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
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T. Grace Jones
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MENEM
F. Perkins
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April 5, 1988
There being no further business before the Commission, the
meeting was adjourned at 2:30 p.m.
Date
Chairman Secretary