: The applicant, Benjamin Fitzhugh, was present. There were no objectors. Mr. Fitzhugh said that he was the owner of the property and plans to convert the entire residence into a law office. He said the neighbors supported the proposal and described the surrounding area. He indicated that there were nonresidential uses in place and a concentration of nonresidential zoning east of Summit Street. Mr. Fitzhugh said that the proposed office would not generate a lot of traffic and could only have a positive impact on the surrounding community. He also said that he wanted to relocate his office into an area where he could have more contact with people. After some additional comments by the Planning Commission, Mr. Fitzhugh asked that the rezoning be withdrawn without prejudice. A motion was made to withdraw the request without prejudice. The motion was approved by a vote of 9 ayes, 0 noes, and 2 absent. P L A N N I N G C O M M I S S I O N V 0 T E R E C O R D DATE ITEM NUMBERS 17^SITtt/l Cf1Dr%TYTTCT/ M MEMBER W. Riddick, III Room J. Schlereth MEN MEN T. Grace Jones eA� n MENEM F. Perkins mmomm w 4'l W " PT- rr [xr F► ft ii «/ W °AYE NAYF ABSENT ABSTAIN n April 5, 1988 There being no further business before the Commission, the meeting was adjourned at 2:30 p.m. Date Chairman Secretary