pc_01 12 1988LITTLE ROCK PLANNING COMMISSION
MINUTE RECORD
January 12, 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 December 1, 1987, meeting were
approved as mailed.
III. Members Present: David Jones
John Schlereth
Richard Massie
Jerilyn Nicholson
Stephen Leek
Martha Miller
Walter Riddick III
Fred Perkins
Bill Rector
Rose Collins
T. Grace Jones
Members Absent: None
City Attorney: Stephen Giles
January 12, 1988
Item No. A - Z-4885
Owner: L & S Concrete
Applicant: Charles T. Weaver
By: Doug Weaver
Location: County Line Road South of I-30
Request: Rezone from "R-2" to "I-3"
Purpose: Industrial
Size: 12.57 acres
Existing Use: Industrial
(Nonconforming)
SURROUNDING LAND USE AND ZONING:
North - Single Family and Vacant, Zoned "R-2"
South - Vacant, Zoned "R-2"
East - Vacant, Zoned "R-2"
West - Vacant, Unclassified (Saline County)
PLANNING CONSIDERATIONS:
1. The request is to rezone approximately 12.5 acres on
County Line Road from "R-2" to "I-3" for an existing
concrete plant. (The application was filed after the
owner received a notice from the City because of an
enforcement action.) The property is located north of
I -30 and in an area that is not heavily developed.
Across County Line Road and to the east and south, the
land is primarily vacant. Some of the land to the
south is a private park which is the City of Alexander.
To the north, there are several single family
residences on large lots adjacent to County Line Road.
The zoning is all "R-2" with the exception of an "R-7A"
tract to the southeast. In both the city of Alexander
and Saline County, there is no zoning.
2. The site is flat and occupied by equipment and
machinery necessary for the concrete operation. Along
the south boundary is Crooked Creek and all the
property is in the floodplain with about the southern
one -third in the floodway where most of the
improvements are located.
January 12, 1988
Item No. A - Continued
3. There are two possible Master Street Plan issues
associated with the request. County Line Road/the West
Belt is classified as a principal arterial so it
appears that dedication of additional right-of-way will
be required. Also, the Master Street Plan identifies a
proposed minor arterial connecting County Line Road/the
West Belt with County Line Road along the south line
between Pulaski and Saline County. The alignment shown
on the Master Street Plan appears to bisect a portion
of this property. This alignment is very general in
nature so it is somewhat difficult to judge its exact
impact on a site under consideration. Staff will work
with Engineering to clarify these matters prior to the
public hearing.
4. Engineering comments include:
• Floodway violation.
• Master Street Plan issue for minor arterial
through property.
• Detention ordinance requirements.
• Excavation Ordinance requirements.
• County Line Road (Alexander Road) right-of-way
dedication and street improvements: 1/2 of a 90'
right-of-way and 1/2 of a 48' street.
• Sidewalks, etc.
5. There is some uncertainty about the property's status
whether it is nonconforming or not. Also, it appears
that no permits have been obtained for any of the work
including the current expansion.
6. The property was annexed to the City in 1979, and the
use has been in operation since 1981 based on
information provided by the applicant.
7. The property in question is located in the Otter Creek
District Plan area which recommends a mixed
industrial /commercial pattern for the location. The
plan does not suggest any specific zoning
classification but states that "PCDs" are encouraged.
With this type of broad land use designation, staff
feels that the request is compatible with the plan and
supports an "I -3" reclassification for the property
which is outside the established floodway only. City
policy requires that the floodway be rezoned to "OS"
and dedicated to the City, but the normal procedure of
dedicating floodway lands could create a possible
hardship in this situation because most of the
improvements are located within the floodway. Crooked
January 12, 1988
Item No. A - Continued
Creek is not identified on the Master Parks Plan as
open space so it could be possible to utilize something
other than dedication to protect the floodway. Because
of this and several other concerns, staff feels that it
would be beneficial to delay on this request to give
the City and owner more time to resolve the various
issues.
STAFF RECOMMENDATION:
Staff recommends that the item be deferred to the
October 20, 1987, meeting.
PLANNING COMMISSION ACTION: (September 8, 1987)
Staff recommended that the item be deferred because of
several unresolved issues. A motion was made to defer the
request to the October 20, 1987, meeting. The motion was
approved by a vote of 11 ayes, 0 noes, and 0 absent.
PLANNING COMMISSION ACTION: (October 20, 1987)
Staff reported that the item needed to be deferred because
the floodway issue had not been adequately addressed. A
motion was made to defer the request to the December 1,
1987, meeting. The motion was approved by a vote of
11 ayes, 0 noes, and 0 absent.
PLANNING COMMISSION ACTION: (December 1, 1987)
Staff reported that the item needed to be deferred again and
the owner did not object to another deferral. A motion was
made to defer the request to the January 12, 1988, Planning
Commission Meeting. The motion was approved by vote of 10
ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (January 12, 1988)
The applicant was present. There were no objectors. Staff
recommended approval of the "I-3" request, subject to four
conditions concerning floodway dedications and other related
items being satisfied, prior to the Board of Directors
acting on the rezoning request. A motion was made to
recommend approval of "I-3" subject to four conditions being
met. The motion passed by a vote of 10 ayes, 0 noes and 1
absent.
January 12, 1988
Item No. B - Z-4103-A
Owner: University Properties, Inc., and
Bill Lusk
Applicant: John L. Burnett
Location: Broadmoor North Phase II
(Northmoor, Charlotte and Garfield
Drives)
Request: Rezone from "R-2" and "O-2" to
"O-3"
Purpose: Office
Size: 12.95 acres +
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING:
North - Vacant, Church, Office, and Commercial, Zoned
"R-2, "R-5," and "O-3"
South - Single Family, Zoned "R-2"
East - Church and Commercial, Zoned "R-2" and "C-3"
West - Single Family, Zoned "R-2" and "R-4"
PLANNING CONSIDERATIONS:
1. The proposal is to rezone 10.5 acres (12.9 acres
including the street right -of -way) in the Broadmoor
North Subdivision from "R-2" and "O-2" to "O-3" for
some type of office park development. No specific
plans have been submitted, so it is unknown how the
lots will be developed and /or marketed. Broadmoor
North is located to the southwest of the intersection
of West 12th and University Avenue. There are a total
of 45 lots included in this request, and none of them
have any direct relationship to either West 12th or
University Avenue which is critical to an office area
this size. Without access to a major street and having
to utilize residential streets for traffic circulation,
the proposed "O-3" rezoning is questionable. Also
without the high visibility gained from having some
frontage on a major street, the potential for this type
of land use to work is marginal at best. Another
factor that must be carefully considered when reviewing
this request is the desirability of allowing a
nonresidential rezoning to encroach into an established
single family neighborhood. When selecting
January 12, 1988
Item No. B - Continued
a viable office site, there are some basic criteria
that should be considered, and that does not appear to
be the case with this request.
2. There are 45 lots and two streets, Garfield and
Charlotte Drives, involved with this request. All the
lots are vacant, and the site is relatively flat. The
lots under consideration have frontage on either
Garfield or Charlotte.
3. There are no right -of -way requirements or Master Street
Plan issues associated with this request.
4. As of this writing, there have been no adverse comments
received from the reviewing agencies.
5. There is an apparent legal issue allied with this
rezoning and that is the Bill of Assurance for
Broadmoor North. The Bill of Assurance restricts the
land use to detached single family residences so it
appears that the Bill of Assurance will have to be
amended at some point, if the rezoning is granted. To
amend the Bill of Assurance, it takes 70 percent of the
property owners. Also, the Bill of Assurance requires
that the grantor's, Winrock Development Company,
approval must first be obtained before any amendment
can be made as long as the grantor owns any lots or
land in the subdivision. It is the staff's
understanding that Winrock still owns several lots
within the subdivision.
6. Originally, the area under consideration was part of
the University Park Urban Renewal Plan which was in
effect from 1964 to 1984 and expired in June 1984. The
Urban Renewal Plan also restricted use of the land to
detached single family units. The lots are now a part
of the Broadmoor North Subdivision which was approved
in the late 1970's. In October 1983, a rezoning
request from "R-2" and "C-3" to "MF-12," "O-2," and
"O-3" was filed for basically the same tract of land.
The first application included approximately 12 acres
and properties that have frontage on both West 12th and
University Avenue. The issue was deferred several
times, and the request which had been amended to "O-2"
for all the lots was finally heard by the Planning
Commission in May and June of 1984. At each of the
hearings, there were objectors from the area who
expressed concerns with traffic, property values, and
impacts on the residential neighborhood. After much
debate a modified proposal was approved for 5.2 acres
of "O-2," the existing zoning pattern. Winrock
Januray 12, 1988
Item No. B - Continued
Development Company was opposed to the 1984 rezoning
request.
7. Staff's position is that the proposed "O-3"
reclassification is inappropriate for the location and
does not support the request. Some of the major issues
have been presented in other sections, but there are a
number of other concerns.
- The appropriateness of filing an application for
nonresidential zoning on land that is restricted
to detached single family use.
- The request does not conform to the adopted Boyle
Park Plan which shows single family residential
for the lots.
- The possible encroachment of nonresidential uses
into a viable single family neighborhood.
- The request appears to be speculative in nature.
- Access is totally inadequate for the proposed
rezoning, and the use of residential streets is
undesirable.
The proposal is contrary to good land use and planning
because of various factors, and the "O-3"
reclassification could have a very adverse impact on
the neighborhood.
STAFF RECOMMENDATION:
Staff recommends denial of the "O-3" rezoning as requested.
PLANNING COMMISSION ACTION: (12-1-87)
The applicant was represented by Pete Hornibrook. There was
one objector in attendance. Staff reported to the
Commission that the applicant submitted a written request
for deferral, but it was received after the five working
days as required by the Planning Commission Bylaws. There
was some discussion about the request and the objector said
that he was not opposed to deferring the rezoning. A motion
was made to defer the request to the January 12, 1988,
meeting. The motion was approved by a vote of 11 ayes, 0
noes and 0 absent.
Januray 12, 1988
Item No.-B - Continued
PLANNING COMMISSION ACTION: (1-12-88)
Staff reported that the applicant had submitted a written
request for a 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.
January 12, 1988
Item No. C - 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
January 12, 1988
Item No. C - 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.
January 12, 1988
Item No. D - 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
January 12, 1988
Item No. D - 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.
January 12, 1988
Item No. 1 - Z-2204-A
Owner: John J. and Dorothy Nosal
Applicant: John J. Nosal
Location: 6015 Forbing Road
and 7314 Geyer Springs
Request: Rezone from "C-3" to "C-4"
Purpose: Boat Sales Lot
and Car Wash
Size: 1.35 acres
Existing Use: Vacant Building and Car Wash
SURROUNDING LAND USE AND ZONING:
North - Office and Commercial, Zoned "C-3" and "I-2"
South - Commercial, Zoned "C-3" and "I-2"
East - Commercial, Zoned "C-3"
West - Commercial, Zoned "I-2"
STAFF ANALYSIS:
The request is to rezone approximately 1.3 acres located at
the southwest corner of Geyer Springs Road and Forbing Road
from "C-3" to "C-4" to permit a boat sales lot. Some of the
lot is being used for boat display, so there is an
enforcement action on the site and that is why the rezoning
application was filed. There are two separate lots involved
with the one fronting Geyer Springs being the primary
location for the boat sales and other items such as fishing
gear and motors. The lot on Forbing Road has a car wash on
it which will remain. The Forbing Road site is included in
the request because the west 50 feet, a service easement,
will be utilized by the boat operation.
Zoning in the area includes "R-2," "R-5," "O-3," "C-3,"
"C-4," "I-2" and "PCD" so the proposed reclassification will
not have any impact on the existing pattern. The land use is
very similar to the zoning with some vacant "I -2" land to the
west. Based on the zoning and land use, the proposed "C-4"
rezoning is compatible with the area.
Engineering is requesting that access points on both Forbing
and Geyer Springs be coordinated with the City.
STAFF RECOMMENDATION:
Staff recommends approval of the "C-4" request as filed.
January 12, 1988
Item No. 1 - Continued
PLANNING COMMISSION ACTION: (1-12-88)
The applicant was present. There were no objectors. A
motion was made to recommend approval of the "C-4" request as
filed. The motion passed by a vote of 10 ayes, 0 noes and
1 absent.
January 12, 1988
Item No. 2 - Z-2722-A
Owner: Sportsman's Haven, Inc.
Applicant: Gordon Duckworth
Location: West 65th and South University
Request: Rezone from "C-3" and "I-2"
to " C-4 "
Purpose: Boat Sales and Service
Size: 2.0 acres
Existing Use: Boat Sales and Service
SURROUNDING LAND USE AND ZONING:
North - Commercial, Zoned "C-3"
South - Vacant and Single Family, Zoned "R-2" and "I-2"
East - Commercial, Zoned "I-2"
West - Single Family, Zoned "R-2"
STAFF ANALYSIS:
The issue before the Commission is to rezone the southwest
corner of West 65th and South University from "C-3" and "I-2"
to "C-4" to permit expansion of the existing boat sales and
service facility. Most of the property is zoned "C-3" which
does not permit boat sales and display so that is why the
application was filed. Only the eastern one-fourth of the
site is zoned "I-2."
The zoning along this segment of South University is a mix of
"C-3," "C-4" and "I-2." The "I-2" area is primarily
restricted to the east side of South University except for
the property under consieration. On the west side, the land
use includes auto sales lots and the sale of prefabricated
homes with open display. Adjacent to this tract on the south
and west, there are some single family residences zoned
"R-2." To the west of Mabelvale Pike, the zoning is "R-2"
with a well established single family area. There is an
exception to that pattern and that is a "PCD" for a funeral
home located north of West 65th. Because of the property's
location and existing zoning, staff feels that a "C-4"
reclassification is appropriate for the property.
Engineering has pointed out that some of the parking for the
property is a problem because of being located in the
right-of-way for South University. This parking is illegal
and should be moved to another location on the property on
the site. Also, no permanent open display is permitted in
the public right-of-way.
January 12, 1988
Item No. 2 - Continued
Two other development factors in the "C-4" district that the
owner needs to be aware of are:
1. There shall be no "Open Display" of any kind
whatsoever in the first 20' of the required front
yard setback.
2. A permanent opaque screen fence, wall or landscape
buffer, shall be provided along any site or rear
property line which abuts property zoned for
residential purposes.
STAFF RECOMMENDATION:
Staff recommends approval of the "C-4" request as filed.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant was present. There were no objectors in
attendance. A motion was made to recommend approval of the
"C-4" rezoning. The motion was approved by a vote of 10
ayes, 0 noes and 1 absent.
January 12, 1988
Item No. 3 - Z-3870-A
Owner: Vance Vermillion
Applicant: Same
Location: 8315 Mabelvale Cut-Off
Request: Rezone from "R-2" to "C-4"
Purpose: Auto Parts and Body Shop
Size: 2.0 acres
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING:
North - Single Family, Zoned "R-2"
South - Single Family, Zoned "R-2"
East - Single Family, Zoned "R-2"
West - Vacant, Zoned "R-2"
PLANNING CONSIDERATIONS:
1. The request is to rezone 8315 Mabelvale Cut -Off from
"R-2" to "C-4" to allow auto parts sales and a body
shop. The property is located approximately 1/2 mile
west of Chicot Road and in an area that is zoned "R-2,"
with the nearest nonresidential zoning found at the
intersection of Chicot and Mabelvale Cut-Off. Land use
is almost excusively single family, but there are
several nonresidential uses in the general area. They
are nonconforming and located on Mabelvale Cut-Off to
the east and Legion Hut Road to the south. There's also
some vacant land and a church. The immediate vicinity
can best be described as being residential, and it
appears that the proposed reclassification is
incompatible with the existing pattern.
2. The site is vacant and relatively flat.
3. There are no right-of-way requirements or Master Street
Plan issues associated with this request. Dedication of
additional right-of-way occurred with a previous action
on the property.
4. Engineering has indicated that street improvements will
be required for Mabelvale Cut-Off and Brimer Road. Also,
access will be a major problem because of the property's
location.
January 12, 1988
Item No. 3 - Continued
5. There are no legal issues.
6. There's no documented neighborhood position on the site.
The existing Conditional Use Permit was approved for a
small church, but it was never constructed.
7. Staff is opposed to the "C-4" request because it would
establish an undesirable spot zoning and could have an
adverse impact on the surrounding area. The immediate
neighborhood is all residential and a "C-4" rezoning
could create a number of problems for this type of
development pattern. Finally, the property cannot be
considered a viable commercial site because of its
location.
STAFF RECOMMENDATION:
Staff recommends denial of the "C-4" rezoning request.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant was not present when the item was first called.
There were 12 objectors in attendance. After some
discussion, the Commission deferred it to a later time in the
hearing to give the applicant some additional time. At
2 p.m. the Chairman brought the item back before the
Commission and the applicant was not present. Lee Snider,
representing the neighborhood, spoke against the rezoning and
presented 25 letters from residents who opposed the request
but were unable to attend the hearing. A motion was made to
recommend approval of the "C-4" rezoning. The vote was
0 ayes, 10 noes and 1 absent. The motion failed and the
request was denied.
January 12, 1988
Item No. 4 - Z-4805-A
Owner: Glen W. Buchanan
Applicant: Same
Location: 4919 Baseline Road
Request: Rezone from "R-2" to "C-3"
Purpose: Manufacturing/Mill Work
Size: 1.0 acres
Existing Use: Mill Work
SURROUNDING LAND USE AND ZONING:
North - Commercial, Zoned "R-2"
South - Church, Zoned "R-2"
East - Single Family, Zoned "R-2"
West - Commercial, Zoned "R-2"
STAFF ANALYSIS:
In May of this year the owner, Glen Buchanan, applied for an
"I -2" rezoning for the same property. Mr. Buchanan sought
the rezoning change because he operates a manufacturing/mill
work business which in nonconforming, because of the existing
"R-2" zoning. The request was denied by both the Planning
Commission and the Board of Directors. Staff recommended
denial of the "I-2" request because of being in conflict with
the adopted Geyer Springs East District Plan. The land use
plan recommends a commercial strip along this portion of
Baseline.
During the Planning Commission Hearing in May, there was a
lengthy discussion about the exact nature of Mr. Buchanan's
use and a possible "C-3" rezoning. At one point, a motion
was offered to defer action on the rezoning request and refer
the use question to the Board of Adjustment. No action was
taken on the motion, and the Commission finally voted on the
"I-2" rezoning at the request of Mr. Buchanan. (Between the
Planning Commission Hearing and the Board of Directors'
meeting, Mr. Buchanan provided staff a written description of
his use and it was determined that it falls under the "I-2"
district and not "C-3" as "woodworking.") Mr. Buchanan is
now requesting a "C-3" reclassification to be in conformance
with the plan and receive the City's approval. The current
use will still remain nonconforming even with the "C-3"
change.
January 12, 1988
Item No. 4 - Continued
Baseline Road is classified as a principle arterial so
additional right -of -way will be required because the existing
right-of-way is substandard. Engineering is recommending a
right-of-way of 100' or 50' from the centerline on both
sides.
STAFF RECOMMENDATION:
Staff recommends approval of the "C-3" request as filed.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant was present. There were no objectors. A
motion was made to recommend approval of "C-3," subject to
the necessary right -of -way for Baseline Road being dedicated.
The motion passed by a vote of 10 ayes, 0 noes and 1 absent.
January 12, 1988
Item No. 5 - Z -4940
Owner: Robert 0. Smith, Jr.
Applicant: John Collins Rogers
Location: Vimy Ridge Road and County Line Road
Request: Rezone from "R-2" to "C-3" and "I-2"
Purpose: Commercial and Industrial
Size: 9.18 acres
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING:
North - Vacant and Single Family, Zoned "R-2"
South - Vacant and Single Family (Saline County)
East - Vacant, Zoned "R-2" and "C-1"
West - Vacant, Zoned "R-2"
PLANNING CONSIDERATIONS:
1. The proposal is to rezone a nine acre tract to "C-3" and
"I-2" for unspecified commercial and industrial uses.
Should the rezoning request be granted, the property would
be divided equally between the "C-3" and the "I-2."
Existing development in the area is single family
residential with a majority of the structures in two
fairly new subdivisions, but there are some houses on
large, unplatted tracts. Also, there is a new elementary
school under construction to the southeast in Saline
County. A high percentage of land is still vacant
especially to the south and west. Zoning in the immediate
vicinity includes "R-2," "MF-6," "C-1" and "I-2" with the
"MF-6" and "C-1" tracts undeveloped. The existing "I-2"
land located to the northeast is part of a very large
industrial area that extends to I-30 and should be able to
accommodate any real industrial growth for the next
several years. The need for more commercial land can also
be questioned because the existing "C-1" site is vacant
and was rezoned three or four years ago.
2. The site is vacant.
3. Both Vimy Ridge Road and County Line Road are classified
as minor arterials, so dedication of additional
right-of-way will be required. Engineering will have to
determine the amount of dedication because of being
located at an intersection.
January 12, 1988
Item No. 5 - Continued
4. Engineering is requiring right-of-way dedication and
street improvements for the two minor arterials. There is
a creek that goes through some of the property so an
independent study will have to be undertaken to determine
the floodway and floodplain. This is necessary because
the stream has not been part of any public study.
5. There are no legal issues.
6. There is no documented history on the site. On
December 21, 1987, the City of Shannon Hills Planning
Commission voted to oppose the request because of
potential problems from the "C-3" and "I-2"
reclassifications and impacts on the single family areas.
Shannon Hills is located directly to the south and the
land is zoned "R-1" single family. Staff has received one
call in opposition to the request.
7. The property in question is part of the Otter Creek
District Plan area which recommends a mixed residential
pattern for the west side of Vimy Ridge from County Line
to Alexander. The proposed rezonings are in conflict with
the adopted plan and staff does not support the request.
Both the "I-2" and "C-3" could have an impact on the area,
especially, the two new subdivisions to the north and
east. An "I-2" rezoning at this location could adversely
affect any future residential growth and encourage a
substandard development pattern. Also, the need for
additional "I-2" land has not been justified with this
request. Commerical services can be provided by the
existing commercial properties including areas in the
Shannon Hills community.
STAFF RECOMMENDATION:
Staff recommends denial of the "C-3" and "I-2" rezoning
request.
January 12, 1988
Item No. 5 - Continued
PLANNING COMMISSION ACTION: (1-12-88)
The applicant, John C. Rogers, was present. There were ten
objectors in attendance. Mr. Rogers addressed the
Commission and amended the request to "C-2" for the entire
tract, 9.1 acres. Staff indicated their opposition to the "C-2"
rezoning because of several factors including the adopted Otter
Creek District Plan. Mr. Rogers then continued his presentation
by describing the existing zoning and street conditions in the
area. He went on to say that the owners were proposing an
office/commercial development that would probably include a
convenience store. A.C. Dean of Vimy Ridge Road spoke in
opposition to the rezoning and said he was representing the
objectors present and residents of the Irish Springs
Subdivision. He then submitted a petition from the area opposed
to the rezoning. Mr. Dean described the area and said it was
developing as single family because of two new subdivisions. He
told the Commission that the rezoning would create traffic
problems and that the area should remain "R-2" Single Family.
There was a long discussion about a number of items including
the Otter Creek Plan. Mr. Rogers spoke again and said that
single family appears to be an unreasonable use for the
property. Several Commissioners indicated that Mr. Rogers
should consider deferring or withdrawing the request.
Mr. Rogers then asked that the amended "C-2" rezoning request be
withdrawn from consideration. A motion was made to withdraw the
item as requested. The motion was approved by a vote of 11
ayes, 0 noes and 0 absent.
January 12, 1988
Item No. 6 - Z-4945
Owner: Unity Missionary Baptist Church
Applicant: Mark S. Guinee
Location: 1223 South Garfield
Request: Rezone from "R-2" and "R-5" to "O-3"
Purpose: Church - Future Expansion
Size: 2.8 acres
Existing Use: Vacant and Church
SURROUNDING LAND USE AND ZONING:
North - Single Family and Commercial, Zoned "R-5" and
"C-3"
South - Vacant, Zoned "R-2"
East - Commercial, Zoned "C-3"
West - Vacant and Commercial, Zoned "R-2" and "O-3"
PLANNING CONSIDERATIONS:
1. The proposal before the Commission is to rezone two
tracts to "O-3" for an existing church to accommodate
future expansion plans. The church facility is located
on the South Garfield site and the property that fronts
West 12th is currently vacant, but the church does use
it for parking. An "O-3" request was filed because a
church is permitted by right in this office district,
and the church does not want to put itself in a
position of applying for a Conditional Use Permit
every time any new construction is proposed. Zoning in
the area includes "R-2," "R -4," "O-2," "O-3" and "C-3"
with the two parcels abutting "R-2," "O-3" and "C-3."
The West 12th and University intersection is heavily
built up with office and commercial development.
Directly to the south and east is the Broadmoor North
Subdivision, with the lots closest to the sites under
consideration vacant. The developed lots in Broadmoor
North are located along Cleveland and at the southern
ends of Charlotte and South Garfield. To the north,
there is a well established single family neighborhood
that is almost completely developed. Another
significant land use in the immediate vicinity is a
major recreation complex located to the west of
Cleveland Street. This area includes a public park and
several quasi-public facilities.
January 12, 1988
Item No. 6 - Continued
2. The site on West 12th is vacant and the property on
South Garfield is the location of the existing church
facility.
3. Based on the current Master Street Plan, there are no
right-of-way requirements or plan issues.
4. Engineering has requested that there be only one access
point on West 12th. Also, Engineering has indicated
that possible right-of-way dedication and street
improvements will be necessary because of the proposed
University Avenue project which is still being
designed.
5. There are no legal issues.
6. There is no documented neighborhood position on the
site. Both parcels were involved with previous
rezoning and Board of Adjustment actions a number of
years ago.
7. This area is part of the Boyle Park District Plan which
recommends a nonresidential pattern for properties
along West 12th and University with single family
residential uses to the south and west. Based on this
land use concept, staff supports the "O-3"
reclassification for the site on West 12th, but not for
the church property on South Garfield. This position
is consistent with other rezoning proposals in the area
including Item B, Z-4103-A, on this agenda. Staff
feels that the "R-2" zoning within the Broadmoor North
Subdivision needs to be maintained to protect the
existing developed residential lots. The existing
"O-2" zoning within the subdivision is totally
inappropriate and should have never been granted. An
"O-3" reclassification is not necessary for the church
to expand because that can be accomplished through the
Conditional Use Permit process.
STAFF RECOMMENDATION:
Staff recommends approval of "O-3" for the property with
frontage on West 12th and denial of "O-3" for the tract on
South Garfield.
January 12, 1988
Item No. 6 - Continued
PLANNING COMMISSION ACTION: (1-12-88)
The applicant, Mark Guinee, was present. There were no
objectors. Mr. Guinee described the property and said the
"O-3" request was filed because the church wants a
classification that allows a church by right. He also said
the church felt it would not be beneficial to go through the
Conditional Use Permit process each time an expansion was
proposed. At this point, Mr. Guinee read a prepared
statement that explained the church's position in detail.
There was a long discussion about various issues. David
Ward, Minister of the church, addressed the Commission and
said the church has been at its current location since 1954,
and there were no plans to move. Mr. Ward said one of the
primary reasons for the rezoning request was to simplify the
process for future development. Additional comments were
then offered by both Mr. Guinee and Mr. Ward. There was
some discussion about the possibility of acting on the West
12th Street site and deferring action on the South Garfield
property. Mr. Ward then agreed to split the request by
deferring the South Garfield site. A motion was made to
recommend approval of the "O-3" rezoning for the property on
West 12th Street and defer the "O-3" request for the tract
of land on South Garfield to the February 23, 1988, hearing.
The motion passed by a vote of 10 ayes, 0 noes and 1 absent.
January 12, 1988
Item No. 7 - Z-4946
Owner: Lloyd Sullinger
Applicant: Same
Location: 10118 and 10120 Colonel Glenn Road
Request: Rezone from "R-2" to "I-2"
Purpose: Industrial
Size: 6.5 acres
Existing Use: Industrial
SURROUNDING LAND USE AND ZONING:
North - Vacant, Zoned "R-2"
South - Industrial, Zoned "R-2"
East - Vacant and Single Family, Zoned "R-2"
West - Vacant and Single Family, Zoned "R-2"
STAFF ANALYSIS:
This site is part of the I-430 District Plan area and in
December of this year, the City amended the plan. The
amendments involved land found primarily along I-430 and
Shackleford Road, but some changes were also made to
properties on Colonel Glenn Road. Plan modifications for
the Colonel Glenn Road area expanded the industrial area to
include the property under consideration. The industrial
area now extends to a floodway located to the east. The
proposal is to rezone 10118 and 10120 Colonel Glenn from
"R-2" to "I-2" so the request conforms to the amended plan.
Colonel Glenn Road is identified as the principle arterial
on the Master Street Plan. Additional dedication of
right-of-way will be required to provide a right-of-way of
at least 45' from the centerline. Also, Engineering reports
that street improvements will be required.
STAFF RECOMMENDATION:
Staff recommends approval of the "I-2" request as filed.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant was present. There were no objectors. A
motion was made to recommend approval of the "I-2" rezoning,
subject to the necessary right -of -way dedication for Colonel
Glenn Road. The motion was approved. The vote: 10 ayes,
0 noes and 1 absent.
January 12, 1988
Item No. 8 - Z-4957
Owner: Nina Grace Barrett
Applicant: Everett L. Martin
Location: 1407 Cantrell Road
Request: Rezone from "O-3" to "R-2"
Purpose: Single Family
Size: 0.33 acres
Existing Use: Single Family
SURROUNDING LAND USE AND ZONING:
North - Vacant Building and Hospital, Zoned "O-3"
South - Industrial, Zoned "I-2"
East - Residential, Zoned "O-3"
West - Residential, Zoned "O-3"
STAFF ANALYSIS:
The request is to rezone a single lot on Cantrell Road from
"O-3" to "R-2." The property is occupied by a single family
residence, a nonconforming use, and because of this status a
prospective buyer has had some difficulty obtaining
financing. With the nonconforming status, the residential
structure could not be rebuilt if it was ever destroyed, and
this is the main problem.
After reviewing the request, staff's position is that an
"O-1" reclassification is more appropriate for the location.
The "O-1" district permits single family residences by right
and would also maintain the mixed use character of the area.
If, in the future, someone wanted to convert the structure
into an office use, it could be accomplished without a
rezoning change should the "O-1" request be granted.
STAFF RECOMMENDATION:
Staff recommends approval of "O-1" and not "R-2" as
requested.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant was present and amended the request to "O-1"
as suggested by the staff. There were no objectors. A
motion was made to recommend approval of "O-1" as amended.
The motion passed by a vote of 10 ayes, 0 noes and 1 absent.
January 12, 1988
Item No. 9 - Z-4958
Owner: H.M. Mitchell, Trustee
Applicant: Maury Mitchell
Location: Kanis Road (At the future extension
of Parkway Place Drive)
Request: Rezone from "R-2" to "C-1"
Purpose: Commercial
Size: 4.6 acres
Existing Use: Vacant
SURROUNDING LAND USE AND ZONING:
North - Vacant, Zoned "R-2"
South - Single Family, Zoned "R-2"
East - Vacant, Zoned "R-2"
West - Single Family, Zoned "R-2"
PLANNING CONSIDERATIONS:
1. The request is to rezone a 4.6 acre tract to "C-1" for
future commercial development. The proposal is to
subdivide the property into four lots with the
extension of Parkway Place Drive bisecting the land.
(The plat, Cedar Ridge Commercial, is on this agenda as
Item No. 9A). It is the staff's understanding that a
convenience store with gas pumps is proposed for one of
the lots. Even if the "C-1" rezoning is approved, the
convenience store development would require additional
approval because it is only a Conditional Use in the
"C-1" district. The surrounding area is zoned "R-2"
with the primary land use being single family
residential. In the immediate vicinity there is also a
church and one or two small nonconforming uses located
on the south side of Kanis. Some of the land is still
undeveloped including land directly to the north, but
that property is part of a residential plat; the
extension of the Cedar Ridge Subdivision. If all the
necessary requests are approved, single family lots
would abut the commercial tracts, which is not the most
desirable situation.
2. The site is vacant and relatively flat.
January 12, 1988
Item No. 9 - Continued
3. Kanis is classified as a minor arterial, so additional
dedication will be required. Parkway Place Drive is a
collector which requires a right-of-way of 60'.
4. Right-of-way dedication and street improvements are
required.
5. There are no legal issues.
6. There is no documented neighborhood position. The
property was annexed to the City in 1985.
7. As part of the Upper Rock Creek District Plan, this
segment of Kanis is identified as a "Transition Zone."
The Transition Zone was established along a two
mile segment of Kanis Road to deal with the mixed
nature of single family and nonconforming
nonresidential uses already existing in the area.
The plan recognizes that market pressures for more
intensive uses will occur in this area; and,
furthermore, that single family residential
development is unlikely due to the existing
scattered noncompatible uses. The plan stipulates
that redevelopment which occurs within these areas
should be limited to office, office warehousing
and multifamily residential uses only. The
development criteria listed below are to be used
as guidelines for development of the Transition
Zone along Kanis Road. These guidelines will
assist in achieving the objectives of the plan,
and variances should not be granted unless extreme
hardship situations are indicated due to specific
individual property constraints.
INTENSITY OF USE
Office - maximum floor area ratio of 0.2
Warehousing - building coverage not to exceed
30 percent of site
Multifamily - ten dwelling units per acre
maximum
TRAFFIC/CIRCULATION
Curb cuts - maximum of one per 300'
Access where feasible from side streets
January 12, 1988
Item No. 9 - Continued
OTHER CRITERIA
Minimum 1.5 acre site size
Requires PUD submission
Building setback - 125' from centerline of
Kanis Road
Twenty-five feet landscape corridor along front
property line
The proposed "C-1" reclassification is contrary to one
of the plan's basic concepts, the Transition Zone, and
staff does not support the rezoning. In the Upper Rock
Creek area, a major goal or plan is to discourage
commercial strips and to concentrate commercial
development at major intersections of arterial streets.
The proposal before the Commission goes directly
against the plan's goal and could lead to the stripping
out of Kanis Road. To the east on Kanis, there are
several acres of vacant commercial land so it appears
that there is not a real need for additional commercial
property. Approval of this "C-1" rezoning would create
a spot zoning that could adversely impact the
surrounding residential uses.
STAFF RECOMMENDATION:
The staff recommends denial of the "C-1" rezoning request.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant, Maury Mitchell, was present. There were no
objectors. Mr. Mitchell reviewed the history of the site
and said a total of 30 acres were originally under the same
ownership, but several years ago 20 acres were sold to the
Winrock Development Company for a single family
subdivision. He went on to say that Winrock now wants to
buy an additional five acres, subject to the land with the
Kanis Road frontage being rezoned to "C-1." Mr. Mitchell
told the Commission there would be no gas pumps, and the
site was a reasonable neighborhood commercial location
because of being situated at a future intersection. He
also said Winrock supports "C-1" type uses for the property
and the "C-1" reclassification was appropriate.
Mr. Mitchell then reviewed the recommended uses for the
"transition zone" and said the proposed request was more
desirable. The Planning Commission discussed the
"transition zone" concept and said a PUD was needed for the
site. Mr. Mitchell made more comments and said a PUD could
create some problems. Additional comments were offered by
several individuals, including Chairman Jones.
January 12, 1988
Item No. 9 - Continued
Mr. Mitchell then requested that the "C-1" rezoning be
withdrawn without prejudice. A motion was made to withdraw
the item without prejudice. The motion was approved by a
vote of 10 ayes, 0 noes and 1 absent.
January 12, 1988
SUBDIVISIONS
Item No. 9A
NAME: Cedar Ridge Commercial
LOCATION: North of Kanis, approximately
300' east of Asbury Road
DEVELOPER:
Kanix Properties Trust
H. Maurice Mitchell
Trustee
c/o White - Daters & Assoc.
ENGINEER:
White - Daters Associates
401 Victory
Little Rock, AR 72201
Phone: 374-1666
AREA: 4.68 acres NO. OF LOTS: 4 FT. NEW STREET: 250'
ZONING: "R-2"
PROPOSED USE: Commercial /Office
A. Proposal /Request
(1) To plat 4.68 acres into four lots and 250' of new
street for commercial/office use.
B. Existing Conditions
This site is located in an area that is developed as
rural single family. New single family development is
also occurring in this area.
C. Issues/Legal/Technical/Design
(1) Commercial platting of these tracts does not
indicate a commitment to commercial zoning, since
rezoning from single family to commercial has not
been approved by the Planning Commission.
D. Engineering Comments
(1) Limit access of Lots B and C to Parkway Place.
E. Staff Recommendation
Approval, subject to the comments that have been made.
January 12, 1988
SUBDIVISIONS
Item No. 9A - Continued
SUBDIVISION COMMITTEE REVIEW:
The applicant explained that the commercial area to the
north was in the transitional zone and all uses would comply
with that plan. Each project would be submitted as PUD with
a minimum of two acres.
PLANNING COMMISSION ACTION:
Staff recommended denial, subject to redesign of the lots to
protect the single family lots from the commercial lots, the
recombination of the two commercial lots into one and no
platting of building lines. The reason for the negative
recommendation was due to the fact that commercial rezoning
would be contrary to the land use plan and lead to strip
commercial zoning.
The Applicant admitted that this plat was premature and
asked that it be deferred until after rezoning for "C-1" is
applied for.
A motion for deferral to January 12 was made and passed by a
vote of 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant, Maury Mitchell, was present. There were no
objectors. Mr. Mitchell requested the item be withdrawn
without prejudice. A motion was made to withdraw the issue
from consideration without prejudice. The motion was
approved by a vote of 10 ayes, 0 noes and 1 absent.
January 12, 1988
SUBDIVISIONS
Item No. 9B
NAME: Cedar Ridge IV
LOCATION: Kanis and Asbury Roads
DEVELOPER:
Winrock Dev. Co., Inc.
P.O. Box 8080
Little Rock, AR 72203
Phone: 663-5340
ENGINEER:
White-Daters and Assoc., Inc.
401 Victory Street
Little Rock, AR 72201
Phone: 374-1666
AREA: 16.24 acres NO. OF LOTS: 55 FT. NEW STREET: 2,350
ZONING: "R-2"
PROPOSED USE: Single Family
A. Proposal /Request
(1) The platting of 16.24 acres into 55 lots and
2,350' of new street for single family use.
B. Existing Conditions
This site is located in an area that is developed with
single family uses. The site is wooded with elevation
ranges from 440' to 540'.
C. Issues/Technical/Legal/Design
(1) Specify revisions to this plat in cover letter.
(2) Eliminate notation showing southern area of the
plat as a commercial subdivision. No commitment
to commercial is made at this time.
D. Engineering Comments
None at this time.
E. Staff Recommendation
Deferral until comments addressed.
January 12, 1988
SUBDIVISIONS
Item No. 9B - Continued
SUBDIVISION COMMITTEE REVIEW:
The applicant explained that the revisions included adding a
street and extending Parkway Place and an increase in lots.
He was asked to show phase lines and street names.
PLANNING COMMISSION ACTION:
The main issues discussed concerned the platting of single
family lots next to proposed commercial area on the
abutting plat. Staff identified Lot 48 as being poor
planning since it was creating a bad lot relationship
between the single family and the commercial lots. Staff
agreed that a "PUD" could control points of ingress, egress
and buffering.
A motion was made and passed for deferral of Lots 25 through
29 and Lots 38 through 48 (south 10 acres) until the January
12, Planning Commission Meeting. The vote was 10 ayes, 0
noes and 1 absent.
A motion was made and passed for approval of the remainder
of the plat, subject to a 30 -foot building line on Parkway
Place Drive. The vote: 10 ayes, 0 noes and 1 absent.
PLANNING COMMISSION ACTION: (1-12-88)
Staff presented a recommendation of approval subject to a
building line being placed 70 feet south of the north line
of Lot 29 and a building line being placed 30 feet off
Parkway Place Drive on Lot 48 and subject to an
understanding that additional buffering would be required on
the plat to the south. The applicant indicated that the
building line setbacks proposed by staff were satisfactory
to him. Maury Mitchell, the seller of the property,
indicated that it was alright to go ahead with action on the
subdivision. Sale of the property to the applicant, Winrock
Development Company, is covered by a sales contract.
On motion duly seconded, the subdivision was approved
subject to the staff's recommendation. The vote was 10
ayes, 0 noes, and 1 absent.
January 12, 1988
Item No. 10 - Z-4959
Owner: Trustees of the First United
Methodist Church of Little Rock
Applicant: Dan R. Robinson II
Location: Griffin Road
Request: Rezone from "R-2" to "C-3"
Purpose: Commercial
Size: 2.27 acres
Existing Use: Vacant Building
SURROUNDING LAND USE AND ZONING:
North - Church, Zoned "R-2"
South - Vacant, Zoned "C-3"
East - Vacant, Zoned "C-3"
West - School, Zoned "R-2"
PLANNING CONSIDERATIONS:
1. The issue before the Commission is to rezone a tract of
land on Griffin Road from "R-2" to "C-3" for an
unspecified commercial use. Griffin Road is a very
short street that intersects Fourche Dam Pike north of
I-440 and terminates at Badgett School. The
surrounding area's land use include single family,
commercial, a church and a public school. Also, some
of the land in the immediate vicinity is still
undeveloped. Zoning in the area is a mix of "R-2,"
"C-3" and "I-2" with the property in question abutting
"C -3" on the east and south sides.
2. The site is occupied by a single building that is
currently vacant and there is a substantial gas
pipeline right-of-way on the west side of the property.
3. There are no right-of-way requirements or Master Street
Plan issues associated with this request.
4. Engineering reports that 1/2 street improvements will
be required for a 27 -foot street. Also, at the time of
occupancy of the property, a 20-foot paved driving
surface to Fourche Dam Pike will be needed.
5. There are no legal issues.
January 12, 1988
PLANNING HEARING
Item No. 10 - Continued
6. There is no documented neighborhood position on the
site. In the past, a small church occupied the
property.
7. In 1984, the City adopted the East River Island Plan
which recommended a public/quasi-public land use for
the property in question because of the church. Since
that time, the church has vacated the site and now it
appears that a nonresidential classification for the
property is a reasonable option. The site abuts "C-3"
zoning on two sides and staff basically supports the
concept of expanding the commercial zoning to include
this property. One concern that staff does have is the
possible impact from the "C-3" reclassification on the
adjoining school. To minimize the potential for
problems, a 50-foot "OS" strip should be rezoned along
the west boundary of the property in question.
STAFF RECOMMENDATION
Staff recommends approval of "C-3" with a 50-foot "OS" strip
on the west side of the property.
PLANNING COMMISSION ACTION: (1-12-88)
The applicant, Dan Robinson, was present. There were no
objectors. Mr. Robinson discussed the request and said
there was no opposition from the area. He went on to
describe the area and said the property has a large pipe
line right -of -way on the west side that could never be
constructed on. Because of the right-of-way, Mr. Robinson
asked that the "C-3" request be approved without the "OS"
area as recommended by the staff. Mr. Robinson said the
"OS" area would serve no purpose because there was adequate
separation between the school building and church structure.
There were additional comments offered by staff and
Mr. Robinson. A motion was made to recommend approval of
the "C-3" request as filed without the 50-foot "OS" strip.
The motion passed by a vote of 10 ayes, 0 noes and 1 absent.
January 12, 1988
Item No. 11 - Z-4960
Owner: City of Little Rock
Applicant: City of Little Rock
By: Bill Reimer
Location: 1720 Izard Street
Request: Rezone from "R-6" to "R-4"
Purpose: Single Family
Size: 0.10 acres
Existing Use: Vacant Lot
SURROUNDING LAND USE AND ZONING:
North - Single Family, Zoned "R-6"
South - Vacant, Zoned "R-4"
East - Single Family, Zoned "R-4"
West - Parking, Zoned "R-6"
STAFF ANALYSIS:
The lot in question is owned by the City of Little Rock and
the proposal is to construct a single family residence as
part of the City's Affordable Housing Program. The land and
house will be sold to an individual upon completion of the
structure. To accomplish this, the property must be rezoned
because "R-6" High-Rise Apartment district does not permit
single family residences. "R-4" was selected because it is
compatible with the neighborhood and permits single family
residences. The existing "R-6" zoning was approved as part
of the Urban Renewal Program for the area.
STAFF RECOMMENDATION:
Staff recommends approval of the "R-4" request as filed.
PLANNING COMMISSION ACTION:
The applicant, the City of Little Rock, was represented by
Bill Reimer. There were two objectors in attendance.
Mr. Reimer spoke and said that the City has owned the lot
for 15 to 16 years and it has been offered for sale on
several occasions. He went on to describe the City's
Affordable Housing Program and that the City has a
prospective buyer for the lot. Varnell Norman, 1718 Izard,
spoke in opposition to the "R-4" rezoning, and said that the
proposed house would changed the character of the
neighborhood.
January 12, 1988
PLANNING HEARING
Item No. 11 - Continued
Mr. Norman told the Commission that he has maintained the
lot over the years and is interested in buying the property.
He also discussed the area and the size of the lot under
consideration. Mr. Norman said that he has attempted to
purchase the lot in the past and that placing a house on the
site could create a safety problem for other residents in
the neighborhood. Elbert Scoggins, 1801 South Chester,
spoke against the rezoning and said that he tried to buy the
lot in 1966. Mr. Reimer addressed the Commission again and
explained the process of selecting the lots for the program.
Mr. Norman made additional comments and expressed concerns
with the lot size. There was a long discussion about the
various issues including the possibility of deferring the
request. After some additional comments, the Public Hearing
was closed by the Chairman. There was another lengthy
discussion by the Commission and they were reminded that the
issue before them was to rezone the lot from "R-6" to "R-4."
A motion was made to defer the item for two weeks to the
January 26 meeting and that the additional time be used by
the various parties to discuss the possible sale of the lot.
The motion was approved by a vote of 10 ayes, 0 noes and 1
absent.
January 12, 1988
PLANNING HEARING
Item No. 12 Ordinance Amendment Relating to Dedications and
Conditions upon Rezoning o Land
The purpose of this ordinance is to formalize the procedure
of the Board of Directors requiring dedication of street
right-of-way and floodway property prior to the Board acting
upon a rezoning request (see attached copy). The Ordinance
was prepared at the request of the City Attorney's Office
which has recommended that the Board's policy be placed in
ordinance form. The request stems from a recent court case
where the dedication requirements were challenged.
Placement of the policy into ordinance form will strengthen
the City's position in any future court cases.
The Ordinance includes language that reflects the proper
legal approach to requiring dedications, that being a
condition upon the rezoning of property. The language also
provides an ordinance basis for any other conditions that
the Board may impose, such as building height. The City
Attorney's Office has indicated they believe that
conditional zoning would be upheld in the State of Arkansas,
although it has not been specifically tested.
STAFF RECOMMENDATION:
Staff recommends approval of the Ordinance as written.
PLANNING COMMISSION ACTION: (1-12-88)
There was brief discussion and the Planning Commission voted
to recommend approval of the proposed ordinance amendment.
The vote was 10 ayes, 0 noes and 1 absent.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 4-101
OF CHAPTER 43 OF THE CODE OF
ORDINANCES, BEING THE ZONING
ORDINANCE AMENDMENT PROVISIONS,
RELATING TO DEDICATIONS AND
CONDITIONS UPON REZONING OF LAND.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That Subsection (e) of Section 4-101 of Chapter
43 of the Code of Ordinances, being the Zoning Ordinance of the
City of Little Rock, enacted January 1, 1980, as amended, is
hereby amended by adding thereto a new paragraph 4 reading as
follows:
4.The Board of Directors may require, as
a condition of rezoning, the reasonable
dedication of land for public street or
floodway purposes, based upon the land use
or master plan elements currently in
effect at the time of said rezoning, or
may require other conditions necessary to
protect and promote the health, safety and
welfare of its citizens.
SECTION 2. All prior ordinances or parts of ordinances,
inconsistent with this ordinance are hereby repealed to the extent
of their inconsistency with this ordinance.
PASSED:
ATTEST: APPROVED:
1 APPROVED AS TO FORM:
2
3
4 MARK STODOLA, CITY ATTORNEY
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
DATE (//d,P
ZONING
MEMBER
W.Riddick, III
J.Schlereth
R.Massie
M.Miller
J.Nicholson
w.Rector
S._Leek
T·. Grace Jones
0.J. Jones
R.Collins
F.Perkins
✓AYE @NAYE
P L A N N I N G C O M M I S S I O N
V O T E R E C O R D
ITEM NUMBERS
SUBDIVISION ff A c_ D I :J-3 l/-:5 to 7 9 q 9ft
V V V V V V v V V V � V V v-
v v v V V v // I/ I/ V 1,/ L,/' V (/
V 1,,-v V V' V ✓ V V v--'-"' /;""' l.,,/ ;/ ., V V V v V v v J� I.,,""' V' I,,/' � t,,,'
t/ I./' V I/ V v V V v �� J/' v V
V-V v V V V V V v V v V V V .. V IV t/ I/ V V V V V' v V' � t,/ i.,----
A-Ir fr ;1--Ir k V ti V, t/ A--I+ 1,./"' V
V V {/ V t,..," V -v V v L,/ � v-I:-"t../
V V V V v v t/ M � V � V, I/ V
v v V 1/V ,_,,, v ,.,.,, v V v V v
l_, ' , , � = �.. I
AADSENT �ABSTAIN
913 /0
v v
J.,..,-""' V
{./' v'
v--J.--"'
V' . l,/'
V v
;,,,,----L---
V v
'--' V
V.V"
V v
�
// 112
V -v
� V
V V
V
� I,/'
v--z.--
-z._;..-(.....-
,.,,...,..,. ft
V v'
L,...,, V
V ✓ -
January 12, 1988
There being no further business before the Commission, the
meeting was adjorned at 3:30 p.m.
Date
Chairman Secretary