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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