Z-5653 Staff AnalysisMarch 9, 1993
ITEM NO.: E Z_
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Stephens Group, Inc.
Stephens Group by
Rick Freeling
East Capitol, East 4th,
Commerce and I-30
Rezone from HDR to GB and Site
Plan Review
Downtown Branch for the U.S.
Post Office
4.9 acres
Vacant
SURROUNDING LAND USE AND ZONING
North - Multifamily and Industrial, zoned PD and GB
South - Single -Family, Office, Commercial and Trapnall
Hall, zoned HDR and GB
East - I-30 Right -of -Way, no zoning
West - Office, zoned GB
STAFF ANALYSIS
The property in question is located in the part of the City
that has a separate zoning ordinance and different
classifications. The ordinance was adopted through the
Central Little Rock Urban Renewal project (the CLR area) in
1972. To rezone to GB General Business in the CLR area,
three requirements have to be met and they are:
a. The land covers either a minimum area of 45,000
square feet or one-half of city block exclusive of
any alley.
b. The area is adjacent to, not diagonal from, the
General Business District.
C. Site development plans are submitted to the
Planning Commission.
Therefore, the Commission must endorse the GB rezoning and
approve the site plan before the item can be forwarded on to
the Board of Directors for final action. The site is over
four acres and existing GB is found on three sides.
March 9, 1993
ITEM NO.: E Z-5653(Cont.)
The site includes two full blocks and a portion of a third
block on the east side. Sherman Street, which is scheduled
to be closed, divides the two blocks at this time. The
property is vacant. In the past, some of the land was used
for a motel.
The proposed improvements consist of one single story
building, approximately 30,000 square feet in size, and
parking areas. The submitted site plan shows 185 parking
spaces and areas for landscaping, which are somewhat
deficient in terms of the ordinance requirements.
Zoning of the surrounding neighborhoods is HDR (High Density
Residential), GB, PRD and PD (Planned Development). East of
I-30, the CLR boundary, the existing zoning is C-3, I-2 and
I-3. Land use is more diverse than the zoning and includes
single family, multifamily, office, commercial, a motel,
industrial and Trapnall Hall, a historically significant
structure. There are also some undeveloped lots and vacant
buildings in the immediate area. East Capitol appears to be
the boundary between the residential and nonresidential
uses, with a majority of the residential uses found south of
East Capitol.
Rezoning the 4 plus acres to GB does not seem to be the real
issue with this request. The site is almost surrounded by
existing GB zoning, and the property's location does lend
itself to some type of nonresidential classification. The
Downtown Plan shows the east block as part of a commercial
area and the West block for multifamily use.
The potential problem that this proposed reclassification
raises is the site plan and the necessary approval as part
of the rezoning action. Any development on the land under
consideration must be sensitive to the East Capitol Avenue
block face, especially the south side which is the MacArthur
Park Historic District. Directly across East Capitol is
Trapnall Hall, a historical and important building in the
city. Also, between Sherman and Ferry is the location of
one of the oldest single family residences in the city, the
Walters -Curran -Bell house. Therefore, compatibility with
the Historic District becomes a very important factor in
determining that the appropriateness of the site plan.
Because of the historical character of the neighborhood, any
structure or development on the property cannot dominate the
south side of the street and must be sensitive to East
Capitol's uniqueness. Scale and massing are critical
components of any plan proposed for a site adjacent to a
historic district. Other design elements that are important
to the area are landscaping and layout (location) of the
parking.
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March 9, 1993
ITEM NO.: E Z-5653 Cont.
At this time, staff feels that the submitted site plan does
not adequately address many of the issues raised, and we
cannot support the site plan as it is currently drawn. In
addition to the lack of detailed information on the plan,
there are some serious design concerns such as the parking
spaces that faces East Capitol that need to be resolved. To
properly review the development and potential impacts on the
neighborhood, the following should be addressed or provided
on a more detailed site plan.
1. Building orientation to East Capitol
2. Landscaping
3. Location and layout of parking, especially the
spaces that face East Capitol.
4. Elevations
ENGINEERING COMMENTS
Engineering requests that the applicant look into the
possibility of closing Ferry Street on the east side of the
project.
STAFF RECOMMENDATION
Staff supports the GB reclassification, however, we are
withholding a formal recommendation on the site plan until a
more complete plan is submitted.
SUBDIVISION COMMITTEE COMMENT: (JANUARY 7, 1993)
The applicant, Rick Freeling, was present. Staff reviewed
the request and discussed some of the concerns raised by the
site plan. They included:
Compatibility with the Historic District to the
south
- Lack of a detailed landscaping plan
- Location and layout of parking
- Need for building elevations
- The possibility of closing Ferry Street
Rick Freeling addressed some of the concerns and said that
the Post Office officials are sensitive to the location and
the historic neighborhood. Mr. Freeling said the final
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March 9, 1993
ITEM NO.: E-5653 Cont.
design has not been started because the Post Office has not
selected an architect for the project. Mr. Freeling offered
some additional comments and said the Post Office will try
to meet with the city staff to work out the problems.
The committee members present agreed with the staff's
concerns and said the site plan needs to be redesigned. The
item was then forwarded on to the full Commission
PLANNING COMMISSIONACTION:
(JANUARY 26, 1993)
(Items No. 20 and 22 were discussed together.)
The applicant, Rick Freeling, was present. There were
several interested individuals in attendance. Mr. Freeling
discussed the site plan issue and said there are problems
with developing a complete site plan at this time. He made
some additional comments and pointed out to the Commission
that the interior space could not be changed.
Marilyn Nemeth, representing the U.S. Postal Service,
discussed the site plan and reviewed the design process.
Ms. Nemeth described the layout of the site and said the
Postal Service is willing to work with everybody, including
the Historic District Commission and the Quapaw Quarter
Association.
At this point, the Sherman Street issue was discussed.
Representatives of the Fire Department voice their
opposition to the closing of Sherman Street. (See Item
No. 22 for additional comments.)
Cheryl Nichols, Quapaw Quarter Association, reviewed the
Association's involvement with the proposed project. After
some additional comments, Ms. Nichols asked that the issue
be deferred.
Ruth Bell, League of Women Voters, said there could be
problems with approving the rezoning without a proper site
plan. Ms. Bell indicated that the project needed to be tied
down and a site plan needs to be approved. Ms. Bell
reminded the Commission that location in question is the
eastern gate to the city.
Marilyn Nemeth spoke again and said the Postal Service has
kept promises in the past. Ms. Nemeth also discussed
projects in other cities.
There was additional discussion about various issues.
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March 9, 1993
ITEM NO.: E z-5653 (Cont.
A motion was made to defer the item to the March 9, 1993
meeting. The motion was approved by a vote of 10 ayes,
0 nays and 1 absent.
SUBDIVISION COMMITTEE COMMENT:
(FEBRUARY 18, 1993)
The applicant, Rick Freeling, was present. There were also
two representatives of the U.S. Postal Service in
attendance. Staff reported that the plan has been revised
and the changes include:
A brick wall around the employee and loading
areas.
Relocating a parking area from the East Capitol
side to the East Fourth side.
- Removing the driveway on the Commerce Street side.
There was a lengthy discussion about the revised plan.
Staff indicated that they were more comfortable with the new
plan, and that it addresses most of the issues raised
earlier. Staff did express some reservations about the lack
of an access point on Commerce, and said that Traffic
Engineering was concerned about the proposed wall and the
possibility of creating blind corners. Staff also asked
that an effort be made to screen the mail boxes that have
been moved to the East Capitol side.
Rick Freeling and the postal service officials responded to
some of the comments made by staff and the Committee
members. They felt that a driveway to Commerce could be
added and something could be done about screening the boxes
on East Capitol.
Bob Brown, Plans Review Specialist, commented on the
landscaping requirements for the project.
Engineering reported that sidewalk improvements will be
required at the time of the building permit or the first
phase of construction.
After some additional comments, the item was forwarded to
the full Commission.
PLANNING COMMISSION ACTION:
(MARCH 9, 1993)
The applicant, Rick Freeling, was present. There were
several other interested persons in attendance.
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March 9, 1993
ITEM NO.: E Z-565 (Cont.)
Jim Lawson, Director of Neighborhoods and Planning, spoke
and said that Item E has been an issue that both the
Planning Commission and staff have been involved in for
sometime. Mr. Lawson then presented the staff's position
and recommended approval of the rezoning request with some
conditions attached, and then distributed a letter from
Mayor Jim Dailey, dated February 4, 1993, to the U.S. Postal
Service. Mr. Lawson then continued and said the staff's
concern is that, even though quite a few of the details on
the post -office site have been worked out, there is not a
hard and fast site plan done at this point. He then
reviewed the post office's position on doing the site plan
and referred to paragraph 2 in Mayor Dailey's
correspondence, which listed specific design issues.
Mr. Lawson recommended that the rezoning be approved with
the condition that the rezoning not be sent on to the Board
of Directors until the site plan has been approved by the
staff. Mr. Lawson then described what the final site plan
should include and that it conforms to what the various
parties have discussed.
Charles Nickerson, interim City Manager, then addressed the
Planning Commission and said the City has been working with
the applicant on the site in question. Mr. Nickerson said
the key issues, as noted in the Mayor's letter, involve
proper design, building material, siding, height and
massing. He said a number of those things are what would
make this site truly compatible with the ceremonial nature
of Capitol Avenue. Mr. Nickerson then described a
conversation with Rick Freeling, representing the owners,
and a postal service official about the City's concerns in
working out the final details. Mr. Nickerson said the City
would be willing to go forward, from a staff's standpoint,
with a favorable recommendation given the attention to those
details that were outlined in the Mayor's letter of February
4, and then further amplified by Cheryl Nichols' letter of
March 1, 1993. Mr. Nickerson said the City would like to
get a specific letter of commitment from the postal service
that they were in agreement to respond to those issues and
build those concerns into the development of the project.
Mr. Nickerson said the postal service is unable to make any
commitments, but an agreement was reached that prior to the
April 6, 1993 Board of Directors meeting. Jack See, the
project architect, the Postal Service, Rick Freeling, the
City, the Quapaw Quarter Association and Mayor Dailey
would sit down and try to hammer through the issues.
Mr. Nickerson said the Postal Service is willing to
cooperate and work with the City, but it is unclear as to
how far they can go. Mr. Nickerson said that he is
attempting to structure the process to get specific
agreements in written form as to exactly what the
commitments relate to.
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March 9, 1993
ITEM NO.: E Z-5653 (Cont.
Rick Freeling, representing the owners of the property,
spoke and presented a quick review of the issues.
Mr. Freeling said that owners have an agreement with the
postal facility that money would be spent on project to do
planning if Sherman Street and the alley closures were
approved by the Board of Directors, and the zoning of the
property is changed to GB contingent upon approval of the
site plan and have the plan approved by the Planning
Commission and the Board of Directors. At that point, the
Postal Service could waive enough rules to allow them to
purchase the property. Mr. Freeling then said that the
Postal Service has selected an architectural firm,
Wittenberg Deloney and Davidson. Mr. Freeling made comments
about the architects and said they know what they are doing.
Mr. Freeling said the postal facility has agreed to these
things and is ready to proceed under those guidelines.
Mr. Freeling then told the Commission that he just found out
about 45 minutes before the meeting that this is not the
recommendation that the staff is making, even though all the
parties have met for hours and have talked about all the
issues. Mr. Freeling said the Postal Service is willing to
work with everybody, but they ask that the issue not be
dragged out anymore. Mr. Freeling concluded by saying that
the Fire Department is now happy with the street issue, and
requested that he be given more notice if any other problems
come up.
Commissioner Jerilyn Nicholson then spoke and told
Mr. Freeling that if there was a site plan, the issue would
have been moved right on through. Rick Freeling responded
to Commissioner Nicholson's comments.
There was some discussion about the status of the Postal
_Service.
Rick Freeling spoke again and said that he has tried to come
up with a compromise, that is somewhat in between the City
and the Postal Service to keep everybody happy and get the
deal worked out. Mr. Freeling said the property is in a
good location and would probably stimulate some other
development in the area.
Chairman Brad Walker spoke and tried to characterize where
he thought the issue was. Chairman Walker said he did not
believe that the site plan is a new issue and the nature of
the structure is not a new issue, and it has been around
since the request was filed. Chairman Walker then discussed
the various aspects of the project, and said the street
closure had been approved by the Planning Commission. He
went on to say that the Commission was possibly prepared to
say that the footprint/site plan may be fine, however, the
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March 9, 1993
ITEM NO.: E Z-5653 Cont.
City would hold the building permit until the facade is
approved. Chairman Walker asked Mr. Freeling if that
condition could be added and made some comments about a vote
on the matter.
Rick Freeling spoke again and said that the postal people
have indicated that they will design the building once they
have purchased the property. Mr. Freeling said that he did
not think there would be a problem with meeting with all the
interested parties. He then suggested that the Planning
Commission zone the site subject to the site plan review or
the interested parties getting together to address the
project's basic concept.
Jim Lawson spoke and clarified one issue. Mr. Lawson said
that the staff wants the site plan issue resolved prior to
the rezoning going to the Board of Directors, which is in
conflict with what Mr. Freeling wants. Mr. Lawson said that
once the property is rezoned, that is the end of it because
the post office does not get a building permit.
There was a discussion about building permits and the postal
service.
Stephen Giles, Deputy City Attorney, offered comments about
the rezoning and site plan review. Mr. Giles said that it
was his understanding that the site plan would be handled
before it got to the Board of Directors.
Jim Lawson said that if the site plan is not resolved before
the Board meeting, then he would ask the Board to remove the
item from their agenda.
At this point, there were some comments made about the PUD
process.
There was a long discussion about various issues associated
with this request, including the possibility of requiring a
building permit.
Rick Freeling again asked the Commission to approve the
rezoning and if the site plan does not satisfy everybody,
then the issue would be taken off the Board's agenda.
Charles Nickerson addressed the Commission and said the
Mayor's letter is general in nature. Mr. Nickerson said the
March 1 letter from Cheryl Nichols is much more specific in
terms of looking at project. Mr. Nickerson said the March 1
letter details the kinds of issues that the City wants
resolved before the City could recommend the project for
approval.
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March 9, 1993
ITEM NO.: E Z-5653 (Cont.
) --
A motion was then made to approve the GB zoning, and that
further responsibility of site plan review, types of
construction, landscaping and all things that go into the
development be passed to the staff and City Board of
Directors. The motion was seconded.
Ruth Bell, representing FUTURE - Little Rock Steering
Committee, said the committee approved a resolution and
asked that it be presented to the Commission. Ms. Bell said
FUTURE - Little Rock is concerned with this end of Capitol
Avenue because it one of the major ways people enter the
city, and a rather important component of the final report
deals with impact of the city on visitors. She also said
that the City is already spending money on improving the
appearance of Capitol Avenue. Ms. Bell then read the
FUTURE - Little Rock Resolution. "On Monday, March 8, 1993,
the FUTURE - Little Rock Steering Committee approved a
motion opposing the current application by the U.S. Post
Office for rezoning of the property located in the Quapaw
Quarter until such time as a plan of development that is
compatible with surrounding neighborhood is submitted and
approved by Quapaw Quarter Association. FUTURE - Little
Rock believes that the integrity of the historic character
of downtown is vital to the economic growth of Little Rock."
Ms. Bell went to say that if the City has some final
approval on the appearance of the building before it loses
control to the post office, then FUTURE - Little Rock would
be satisfied.
Cheryl Nichols, representing the Quapaw Quarter Association,
stated that the FUTURE - Little Rock Steering Committee
adopted the resolution without the Quapaw Quarter
Association's knowledge, and the Association had nothing to
do with it. Ms. Nichols then offered her support for the
staff's compromise to work out the problems because the
development is a complicated issue. She said that the
Quapaw Quarter Association would like to see the project
enhance the entry way and be sensitive to the historic
district to the south. Ms. Nichols asked that the staff's
recommendation be followed.
Commissioner Ron Woods then made some comments about the
architects and the design process. Commissioner Jerilyn
Nicholson also made some comments.
Rick Freeling said that he has no problems with the motion
before the Commission.
Kathy Wells, vice President for the Downtown Neighborhood
Association, said that the group strongly supports the
staff's position and concerns.
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March 9, 1993
ITEM NO.: E Z-5653 Cont.
The motion was then read by the staff and there was some
discussion. At this point, the March 1, 1993 letter from
Cheryl Nichols, Quapaw Quarter Association, was included in
the motion.
There were additional comments before the vote was taken.
The Planning Commission then voted on the motion. The vote
was 10 ayes, 0 nays and 1 absent in support of the motion.
(Note: The letters from Mayor Jim Dailey and Cheryl
Nichols are included in the minute record.)
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