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Home My WebLink Aboutpc_04 25 2002_Special Meeting ExtraterritorialLITTLE ROCK PLANNING COMMISSION PUBLIC HEARING MINUTE RECORD APRIL 25,2002 4:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being eight (8)in number. Members Present:Richard Downing Craig Berry Fred Allen,Jr. Robert Stebbins Norm Floyd Mizan Rahman Bill Rector Rohn Muse Members Absent:Judith Faust Obray Nunnley,Jr. Bob Lowry City Attorney:Stephen Giles E lection of C ha ir The first action taken was to elect a chair for the committee in the absence of the Chair,Bob Lowry and the absence of the Vice-Chair,Judith Faust.A motion was made to elect Dick Downing as acting chair,and was approved with a vote of 8 ayes,0 noes and 3 absent. Citizen Communication Chair Dick Downing stated that this was a special called meeting to discuss the expansion of the extraterritorial jurisdictional area.He introduced Stephan Giles for the City Attorney's office. City Attorney Staff Stephen Giles briefly covered the state law that gives municipalities the right to zone extraterritorially.He continued with a history of extraterritorial planning history in the City of Little Rock.Mr.Giles then reviewed the order of the items on the agenda and how state law dictates their order on the agenda.He briefly covered all three items on the agenda and explained that the Board of Directors has dictated to the Planning Commission and Staff to develop the plans. Chair Dick Downing continued and added that this was a special meeting.He continued with the procedure for individuals to speak on individual items. Chairman Downing stated that the commission would be concerned with the "how"of the items,not if it should be done.The Planning Commission does not have control over if it is done;but is fulfilling ordinance requirements as dictated by the City Board.He added that citizen communication is for the discussion of the propriety Questions about procedure followed. Stacey Pectol asked a question as to her particular item and the citizen communication section. Suzanne Bradshaw stated that the address should be changed on her item. Staff noted the change. Chairman Downing stated that if you are the property owner,it is not necessary to fill out the speaker card for your item. Ken Simpson asked if it was possible to speak on another person's item. Chairman Downing stated that it was permitted,but a card would need to be filled out for that. J.Weaver,co-chairman of the Citizens Concerned for Property Rights spoke in opposition to the proposed action.He stated that his organization had 500 members.He was opposed to the city's extraterritorial jurisdictional controls and stated that ninety-nine percent of property owners were opposed.He stated that if an action in the city had ninety nine percent of the voters against it,it would not be passed.However,the residents in the area cannot vote in city elections and claims that the citizens of the area are disregarded and disenfranchised.He further claimed that the state law was unconstitutional. He wants property owners to have the right to vote and have representation. He stated that he did not have personal ax to grind,but stood on principle.He also wants a moratorium on the westward expansion.He continued to talk about infrastructure in the area.He stated that he has studied the law carefully and that it is tied to cities on navigable streams,and creeks of special interests.His committee is sworn to fight and overturn that state law. Amanda Moore,of 4810 Ferndale Cutoff,spoke that she was opposed to items 1,2,and 3 on the agenda.She stated that she moved out to Ferndale to invest in property and does not want city controls.She stated that with the threat of possible annexation,it is impossible to maintain her property.She continued that most developments have bills of assurances and covenants. The area farms have done well without zoning laws.She continued that the property values have increased without city controls.She stated that she does not understand why the city wants to extend the extraterritorial jurisdiction and claimed that she did not receive a notice. Mr.Phillip Baldwin spoke that he addressed the planning commission six years ago when there was a consideration to straighten several winding county roads.As a planner and architect,he thought the plan was ill conceived.He stated that the current plan was baffling.Mr.Baldwin continued to compare the proposed city park on Garrison Road with Central park in New York City.He is in opposition to the city park located on Garrison Road and said that it does not revitalize the city.He next addressed traffic concerns.He stated that parks should be located where the people are and if there is no land available where the people are,you should not correct one bad decision with another.He continued to speak of sprawl.Mr.Baldwin stated that purchasing the park was a mistake.He stated that the plan would not work and advised that the land should go back to Deltic Timber and stop letting the "tail wag the dog".He continued to state the city is wreaking the western area. LITTLE ROCK PLANNING COMMISSION PUBLIC HEARING APRIL 25,2002 4:00 P.M. NEW ITEMS 1.MSP-02-01 To Establish the Master Street Plan in the area between the Planning Boundary described by the City of Little Rock's Ordinance ¹18,488 and the previous Planning Boundary described in Ordinances 15,443 and 16,937. 2.LU02-17-01 A Land Use Plan Amendment in the Crystal Valley, Burlingame Valley,West Fourche,Barrett and Buzzard Mountain Planning Districts to establish the Land Use Plan in the area between the Planning Boundary described by the city of Little Rock's Ordinance ¹18,488 and the previous Planning Boundary described in Ordinance 15443. 3.Z-7164 To establish zoning in the area between the Planning Boundary described by the City of Little Rock's Ordinance ¹ 18,488 and the previous Planning Boundary described in Ordinance 'l5,443 either R-2 Single Family or AF Agricultural and Forestry. Z-7167 Part of T2N R14W Sec 32,to be zoned R-2,Single Family. Z-7168 Part of T2N R14W Sec 4,to be zoned R-2. Z-7168-A 10424 Barrett Road in T2N R14W Sec 4,to be zoned AF, Agricultural and Forestry. Z-7169 Part of T2N R14W Sec 5,to be zoned R-2. Z-7169-A 8611 Barrett Road in T2N R14W Sec 5,to be zoned AF. Z-7170 Part of T2N R14W Sec 6,to be zoned R-2. Z-7170-B 24201 Pleasant Grove Road in T2N R14W Sec 6,to be zoned AF. Z-7170-C 9524 Twin Mountain Lane in T2N R14W Sec 6,to be zoned AF. Z-7170-D 9525 Twin Mountain Lane in T2N R14W Sec 6,to be zoned AF. Z-7170-E 8000 Hood Road in T2N R14W Sec 6,to be zoned AF Z-7170-F 8324 Hood Road in T2N R14W Sec 6,to be zoned AF. Z-7170-G 24708 Pleasant Grove Road in T2N R14W Sec 6,to be zoned AF. Z-7171 Part of T2N R15W Sec 1,to be zoned R-2, Z-7172 Part of T2N R14W Sec 8,to be zoned R-2. Agenda,Page 2 Z-7173 All of this section,T2N R14W Sec 7,to be zoned R-2. Z-7174 Part of T2N R15W Sec 12,to be zoned R-2. Z-7174-A 8414 Matthews Road in T2N R15W Sec 12,to be zoned AF. Z-7175 Part of T2N R15W Sec 11,to be zoned R-2. Z-7176 Part of T2N R14W Sec 17,to be zoned R-2. Z-7177 Part of T2N R14W Sec 18,to be zoned R-2. Z-7177-A 5100 Studer Road in T2N R14W Sec18,to be zoned AF. Z-7177-B 6212 Studer Road in T2N R14W Sec 18,to be zoned AF. Z-7177-C 6200 Studer Road in T2N R14W Sec 18,to be zoned AF. Z-7178 Part of T2N R15W Sec 13,to be zoned R-2. Z-7179 Part of T2N R15W /Sec 14,to be zoned R-2. Z-7180 Part of T2N R14W Sec 20,to be zoned R-2. Z-7181 Part of T2N R14W Sec 19,to be zoned R-2. Z-7181-A 4810 Ferndale Cutoff in T2N R14W Sec 19 to be zoned AF. Z-7181-B 4909 Studer Road in T2N R14W Sec 19,to be zoned AF. Z-7181-C 5220 Studer Road in T2N R14W Sec 19,to be zoned AF. Z-7181-D Located on Studer Road in the NW of the NE of Section 19, T2N R14W,to be zoned AF. Z-7181-E Located on Studer Road in the NW of the NE of Section 19, T2N R14W,to be zoned AF. Z-718'I-F 4600 Studer Road in T2N R14W Sec 19,to be zoned AF. Z-7182 Part of T2N R15W Sec 24,to be zoned R-2. Z-7183 Part of T2N R15W Sec 23,to be zoned R-2. Z-7183-A 5220 Sword Lane in T2N R15W Sec 23,to be zoned AF. Z-7184 Part of T2N R14W Sec 28,to be zoned R-2. Z-7185 Part of T2N R14W Sec 29,to be zoned R-2. Z-7185-A 5021 Ferndale Cutoff Road in T2N R14W Sec 29,to be zoned AF. Z-7186 Part of T2N R14W Sec 30,to be zoned R-2 Single Family. Z-7186-B 2125 Lambert Road in T2N R14W Sec 30,to be zoned AF Agricultural and Forestry. Z-7186-D 3601 Ferndale Cutoff Road in T2N R14W Sec 30,to be zoned AF. Z-7186-E 3601 Ferndale Cutoff Road in T2N R14W Sec 30,to be zoned AF. Z-7186-F 24508 Blazer Road in T2N R14W Sec 30,to be zoned AF. Z-7186-G 3805 Ferndale Cutoff Road in T2N R14W Sec 30,to be zoned AF. Z-7186-H 3801 Ferndale Cutoff Road in T2N R14W Sec 30,to be zoned AF. Z-7186-I 3225 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7187 Part of T2N R15W Sec 25,to be zoned R-2. Z-7187-E 2910 Ferndale Cutoff in T2N R15W Sec 25,to be zoned AF. Z-7187-F 2910 Ferndale Cutoff in T2N R15W Sec 25,to be zoned AF. Z-7188 Part of T1N R14W Sec 4,to be zoned R-2. Agenda,Page 3 Z-7188-A Located on Burlingame Road east of Walnut Grove Road in T1N R14W Sec 4 to be zoned AF. Z-7188-B 1720 Walnut Grove Road in T2N R14W Sec 33,to be zoned AF. Z-7188-C Kanis 8 Walnut Grove Road in T2N R14W Sec 33 to be zoned AF. Z-7188-D 120 Walnut Grove Road in NW T2N R14W Sec 33,to be zoned AF. Z-7188-E 1120 Walnut Grove Road in the SW T2N R14W Sec 33,to be zoned AF. Z-7189 Part of T2N R14W Sec 32,to be zoned R-2. Z-7189-A 19312 Burlingame Road in T2N R14W Sec 32,to be zoned AF. Z-7189-B 23815 Kanis Road in T2N R14W Sec 32,to be zoned AF. Z-7189-C 1815 Thompson Lane in T2N R14W Sec 32,to be zoned AF. Z-7189-D 2431'I Kanis Road in T2N R14W Sec 32,to be zoned AF. Z-7189-E 24303 Kanis Road in T2N R14W Sec 32,to be zoned AF. Z-7189-F 21002 Burlingame Road in T2N R14W Sec 32,to be zoned AF. Z-7189-G 19500 Burlingame Road in T2N R14W Sec 32,to be zoned AF. Z-7190 Part of T2N R14W Sec 31,to be zoned R-2. Z-7190-A 24123 Burlingame Road in T2N R14W Sec 31,to be zoned AF. Z-7190-B 25611 Kanis Rd in T2N R14W Sec 31,to be zoned AF Z-7191 Part of T1N R14W Sec 4,to be zoned R-2. Z-7192 Part of T1N R14W Sec 5,to be zoned R-2, Z-7192-A 1000 Lake Roman Lane in T1N R14W Sec 5,to be zoned AF. Z-7192-B 600 Jabo Lake Road in T1N R14W Sec 5,to be zoned AF. Z-7193 Part of T1N R14W Sec 6,to be zoned R-2. Z-7194 Part of T1N R14W Sec 10,to be zoned R-2. Z-7195 Part of T1N R14W Sec 9,to be zoned R-2, Z-7195-C 20701 Colonel Glenn Road in T1N R14W Sec 9,to be zoned AF. Z-7195-D 20711 Colonel Glenn Road in T1N R14W Sec 9,to be zoned AF. Z-7195-G 2425 Beauchamp Road in T1N R14W Sec 9,to be zoned AF. Z-7196 Part of T1N R14W Sec 8,to be zoned R-2. Z-7197 Part of T1N R14W Sec 14,to be zoned R-2. Z-7198 Part of T1N R14W Sec 15,to be zoned R-2. Z-7199 Part of T1N R14W Sec 16,to be zoned R-2. Z-7200 Part of T1N R14W Sec 23,to be zoned R-2. Agenda,Page 4 Z-7200-A 18103 Joanwood Lane in T1N R14W Sec 23,to be zoned AF. Z-7200-B 18100 Joanwood Lane in T1N R14W Sec 23,to be zoned AF. Z-7201 Part of T1N R14W Sec 26,to be zoned R-2. 3.1 Z-7178-A Located in T2N R15W Sec 13,all of this section south and east of Garrison Road to be zoned PR,Park and Recreation. 3.2 Z-7165-A Part of T3N R14W Sec 34,to be zoned OS CUP,Open Space Conditional Use Permit. Z-7165-B Part of T3N R14W Sec 34,to be zoned OS,Open Space. Z-7166 Part of T3N R14W Sec 33,to be zoned OS,Open Space. Z-7167-A Part of T3N R14W Sec 32,to be zoned OS,Open Space. 3.3 Z-7176-A 8406 8 8404 Ferndale Cutoff in T2N R14W Sec 17,to be zoned MF-6,Multi Family. 3.4 Z-7196-B 23200 Colonel Glenn Road,in T1N R14W Sec 8,to be zoned PRD,Planned Residential District. 3.5 Z-7172-A King's One Stop,23724 Highway 10 in T2N R14W Sec 8,to be zoned C-3,General Commercial. 3.6 Z-7187-C JC's Family Dining,27024 Kanis Road in T2N R15W Sec 25 to be zoned C-4,Open Display Commercial. 3.7 Z-7187-D Doubletree Veterinary Clinic,2626 Ferndale Cutoff in T2N R15W Sec 25,to be zoned PCD,Planned Commercial District. 3.8 Z-7187-G Ferndale Grocery,2504 Ferndale Cutoff Road,in T2N R15W Sec 25,to be zoned C-4,Open Display Commercial. 3.9 Z-7187-H Pleasant Grove Baptist Church,27025 Kanis Road in T2N R15W Sec 25,to be zoned 0-1,Quiet Office. 3.10 Z-7195-B Youth Home Inc.,20400 Colonel Glenn Road in T1N R14W Sec 9,to be zoned POD,Planned Office Development. 3 11 Z-7196-A Old Trading Post Grocery,22921 Colonel Glenn Road in T1N R14W Sec 8,to be zoned C-3,General Commercial. 3.12 Z-7198-A Paul's One Stop,19440 Lawson Road in T1N R14W Sec 15, to be zoned C-3,General Commercial. Agenda.Page 5 3.13 Z-7200-C Kenny's Auto Sales 8 Parts,18305 Lawson Road in T1N R14W Sec 23 to be zoned PCD,Planned Commercial Development. 3.14 Z-7200-D Shelly's Fine Upholstery,18536 Lawson Road in T1N R14W Sec 23,to be zoned C-4,Open Display Commercial. 3.15 Z-7187-A Located at 27017 Kanis Road in T2N R15W Sec 25,to be zoned C-1,Neighborhood Commercial. 3.16 Z-7187-B Located at 27017 Kanis Road in T2N R15W Sec 25,to be zoned C-1,Neighborhood Commercial. 3.17 Z-7187-1 Located at 26810 Kanis Road in T2N R15W Sec 25,to be zoned C-4,Open Display Commercial. 3.18 Z-7188-C NW corner of Kanis Road and Walnut Grove Road in T2N R14W Sec 33 to be zoned AF CUP,Agriculture and Forestry Conditional Use Permit. 3.19 Z-7195-E NW Corner of Colonel Glenn Road and Beauchamp Road in T1N R14W Sec 9 to be zoned C-4,Open Display Commercial. 3.20 Z-7195-F SE Corner of Colonel Glenn Road and Beauchamp Road in T1N R14W Sec 9,to be zoned C-4,Open Display Commercial. 3.21 Z-7170-A 24201 Pleasant Grove Road in T2N R14W Sec 6,to be zoned C1,Neighborhood Commercial. 3.22 Z-7170-H 24708 Pleasant Grove Road in T2N R14W Sec 6,to be zoned C1,Neighborhood Commercial. 3.23 Z-7182-A 4300 Garrison Road in T2N R15W Sec 24,to be zoned C4, Open Display Commercial. 3.24 Z-7186-A Located at 2125 Lambert Road in T2N R14W Sec 30,to be zoned C-4,Open Display Commercial. 3.25 Z-7186-J Legacy Builders,24907 Kent Lane in T2N R14W Sec 30,to be zoned C-4,Open Display Commercial. 3.26 Z-7195-A 2610 Betty Drive in T1N R14W Sec 9,to be zoned C4,Open Display Commercial,CUP Conditional Use Permit. Agenda,Page 6 3.27 Z-7198-B 3301 Reynard Road in T1N R14W Sec 15,to be zoned C-4, Open Display Commercial. 3 28 Z-7171-A 26711 Highway 10 south side of road in T2N R15W Sec 1 to be zoned C-3,General Commercial. 3.29 Z-7171-B 26712 Highway 'l0,north side of road in T2N R15W Sec 12 to be zoned C-3,General Commercial. 3.30 Z-7186-C The east side of the intersection of Roberts Road and Alneta Loop in T2N R14W Sec 30 to be zoned C-4,Open Display commercial. 3.31 Z-7172-B 23200 Highway 10 HW in T2N R14W Sec 8,to be zoned C- 3,General Commercial. April 25,2002 ITEM NO.:1 FILE NO.:MSP-02-01 Name:Master Street Plan —Chenal Planning District Location:Extraterritorial Jurisdiction Expansion Area Receuest:Establish Master Street Plan Source:Staff PROPOSAL /REQUEST: The proposal is to establish the Master Street Plan in the area between the Planning Boundary described by the City of Little Rock Ordinance ¹18,488 and the previous Planning Boundary described in Ordinances 15,443 and 16,937. The proposed streets and their classifications are as listed below. ~Ferndale Cutoff Road (West Beltway)from State Highway 10 to Denny Road to be a Principal Arterial; ~Ferndale Cutoff Road from Denny Road to Kanis Road to be a Minor Arterial; ~Garrison Road from previous Planning Boundary to Ferndale Cutoff Road to be a Minor Arterial with reduced design standards; ~Denny Road from the previous Planning Boundary to Ferndale Cutoff to be a Minor Arterial; ~Proposed West Beltway from the Ferndale Cutoff and Denny intersection to the Pine Circle and Faulkner Road intersection including Walnut Grove Road and Faulkner Road to be a Principal Arterial; ~Kanis Road from the previous Planning Boundary to the Burlingame Road intersection to be a Minor Arterial with reduced design standards; ~Kanis Road from Burlingame Road west to Ferndale Cutoff Road be to a Principal Arterial; ~Burlingame Road from the previous Planning Boundary to Kanis Road to be a Principal Arterial; ~Colonel Glenn Road from the previous Planning Boundary to the new Planning Boundary to be a Minor Arterial; ~Lawson Road from the previous Planning Boundary to the new Planning Boundary to be a Minor Arterial; ~Beauchamp Road from Colonel Glenn Road to Lawson Road to be a Minor Arterial with reduced design standards; ~Marsh Road from the previous Planning Boundary to Lawson Road to be a Minor Arterial; ~Marsh Road Extension from Lawson Road southward to West Beltway to be a Minor Arterial; April 25,2002 ITEM NO.:1 Cont.FILE NO.:MSP-02-01 ~Reynard Road from Beauchamp Road to Lawson Road to be a Collector; ~Joanwood Street and Extension from Lawson Road to Marsh Extension to be a Collector; ~All other public roads will be shown as Local Streets. ANALYS IS: The primary function of Principal Arterials is to serve through traffic into and out of the urban area.They connect major traffic generators or activity centers within a planning area.These arterials are usually spaced three or more miles apart with a right-of-way of 110 feet.The Principal Arterials in the planning area are the West Beltway (Ferndale Cutoff north of Denny Road,Walnut Grove,Faulkner Road and connecting proposed segments)and Burlingame Road/Kanis Road west of Burlingame Road.Both of these roads (proposed roads)are continuations of principal arterials.The West Beltway provides north-south movement and the Burlingame/Kanis provides east west movement.Both roads also fulfill the function of principal arterials of traffic movement through the area. Minor Arterials provide the connections to and through the planning area.Their primary function is to provide short distance travel within and around the planning area. Generally,these roads are spaced at one-mile intervals and have a right-of-way of 90 feet.Since a Minor Arterial typically is a high volume road,a minimum of four travel lanes is required.The Minor Arterials in the planning area are Garrison Road,Ferndale Cutoff south of Denny Road,Denny Road,Kanis Road east of Burlingame Road,Col. Glenn Road,Beauchamp Road,Lawson Road,Marsh Road,and its'outh extension. Garrison,Denny,Kanis,Lawson,Col.Glenn and Marsh Roads were all minor arterials for that portion previously within the City's jurisdiction.This makes the remainder of these roads the same classification with the same design standard.Beauchamp and Ferndale Cutoff road (south of Denny)are added to continue this arterial network to the west.These roads when included together provide a network to move traffic around and through the area. A reduced density of development is projected for this area.This is in part due to the existing development pattern in the north areas.The pattern is for large lot residential- estate lots.Many of these homes are already in place using septic systems.The low density of development is not one that makes development of a sewer system likely; therefore,the remaining areas are likely to also be developed at a similar density.The function for the arterial system is still needed;to move vehicles around and through the area.However,the lower density reduces the need for as many lanes.In addition,the larger tract development should produce fewer curb cuts along the arterials.Taking all this into consideration a reduced design section is proposed on selected streets.By not reducing the right-of-way,the public sector maintains the ability to widen the roads if development were to become more dense.Reduced standards are proposed for Beauchamp Road,Garrison Road,and Kanis west to the Burlingame Road intersection. 2 April 25,2002 ITEM NO.:1 Cont.FILE NO.:MSP-02-01 A Collector street is the traffic connection from residential streets to arterials or to activity centers,with secondary function of providing access to adjoining property.The Collector system should not be continuous,but should direct traffic to arterials.Right of way for Collectors is 60 feet.This class of road is generally at a spacing of a quarter to half mile.Collectors in this area are Reynard Road,Joanwood Road and it's southwest extension. STAFF RECOMMENDATIONS: The existing circulation system proposed by the Master Street System should serve the western part of Little Rock well. PLANNING COMMISSION ACTION:(APRIL 25,2002) Brian Minyard,of Planning Staff made a presentation of the item denoting each street's proposed design and functional classification.Definitions of each classification of street were also given to the audience.It was noted that no right-of-way dedication was requested at this time. Commissioner Downing reminded speakers that they were to address issues pertaining to the Master Street Plan. Phillip Baldwin stated that "it is the tail wagging the dog".Commissioner Downing asked which street in particular that he was referencing.Mr.Baldwin spoke of Garrison Road being a loop,hilly and curvy.He stated that the park should be located in another location.Commissioner Downing asked what was wrong with the classification of Garrison Road.Mr.Baldwin stated that reclassifying as such does not justify a population that is likely to occur unless the road is widened and straightened.Mr. Baldwin stated that he did not believe that usage in the future would not justify the classification. Mr.Lawson pointed out that the Master Street Plan is set up for future expansion —when and if the area is developed.If the area does not develop,then the process to widen the roadway is not there.The process is being developed and will be in place so that some areas will not be land locked and that some roads will not be carrying more traffic than they should.Mr.Baldwin stated that was a valid argument unless you exclude the existence of the park.Commissioner Downing stated that the topic is Garrison Road and not the purchase of the park on Garrison Road.Mr.Baldwin stated that the classification of Garrison Road as well as Ferndale Cutoff,Kanis and Burlingame was tied to the purchase of the park.Mr.Baldwin agreed that if the park is built that the roadways will have more usage.He continued that he was not familiar enough with the other areas to comment on other roadways. Commissioner Downing restated that speakers will speak on Master Street Plan issues only. 3 April 25,2002 ITEM NO.:1 Cont.FILE NO.:MSP-02-01 J.L.Weaver spoke that he was familiar with all of the roads in the area.Commissioner Downing stated that he wanted Mr.Weaver not to speak about all of the roads,but one road in particular at a time.Mr.Weaver starting naming streets upon which he would speak,starting with Col.Glenn.Commissioner Downing stated that Mr.Weaver was to speak about Col.Glenn that is a proposed minor arterial.He asked Mr.Weaver why Colonel Glenn should or should not be a minor arterial.Mr.Weaver stated he was against any change until there was a clearly defined criterion in place for the acquiring right-of-way.Commissioner Downing stated that he appreciated his point but the point had already been made.Commissioner Downing continued that Mr.Weaver would be ruled out of order unless he wanted to speak about a specific road and the issue in front of the Commission right now.Mr.Weaver asked if he would be allowed to address all of the roads.Commissioner Downing said no.After discussion,Commissioner Downing ruled Mr.Weaver out of order.Mr.Weaver acknowledged that he was out of order and left the room. Commissioner Downing stated that the Commission would accept comments on specific roads from people in the audience. Mrs.B.J.Barnett asked a question about a map that was on the back of the mailing of January 8,2002.The map,in which she was referring,did not have street names on it. She was thinking that the map was the Master Street Plan and the misconception was eliminated. Amanda Moore requested maps for the items. Ken Simpson asked about the extension of Joanwood Lane.Mr.Minyard explained the extension of Joanwood Lane and Marsh Road and the process of the improvements to the roadway that are subject of rezoning or subdivision.Examples of collectors were given to Mr.Simpson and discussion followed.Commissioner Floyd added that a lot of roads are on the Master Street Plan that were classified as such twenty years ago that are still two lane with open ditches. A motion was made to approve the Master Street Plan with staff comments.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. 4 April 25,2002 ITEM NO.:2 FILE NO.:LU02-17-01,LU02-21-01 LU02-22-01 LU02-29-01 LU02-30-01 Name:Land Use Plan Amendment —Crystal Valley,Burlingame Valley,West Fourche,Barrett and Buzzard Mountain Planning District Location:Parts of West Pulaski County,South of Lake Maurnelle and East of Ferndale South to Fourche Creek Area ~Re uest:Tn Establish Land Use Plan Source.City Staff PROPOSAL AND ANALYSIS: This proposal is to establish the Land Use Plan in the area between the Planning Boundary described by the City of Little Rock's Board of Directors'rdinance ¹18,488 and the previous Planning Boundary described in Ordinance ¹15,443. The Land Use Plan is intended to serve as a guide for zoning and other land use decisions.It is to provide a reasonable prediction of the future arrangement of land use, given various factors impacting the use of land.It is a general blueprint of how the area will develop,but need not be the final ultimate land use pattern.It is the pattern expected in the mid-term,which is an appropriate action at this time.The proposed Land Use Plan pattern is flexible and may change over time.In order to maintain its'sefulnessandtoberesponsivetochangingconditionsandcommunitygoals, adjustment to the plan may be necessary.The plan represents a reflection of a wide variety of considerations that influence the use of land.These include the existing land use pattern,current and proposed zoning,existing street pattern,the Master Street Plan,and environmental characteristics. The majority of the area (about 70'/o)is to shown as Single Family residential.This category provides for single-family homes,one dwelling unit per lot,at densities not to exceed six dwelling units per acre.Such residential development is typically characterized by conventional single family homes,but may also include patio or garden homes and cluster homes,provided that the density remain less than 6 units per acre. The majority of the area is currently developed as large lot (5 plus acre tracts or estate lot)single-family homes.This pattern is well established.After review of the development pattern immediately surrounding the city limits,Single Family appears to be the best use for much of the area. All other land use plan categories will be described as to location.Those areas not described below,will be shown as Single Family on the Land Use Plan. 1 April 25,2002 ITEM NO.:2 (Cont.)FILE NO.:LU02-17-01,LU02-21-01 LU02-22-01 LU02-29-01 LU02-30-01 Park/Open Space (PK/OS)is shown along all creeks and rivers in the area:Nowlin Creek,Kinley Creek,Little Maumelle River,and Fletcher Creek.This category includes public parks,recreational facilities,greenbelts,floodplains and other designated open space and recreational land.In the county,PK/OS is shown for the flood plains of the creeks,which is wider than the actual floodway.The only non-flood plain area shown as PK/OS is the city park to be located on Garrison Road.PK/OS accounts for approximately ten percent of all land in the area. Agriculture and Forestry (AF)is shown in five areas in the plan area.The first three areas comprise a three-pronged area originating at the intersection of the Little Maumelle River and Ferndale Cutoff Road and is the largest concentration of AF in the area.These three areas are more particularly described as: 1)Both sides of Studer Road from the Little Maumelle River west to Ridgefield Road. 2)The south side of Ferndale Cutoff Road from the Little Maumelle River southwesterly towards Ferndale between the road and the river. 3)Both sides of Fletcher Creek between the West Beltway and the Little Maumelle River. The remaining two areas are: 4)The north side of Burlingame east of Walnut Grove Road. 5)The north side of Col.Glen Road at the Faulkner Road intersection. It is the intent of this category to recognize the existing use of the land and acknowledge the continuation of agricultural uses is the most probable short and mid-term use of the land.The agricultural classification is also designed to provide a transition between rural areas and the urban fringe,where it would be appropriate to preserve existing rural land use,prior to annexation into the city.Agricultural Forestry accounts for approximately nine percent of the land. Public Institutional (Pl)is shown in two areas.The first area,at Lake Maumelle,is for the watershed of the lake.This is the vast majority of land shown as Pl.The second area shown as Pl is for the Youth Home development on Col.Glen Road.Together, they comprise over seven percent of the total land area.The Public Institutional category includes public and quasi-public facilities that provide a variety of services to the community such as schools,libraries,fire stations,churches,utility substations,and hospitals.The lake watershed is a community facility that is the water source for the City.Youth Home is a medical related use that fits with the hospital use within Public Institutional. The remaining categories:Low Density Residential,Commercial,Neighborhood Commercial,and Mixed Commercial Industrial comprise the remainder of the area and are listed in decreasing size order. 2 April 25,2002 ITEM NO.:2 (Cont.)FILE NO.:LU02-17-01,LU02-21-01 LU02-22-01 LU02-29-01 LU02-30-01 Low Density Residential,accommodates a broad range of housing types including single-family attached,single-family detached,duplex,town-homes,multi-family and patio or garden homes.Any combination of these and possibly other housing types may fall in this category provided that the density is between six and ten dwelling units per acre.Low Density Residential is shown in the following five areas: 1)On both sides of Highway 10 between Ferndale Cutoff and Barrett Roads.This area is along an arterial and should have access to both sewer and water in the foreseeable future.It also serves as a buffer from Commercial to Single Family uses. 2)Land west of Ferndale Cutoff Road and east of the Maumelle River north of the Denny Road intersection.This area is along an arterial and bounded by a large floodplain.With the restrictions on development due to these conditions,an increase in density appears appropriate. 3)On the north side of Kanis Road west of the Live Oaks Subdivision and east of the Commercial area shown in Ferndale.This area is proposed as a transition between the Commercial of Ferndale and the large lot single-family of Live Oaks Subdivision. 4)Land on east side of Marsh Road north of Lawson Road and north of the Commercial area to be described later.This area is proposed as a transition between the Commercial and Single Family areas. 5)Land on the east side of Marsh Road north of Joanwood Drive Extension.This area is proposed as a transition between the heavy intensity of the Mixed Commercial Industrial and the low intensity of the Single Family use to the south. The Commercial category includes a broad range of retail and wholesale sales of products,personal and professional services,and general business activities. Commercial activities vary in type and scale,depending on the trade area that they serve.Commercial is shown at the following four locations: 1)On both sides of Highway 10 east of Barrett Road.This is the intersection of an Arterial and Collector,which meets the node principal used by the City for commercial locations.It also has established commercial businesses.The proposed commercial area expands the existing commercial use area at this location. 2)On all four corners of the intersection of Kanis Road and Ferndale Cutoff Road bounded by the PK/OS for the Maumelle River and the LDR on the north side of Kanis west of the Live Oaks Subdivision.This is an arterial-arterial intersection, 3 April 25,2002 ITEM NO.:2 (Cont.)FILE NO.:LU02-17-01,LU02-21-01 LU02-22-01 LU02-29-01 LU02-30-01 meeting the node principal used by the City.It is already a significant business center of the area.The proposal is to expand the business area of Ferndale. 3)At the northeast corner of Beauchamp Road and Lawson Road.This is an arterial-arterial intersection,meeting the node principal used by the City.There are existing businesses in this location and the proposal is to expand the commercial use area. 4)On the north side of Lawson Road east of Marsh Road.This is an arterial- arterial intersection,meeting the node principal used by the City.There are existing businesses in this location and the proposal is to expand the commercial use area. Neighborhood Commercial is shown in five areas.In contrast to the Commercial areas, some of these areas have existing commercial activity in them,some area vacant land. The strategy was to place these Neighborhood Commercial nodes throughout the area at intersections of or along arterials.The Neighborhood Commercial category includes limited small-scale commercial development in close proximity to a neighborhood, providing goods and services to that neighborhood market area.The four areas shown are: 1)The intersection of Goodson Road and Highway 10.This is the intersection of an arterial and collector.There are existing businesses at this location,which serve the area. 2)The northeast corner of Denny Road and Ferndale Road.This is the intersection of an arterial and arterial.The location is about half way between two commercial areas and allows for future growth needs as the proposed single family and low density residential develops. 3)The westerly corner of Walnut Grove and Kanis Roads,which provides for future growth.This is the intersection of an arterial and arterial.The location is between two commercial areas and allows for future growth needs as the single family residential develops. 4)The southeast corner of Colonel Glenn and Faulkner Roads.This is the intersection of an arterial and arterial.The location recognizes an existing business and allows for expansion as additional residential develops in the area. 5)All corners of the intersection of Beauchamp and Col.Glenn Roads.This is the intersection of an arterial and arterial.The location provides for future growth. Mixed Commercial Industrial is shown in one location in the area —on the south side of Lawson Road east of Marsh Road.This category provides for a mixture of commercial and industrial uses to occur.Acceptable uses are office or mixed office and 4 April 25,2002 ITEM NO.:2 (Cont.)FILE NO.:LU02-17-01,LU02-21-01 LU02-22-01 LU02-29-01 LU02-30-01 commercial.A Planned Zoning District is required if the use is mixed office and commercial.There are existing intense commercial uses in this location. This Land Use Plan should serve the area for the mid range.There have been areas incorporated for non-residential growth (i.e.:commercial)and for alternate forms of residential growth as shown with the LDR.With the presence of the five-acre subdivisions in much of the area,the estate residential use is already well entrenched in the area.The existing conditions in much of the area should control the density of future development.With large areas already in 'estate'esidential makes sewer service to the area less favorable.This in turn makes a dense development pattern less likely for the planning area.Thus,a more conservative land use plan,as has been presented. should serve the area adequately well for the next ten to fifteen years. STAFF RECOMMENDATIONS: Staff believes the proposed Land Use Plan is appropriate. PLANNING COMMISSION ACTION:(APRIL 25 2002) Brian Minyard,Planning Staff,made a presentation of the proposed areas including definitions of each classification as the presentation proceeded.He continued that there was room for expansion in the proposed commercial nodes and that a conservative approach had been taken in the planning process. Commissioner Floyd asked why the MCI —Mixed Commercial Industrial was shown on Lawson Road.Staff replied that it recognized existing conditions in the area and explained the definition of MCI. Commissioner Berry asked what percentage of the Future Land Use Plan recognized existing conditions.Mr.Minyard stated that the majority of the area,well in excess of 70 percent,recognized existing uses. Mr.Phillip Baldwin expressed concerns about the roadways in the area.He stated that the proposed city park was in the wrong area.He continued that the reasoning was to take the park into the city and questioned what effect the city park will have on the area. James Watson stated that he was opposed to the rezoning on Reynard Road. Chairman Downing stated that the item was the Future Land Use Plan,not zoning It was determined that the item he was speaking about was item 3.27 which would be heard later and he could speak on it at that time. 5 April 25,2002 ITEM NO.:2 (Cont.)FILE NO.:LU02-17-01,LU02-21-01 LU02-22-01 LU02-29-01 LU02-30-01 A woman,who owns USA Auto in Ferndale,asked what Neighborhood Commercial was and how it affected her.Mr.Minyard defined the land use plan categories for her location and about zoning her property in the future.He also explained the status of non-conforming status. Commissioner Downing explained the difference in the Future Land Use Plan and Zoning.A motion was made and seconded to approve the Future Land Use Plan as presented by staff.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. 6 April 25,2002 ITEM NO.:3 FILE NO.:Z-7164 Name:Zoning Plan —Crystal Valley,Burlingame Valley,West Fourche,Barrett and Buzzard Mountain Planning District Location:Parts of West Pulaski County,south of Lake Maumelle and east of Ferndale south to Fourche Creek area Receuest:To Establish Zoning Regulations Source:City Staff On April 17,2001 the Board of Directors of the City of Little Rock approved a resolution expressing 'an intent'o zone the areas included in this item.Little Rock has used this process in the past:1)to announce the intent to zone,2)begin work of reviewing the area for the Land Use Plan,3)development of a Land Use Plan for the area,4)the holding of meetings in the area to allow residents and property owners the chance to suggest changes to the Land Use Plan,5)to tell residents and property owners what the city needs in order to zone property other than single family,6)to review the plan for changes requested,7)to take requests for non-single family zoning,8)to develop a package of land use and zoning items for the Planning Commission to review,9)hold a public hearing before the Planning Commission to hear the items,and finally 10)to hold a public hearing before the Board of Directors to hear the items.We are now at step nine in this process after a year of work and meetings.Three times in 1990,1991 and 1999 this process has been used to initiate zoning in areas beyond the city limits. The City implements zoning in areas within the Planning Area of the City in an attempt to assure that any development which does occur prior to annexation is orderly and minimizes future costs to the taxpayers of the City.For the owners in the area,zoning allows them more security in knowing what may happen next door and a chance to voice their concerns about the impacts of any future development.It is important to note that the actions of the City do not require that an existing establishment cease to operate,even if the neighbors might wish it to stop.All existing uses that may not be zoned 'appropriately'or the current use are 'grand-fathered in'become legally non- conforming uses).Many existing businesses have requested a non-residential classification and are listed later in this item for consideration of commercial or some other classification. The process used for this item was outlined in the first paragraph.Last spring after the Board of Directors approved an 'intent'o zone resolution,planning staff began pulling information on the area together.Existing conditions were documented,as were physical constraints to future development.A Land Use Plan was developed and contacts were made with county officials and leaders in the community to get initial reactions and suggestions.Property owners were identified and invited to meetings in the area.Information was provided on what was needed if a non-residential zone classification was desired and comments were received on the Land Use Plan. 1 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 The items listed below were generated as a result of these meetings. PROPOSAL /REQUEST: ITEM 3.0 —It is the practice of the City of Little Rock to zone all lands being annexed or included into the extraterritorial areas initially to R-2 Single Family.In this application, all lands will be zoned R-2 or,if the property owner had requested,to AF Agricultural 8 Forestry.Below is a list of those areas.Where individual property owners requested Agricultural 8 Forestry zoning,a specific street address is listed where possible;for R-2 zoning,entire sections of land are listed by the township range and section.As has been the practice of the City,Agricultural 8 Forestry requests are treated as single- family requests when reviewing the Land Use Plan. Z-7167 Part of T2N R14W Sec 32 to be zoned R-2,Single Family. Z-7168 Part of T2N R14W Sec 4 to be zoned R-2 except: Z-7168-A 10424 Barrett Road in T2N R14W Sec 4 to be zoned AF,Agricultural and Forestry. Z-7169 Part of T2N R14W Sec 5 to be zoned R-2 except. Z-7169-A 8611 Barrett Road in T2N R14W Sec 5 to be zoned AF. Z-7170 Part of T2N R14W Sec 6 to be zoned R-2 except: Z-7170-B 24201 Pleasant Grove Road in T2N R14W Sec 6 to be zoned AF. Z-7170-C 9524 Twin Mountain Lane in T2N R14W Sec 6 to be zoned AF. Z-7170-D 9525 Twin Mountain Lane in T2N R14W Sec 6 to be zoned AF. Z-7170-E 8000 Hood Road in T2N R14W Sec 6 to be zoned AF Z-7170-F 8324 Hood Road in T2N R14W Sec 6 to be zoned AF. Z-7170-G 24708 Pleasant Grove Road in T2N R14W Sec 6 to be zoned AF. Z-7171 Part of T2N R15W Sec 1 to be zoned R-2. Z-7172 Part of T2N R14W Sec 8 to be zoned R-2. Z-7173 All of T2N R14W Sec 7 to be zoned R-2. Z-7174 Part of T2N R15W Sec 12 to be zoned R-2 except: Z-7174-A 8414 Matthews Road in T2N R15W Sec 12 to be zoned AF. Z-7175 Part of T2N R15W Sec 11 to be zoned R-2 except: Z-7176 Part of T2N R14W Sec 17 to be zoned R-2. Z-7177 Part of T2N R14W Sec 18 to be zoned R-2 except: Z-7177-A 5100 Studer Road in T2N R14W Sec18 to be zoned AF. Z-7177-B 6212 Studer Road in T2N R14W Sec 18 to be zoned AF. Z-7177-C 6200 Studer Road in T2N R14W Sec 18 to be zoned AF. Z-7178 Part of T2N R15W Sec 13 to be zoned R-2. Z-7179 Part of T2N R15W Sec 14 to be zoned R-2. Z-7180 Part of T2N R14W Sec 20 to be zoned R-2. Z-7181 Part of T2N R14W Sec 19 to be zoned R-2 except: Z-7181-A 4810 Ferndale Cutoff in T2N R14W Sec 19 to be zoned AF. Z-7181-B 4909 Studer Road in T2N R14W Sec 19 to be zoned AF. Z-7181-C 5220 Studer Road in T2N R14W Sec 19 to be zoned AF. Z-7181-D Located on Studer Road in the NW of the NE of Section 19 T2N R14W to be zoned AF. 2 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 Z-7181-E Located on Studer Road in the NW of the NE of Section 19 T2N R14W to be zoned AF,Agriculture and Forestry. Z-7181-F 4600 Studer Road in T2N R14W Sec 19 to be zoned AF. Z-7182 Part of T2N R15W Sec 24 to be zoned R-2,Single Family. Z-7183 Part of T2N R15W Sec 23 to be zoned R-2 except: Z-7183-A 5220 Sword Lane in T2N R15W Sec 23 to be zoned AF.Request was for additional tracts that lie outside the jurisdictional area,but only tracts that lie within jurisdictional area will be zoned. Z-7184 Part of T2N R14W Sec 28 to be zoned R-2. Z-7185 Part of T2N R14W Sec 29 to be zoned R-2 except: Z-7185-A 5021 Ferndale Cutoff Road in T2N R14W Sec 29 to be zoned AF. Z-7186 Part of T2N R14W Sec 30 to be zoned R-2 Single Family except: Z-7186-B 2125 Lambert Road in T2N R14W Sec 30 to be zoned AF. Z-7186-D 3601 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-E 3601 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-F 24508 Blazer Road in T2N R14W Sec 30 to be zoned AF. Z-7186-G 3805 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-H 3801 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-1 3225 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7187 Part of T2N R15W Sec 25 to be zoned R-2 except: Z-7187-E 2910 Ferndale Cutoff in T2N R15W Sec 25 to be zoned AF. Z-7187-F 2910 Ferndale Cutoff in T2N R15W Sec 25 to be zoned AF. Z-7188 Part of T1N R14W Sec 4 to be zoned R-2 except: Z-7188-A Located on Burlingame Road east of Walnut Grove Road in T1N R14W Sec 4 to be zoned AF.This request includes land that was previously in the extraterritorial planning boundary.Staff supports the entirety of the request. Z-7188-B 1720 Walnut Grove Road in T2N R14W Sec 33 to be zoned AF. Z-7188-D 120 Walnut Grove Road in NW T2N R14W Sec 33 to be zoned AF. Z-7188-E 1120 Walnut Grove Road in the SW T2N R14W Sec 33 to be zoned AF. Z-7189 Part of T2N R14W Sec 32 to be zoned R-2 except: Z-7189-A Robert 8 Sandra Bradford,19312 Burlingame Rd,T2N R14W Sec 32, originally filed for C-3 zoning,then amended the application to AF on April 4, 2002.This property is shown as Single Family on the Land Use Plan.The applicant realizes that the existing two offices on their property,a travel office and a packing company,would be non-conforming uses. Z-7189-B 23815 Kanis Road in T2N R14W Sec 32 to be zoned AF. Z-7189-C 1815 Thompson Lane in T2N R14W Sec 32 to be zoned AF. Z-7189-D 24311 Kanis Road in T2N R14W Sec 32 to be zoned AF. Z-7189-E 24303 Kanis Road in T2N R14W Sec 32 to be zoned AF. Z-7189-F 21002 Burlingame Road in T2N R14W Sec 32 to be zoned AF. Z-7189-G 19500 Burlingame Road in T2N R14W Sec 32 to be zoned AF. Z-7190 Part of T2N R14W Sec 31 to be zoned R-2 except: Z-7190-A 24123 Burlingame Road in T2N R14W Sec 31 to be zoned AF. Z-7190-B 25611 Kanis Rd in T2N R14W Sec 31 to be zoned AF. Z-7191 Part of T1N R14W Sec 4 to be zoned R-2. Z-7192 Part of T1N R14W Sec 5 to be zoned R-2 except: Z-7192-A 1000 Lake Roman Lane in T1N R14W Sec 5 to be zoned AF. 3 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 Z-7192-B 600 Jabo Lake Road in T1N R14W Sec 5 to be zoned AF,Agriculture and Forestry. Z-7193 Part of T1N R14W Sec 6 to be zoned R-2,Single Family. Z-7194 Part of T1N R14W Sec 10 to be zoned R-2. Z-7195 Part of T1N R14W Sec 9 to be zoned R-2 except: Z-7195-C 20701 Colonel Glenn Road in T1N R14W Sec 9 to be zoned AF. Z-7195-D 20711 Colonel Glenn Road in T1N R14W Sec 9 to be zoned AF. Z-7195-G 2425 Beauchamp Road in T1N R14W Sec 9 to be zoned AF. Z-7196 Part of T1N R14W Sec 8 to be zoned R-2. Z-7197 Part of T1N R14W Sec 14 to be zoned R-2. Z-7198 Part of T1N R14W Sec 15 to be zoned R-2. Z-7199 Part of T1N R14W Sec 16 to be zoned R-2. Z-7200 Part of T1N R14W Sec 23 to be zoned R-2 except: Z-7200-A 18103 Joanwood Lane in T1N R14W Sec 23 to be zoned AF. Z-7200-B 18100 Joanwood Lane in T1N R14W Sec 23 to be zoned AF. Z-7201 Part of T1N R14W Sec 26 to be zoned R-2. ITEM 3.1 This section deals with the zoning of land owned by the City of Little Rock's Park and Recreation department designated and designed as a park on the City Master Parks Plan.The Parks Plan designs a large community park within the area.As required by the City zoning ordinance,any land owned by the City and proposed for park development in the plan is appropriate for zoning to Park and Recreation (PR). Z-7178-A Located in T2N R15W Sec 13,all of this section south and east of Garrison Road to be zoned PR,Park and Recreation. ITEM 3.2 This section concerns the Central Arkansas Water property that includes Lake Maumelle and the office/plant facilities on Highway 300.(This is a small fraction of their ownership in the area.)The zoning request for their land is OS,Open Space.This area is basically wooded and is the watershed area for Lake Maumelle.It is the goal of Central Arkansas Water to protect this water source by strictly controlling development within the watershed.To this end,the OS classification is best designed to protect the watershed,it allows very few types of development.The Water Utilities goal of keeping urban development out of the watershed is consistent with the OS zoning.They have requested a CUP,Conditional Use Permit,for their facilities (plant,residence,intake valves,etc).The Open Space classification allows for utility within the district with a Conditional Use Permit.The functions requested are existing and necessary of the function of the lake as the water source for Little Rock. Z-7165-A Part of T3N R14W Sec 34 to be zoned OS CUP,Open Space Conditional Use Permit for their facilities (plant,residence,intake valves,etc). Z-7165-B Part of T3N R14W Sec 34 to be zoned OS,Open Space. Z-7166 Part of T3N R14W Sec 33 to be zoned OS,Open Space. Z-7167-A Part of T3N R14W Sec 32 to be zoned OS,Open Space. 4 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 The following two zoning cases are for residential zonings. ITEM 3.3 Z-7176-A 8406 8 8404 Ferndale Cutoff in T2N R14W Sec 17 to be zoned MF-6,Multi Family.This is an existing single-family house and a four-plex apartment building on a one-acre tract of land.The applicant has expressed a desire in the future to convert one of the larger units in the four-plex into two units that would increase the density to six units per acre. ITEIVl 3.4 Z-7196-B 23200 Colonel Glenn Road,in T1N R14W Sec 8 to be zoned PRD,Planned Residential District.Currently,there is a stick built single-family home and a manufactured home on the site with separate utilities for each and shared septic tank system (12000 gal tank).The desire of the applicant is to remove the manufactured home and replace it with a stick built house with a 110'+/-setback from the side yard.A new workshop /garage building in the rear would be added at the same time with a 30'etback on back and side yards.Adequate setbacks are proposed on all property lines.This would make the density of one house per 2.32 acres. The following items are for existing businesses in areas shown as non-residential on the Land Use Plan. ITEM 3.5 Z-7172-A King's One Stop located at 23724 Highway 10 in T2N R14W Sec 8 to be zoned C-3,General Commercial.This property is shown as Commercial on the Land Use Plan.Current uses listed by the applicant include a convenience store, used car lot,a building with three units currently leased to a church.Past uses listed by the applicant include an auction,barbershop/salon and restaurant.Future plans listed by the applicant might include storage units,car wash,commercial office spaces combined with small warehouses,retail shops,and fast food restaurant.Auctions,if totally enclosed with no outside activities,would be C-3.The following uses would require a Conditional Use Permit in C-3:eating establishment with drive-in,car wash, mini-warehouse,and office warehouse.Used car sales would require C-4,Open Display Commercial.Surrounding uses include a fraternal lodge,a siding company,and office uses.Staff supports the C-3 zoning request. ITEM 3.6 Z-7187-C JC's Family Dining located at 27024 Kanis Road in T2N R15W Sec 25 to be zoned C-4,Open Display Commercial.This property is shown as Commercial on the Land Use Plan.The application states that they operate a restaurant with drive through service.Surrounding uses include a church,grocery /convenience store,veterinarian,auto salvage and single-family house.Staff does not support the C- 4 zoning request but would support C-3 zoning for this location, ITEM 3.7 Z-7187-D Doubletree Veterinary Clinic located at 2626 Ferndale Cutoff in T2N R15W Sec 25 to be zoned PCD,Planned Commercial District.This property is shown as Commercial on the Land Use Plan.The applicant has requested the PCD to include his veterinary clinic and C-1,Neighborhood Commercial uses.The applicant has submitted a site plan showing an additional proposed building to the southwest with 5 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 a 2'etback.Staff feels that a minimum of 10's needed on the setback and that buffering and landscaping is required on the side yard for vehicle use areas. Surrounding uses include a church,grocery /convenience store,restaurant,auto salvage and single-family house.Staff supports the PCD with the recommendations noted. ITEM 3.8 Z-7187-G Ferndale Grocery located at 2504 Ferndale Cutoff Road in T2N R15W Sec 25 to be zoned C-4,Open Display Commercial.This property is shown as Commercial on the Land Use Plan.The request includes tracts that lie outside the jurisdictional area,but only tracts that lie within jurisdictional area will be zoned.Uses listed by the applicant include grocery store,convenience store with gas pumps,video rental,deli sandwiches,tobacco sales,and a three bay carwash.All are permitted uses in C-3,but the car wash would require a C-4 or a CUP in C-3.Surrounding uses include a church,restaurant,veterinarian,auto salvage and single-family houses.Staff does not support the C-4 zoning request but would support C-3 zoning with a CUP for this location. ITEM 3.9 Z-7187-H Pleasant Grove Baptist Church,located at 27025 Kanis Road in T2N R15W Sec 25 to be zoned 01,Quiet Office.This property is shown as Commercial on the Land Use Plan.The request includes tracts that lie outside the jurisdictional area,but only tracts that lie within jurisdictional area will be zoned.0-1 has churches as a permitted use.Surrounding uses include a grocery /convenience store, restaurant,veterinarian,auto salvage and single-family houses.Staff supports the 0-1 zoning request. ITEM 3.10 Z-7195-B Youth Home,Inc.located at 20400 Colonel Glenn Road in T1N R14W Sec 9 to be zoned POD,Planned Office Development.This property is shown as Public Institutional on the Land Use Plan.Youth Home is a private non-profit residential psychiatric treatment center of adolescents.It offers residential,outpatient and day treatment services.Uses include administration building including cafeteria and gymnasium,five residential treatment houses,a school with a maximum of 92 students,maintenance facility including a 15,000 GPD wastewater treatment plant and outdoor recreational facilities.Shown on the plans submitted is a new residential housing building that may include some public spaces for training seminars etc. Surrounding uses include single-family houses and a small commercial use.Staff supports the POD zoning request. ITEM 3.11 Z-7196-A Old Trading Post Grocery located at 22921 Colonel Glenn Road in T1N R14W Sec 8 to be zoned C-3,General Commercial.This property is shown as Neighborhood Commercial on the Land Use Plan.Current uses include convenience store;gas,diesel and kerosene sales;hot and cold sandwiches;and fireworks sales.The applicant also uses an outbuilding to store and sell feed and fertilizer.Surrounding uses are single-family houses.Staff supports the C-3 zoning request. ITEM 3.12 Z-7198-A Paul's One Stop located at 19440 Lawson Road in T1N R14W Sec 15 to be zoned C-3,General Commercial.This property is shown as Commercial 6 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 on the Land Use Plan.Uses listed by the applicant include convenience store with gas pumps,dine in restaurant and gift shop.All of these uses are permitted uses in C-3. Surrounding uses include a company that rents construction trailers,and other commercial uses.Staff supports the C-3 zoning request. ITEM 3.13 Z-7200-C Kenny's Auto Sales 5 Parts located at 18305 Lawson Road in T1N R14W Sec 23 to be zoned PCD,Planned Commercial Development.This property is shown as Mixed Commercial Industrial on the Land Use Plan.Current uses are a junk /salvage yard and auto sales.The requested uses are:all C-4 permitted uses;beauty and barbershop;tanning salon;and automobile salvage yard.Barberkbeauty shops and tanning salons are by right in C-1,and a junk or salvage yard is permitted in I-3.A site plan was submitted showing existing buildings and proposed buildings.One proposed building is to be built on an existing slab at the western property line.Staff feels that the minimum setback should be 15'n side property lines.The proposed front setbacks,as stated by applicant,90'nd 105're adequate.Buffering and landscaping is required on the side yard for vehicle use areas.Surrounding uses include printing shops,single- family homes,a store fixture company,and upholstery shop.Staff does support the request with recommendations noted. ITEM 3.14 Z-7200-D Shelly's Fine Upholstery located at 18536 Lawson Road in T1N R14W Sec 23 to be zoned C-4,Open Display Commercial.This property is shown as Commercial on the Land Use Plan.Uses specified by the applicant are furniture,boat and auto upholstery.The applicant also lives on the site.These activities are performed in a mobile home,a 12x28 metal building with a lean to that is being enclosed and tractor-trailer compartment with steps and ramps to store materials and jobs.Staff does not support the requested zoning. The following items are for vacant property or single-family houses to be zoned commercial in areas shown as Commercial on the Land Use Plan: ITEM 3.15 Z-7187-A Located at 27017 Kanis Road in T2N R15W Sec 25,an existing single-family rental house to be zoned C-1,Neighborhood Commercial.This property is shown as Commercial on the Land Use Plan.Single-family houses are permitted uses in C-1.Surrounding uses include a church,grocery/convenience store, restaurant,veterinarian,auto salvage and single-family houses.Staff does not support the requested zoning. ITEM 3.16 Z-7187-B Located at 27017 Kanis Road in T2N R'l5W Sec 25,a vacant lot to be zoned C-1,Neighborhood Commercial.This property is shown as Commercial on the Land Use Plan.Surrounding uses include a church,grocery /convenience store, restaurant,veterinarian,auto salvage and single-family houses.Staff does not support the requested zoning. ITEM 3.17 Z-7187-1 Located at 26810 Kanis Road in T2N R15W Sec 25,to be zoned C-4,Open Display Commercial.On the Land Use Plan,this property is shown as Commercial on the west half and Low Density Residential on the east half.The current 7 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 use on the property is a single-family house.Surrounding uses include a convenience store,auto salvage,single-family houses,and a gas tank storage facility.Staff does not support the requested zoning. ITEM 3.18 Z-7188-C Located at the northwest corner of Kanis Road and Walnut Grove Road in T2N R14W Sec 33 to be zoned AF CUP,Agricultural and Forestry Conditional Use Permit.On the Land Use Plan,it is shown as Neighborhood Commercial.The property is currently wooded and vacant.The proposed uses are for a single-family house and a dog daycare,boarding and training business.Surrounding uses area wooded tracts of land and single-family houses.Staff does not support the requested zoning. ITEM 3.19 Z-7195-E NW Corner of Colonel Glenn Road and Beauchamp Road in T1N R14W Sec 9,currently a wooded lot,to be zoned C-4 Open Display Commercial. This property is shown as Neighborhood Commercial on the Land Use Plan. Surrounding uses are wooded tracts and single-family houses.Staff does not support the requested zoning. ITEM 3.20 Z-7195-F SE Corner of Colonel Glenn Road and Beauchamp Road in T1N R14W Sec 9,currently a wooded lot,to be zoned C-4 Open Display Commercial. This property is shown as Neighborhood Commercial on the Land Use Plan. Surrounding uses are wooded tracts and single-family houses.Staff does not support the requested zoning. The following items are for existing non-residential uses in areas shown as Single Family on the Land Use Plan. ITEM 3.21 Z-7170-A 24201 Pleasant Grove Road in T2N R14W Sec 6 to be zoned C1,Neighborhood Commercial.This property is shown as Single Family on the Land Use Plan.The request is to zone 1.55 acres on the southern boundary of the property for a pottery studio,which is a permitted use in C-1.Surrounding uses are wooded tracts and single-family homes.Staff does not support this request. ITEM 3.22 Z-7170-H 24708 Pleasant Grove Road in T2N R14W Sec 6 to be zoned C1,Neighborhood Commercial.This property is shown as Single Family on the Land Use Plan.The request is to zone 1.02 acres on the southern boundary of the property for a gift shop,which is a permitted use in C-1.Surrounding uses are wooded tracts and single-family homes.Staff does not support this request. ITEM 3.23 Z-7182-A 4300 Garrison Road in T2N R15W Sec 24 to be zoned C4, Open Display Commercial.This property is shown as Single Family on the Land Use Plan.The applicant states uses of office (Arkansas Vehicle Title Co.),used auto sales (Ferndale Wholesale Inc.),auto repair shop and auto salvage.These are C-4 uses with the exception of the auto salvage which is an 1-3 use.Surrounding uses are wooded tracts and single-family homes.Staff does not support this request. 8 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 ITEM 3.24 Z-7186-A Located at 2125 Lambert Road in T2N R14W Sec 30 to be zoned C-4,Open Display Commercial.This property is shown as Single Family on the Land Use Plan.The request is to zone one acre on the southern boundary of the property for a used auto dealership.Currently,it is operated as a wholesale business, with the offices in an adjacent barn on the property.The applicant wishes to reserve the right for retail sales of autos in the future.Surrounding uses are wooded tracts and single-family homes.Staff does not support this request. ITEM 3.25 Z-7186-J Legacy Builders located at 24907 Kent Lane in T2N R14W Sec 30 to be zoned C-4,Open Display Commercial.This property is shown as Single Family on the Land Use Plan.On April 5,2002,the applicant has revised his application to PDC,Planned District Commercial and noted existing and proposed buildings and vehicular use areas (employee parking and equipment parking). Surrounding uses are wooded tracts and single-family homes.Staff supports this request. ITEM 3.26 Z-7195-A 2610 Betty Drive in T1N R14W Sec 9 to be zoned C4,CUP. This property is shown as Single Family on the Land Use Plan.The CUP is for parking excavating equipment on the property.The applicant has stated that the equipment would not be parked on the same lot every time,and that this CUP would need to be for lots 2,3,18,and 19.Surrounding uses are wooded tracts and single-family homes,Staff supports this request. ITEM 3.27 Z-7198-B 3301 Reynard Road in T1N R14W Sec 15 to be zoned C-4, Open Display Commercial.This property is shown as Single Family on the Land Use Plan.The applicant has a business,Oaks Racing,in which two racecars are housed in a garage on his property.Surrounding uses are wooded tracts and single-family homes.Staff does not support this request. The following items are vacant properties requesting commercial zoning in areas shown as Single Family and Park/Open Space on the Land Use Plan: ITEM 3.28 Z-7171-A 26711 Highway 10 south side of road in T2N R15W Sec 1 to be zoned C-3,General Commercial.This property is shown as Single Family and Park/Open Space on the Land Use Plan.Surrounding uses to the east are trailer sales, a sign company,vacant commercial building,and restaurant.Surrounding uses to the west are wooded tracts and single-family houses.Staff does not support this request. ITEM 3.29 Z-7171-B 26712 Highway 10,north side of road in T2N R15W Sec 12 to be zoned C-3,General Commercial.This property is shown as Single Family and Park/Open Space on the Land Use Plan.Surrounding uses to the east are trailer sales, a sign company,vacant commercial building,and restaurant.Surrounding uses to the west are wooded tracts and single-family houses.Staff does not support this request. ITEM 3.30 Z-7186-C The east side of the intersection of Roberts Road and Alneta Loop in T2N R14W Sec 30 to be zoned C-4,Open Display commercial.This property is 9 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 shown as Single Family on the Land Use Plan.The applicant wants to "place storage buildings and possible multi-family on this property."Surrounding uses area wooded tracts and single-family houses.Staff does not support this request. ITEM 3.31 Z-7172-B 23200 Highway 10 HW in T2N R14W Sec 8 to be zoned C-3 General Commercial.This property is shown as Single Family and Low Density Residential on the Land Use Plan.This property has frontage on Highway 10 and Ferndale Cutoff,but does not include the corner.Surrounding uses are a greenhouse/landscaping company,fire station,and single-family houses.Staff does not support this request. STAFF RECOMMENDATIONS: As listed in each sub-item. PLANNING COMMISSION ACTION:(April 25,2002) Brian Minyard,of Planning Staff,made a presentation concerning why zoning in extraterritorial areas is important and a brief description of non-conforming uses.Item 3.0,which includes all areas to be R-2 Single Family and AF Agricultural and Forestry, was read.It was explained that all lands in the extraterritorial areas were to be zoned either R-2 or AF initially.Further sub parts of this item will deal with rezoning these parcels to another zoning category.A motion was made to approve the R2 and AF initial zoning of the area.The motion was approved (8 for,0 against,3 absent). The next section taken up by the Commission were those items that conformed to the just adopted Land Use Plan and Staff recommended approval.These were grouped and read together.These items are as follows: ITEM 3.1 Z-7178-A City of Little Rock Parks and Recreation,PR ITEM 3.2 Z-7165-A,Z-7'l65-B,Z-7166,Z-7167-A Central Arkansas Water,OS, OS CUP ITEM 3.3 Z-7176-A 84068 8404 Ferndale Cutoff,MF-6 ITEM 3.4 Z-7196-B 23200 Colonel Glenn Road,PRD ITEM 3.5 Z-7172-A King's One Stop,23724 Highway 10,C-3 ITEM 3.6 Z-7187-C JC's Family Dining,27024 Kanis Road,C-3 ITEM 3.7 Z-7187-D Doubletree Veterinary Clinic,2626 Ferndale Cutoff,PCD ITEM 3.9 Z-7187-H Pleasant Grove Baptist Church,27025 Kanis Road,0-1 ITEM 3.10 Z-7195-B Youth Home Inc.,20400 Colonel Glenn Road;POD ITEM 3.11 Z-7196-A Old Trading Post Grocery,22921 Colonel Glenn Road; C-3 ITEM 3.12 Z-7198-A Paul's One Stop,19440 Lawson Road,C-3 ITEM 3.15 Z-7187-A 27017 Kanis Road,C-1 ITEM 3.16 Z-7187-B 27017 Kanis Road,C-1 ITEM 3.18 Z-7188-C NW Corner of Kanis and Walnut Grove Road,AF CUP 10 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 ITEM 3.32 Z-7181-D Studer Road in the NW of the NE of Section 19 T2N R14W to be zoned AF CUP for riding stables. ITEM 3.25 Z-7186-J Legacy Builders,24907 Kent Lane,PDC ITEM 3.26 Z-7195-A 2610 Betty Drive,C-4 CUP There was a motion to approve the items as read with Staff comments and recommendations and was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission next took up item 3.8 (Z-7187-G,Ferndale Grocery located at 2504 Ferndale Cutoff Road).Mr.Minyard made a brief presentation concerning Staff support of C-3 CUP instead of the C-4 as requested by applicant.It was discussed with the owner that the replacement of older style gas pumps with new style pumps would be a maintenance item.A storage area in the car wash is used for storage of feed that is sold.The applicant had left earlier in the meeting and was not available for comment. A motion was made to defer this item to the May 23,2002 agenda.Staff made the comment that Staff was supportive of C-3 zoning in the Ferndale,but not C-4.There was discussion as to whether to zone it,or defer it.There was also a discussion of whether the City was the applicant or the owner was the applicant.Jim Lawson, Planning Director,stated that Staff had worked with her on her request,but Staff was the applicant and she had worked through us.There was no filing fees paid by the owner,etc.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. The next item discussed by the Commission was item 3.13 (Z-7200-C,Kenny's Auto Sales 8 Parts located at 18305 Lawson Road).Mr.Minyard made a presentation that the proposed PCD included all C-4 uses,auto salvage yard,barber/beauty shop and tanning salon.Mr.Minyard continued that the item had been amended since the Staff report had been printed.The changes are 1)to remove the proposed building on the west property line.This would result in three buildings total with one proposed on the east.2)To leave a 15'uffer undisturbed on the side and rear property lines,except on the west side from the back of the existing building to the front property line,which is a driveway and vehicular storage area for auto sales.The existing trees in the 15'uffer areas will not be cut,and any volunteer trees that sprouts will be allowed to grow.3)No cars or other storage of any kind will be allowed in the 15'uffer.4)The existing opaque metal fence along the east portion of the front property line will be removed with the addition of the new building to the east. Staff noted that upon inspection of the property,there is a use of racecar repair/fabrication,which is a C-4 use,which is already included in the PCD application. Mr.Kenny Loux,owner of Kenny's Auto Salvage,approached the podium and confirmed that the changes stated were correct.Mr.Loux stated plans of future expansion.Commissioner Rector asked Staff if there recommendation had changed with the changes to the application.Staff stated support of the application with the changes.Commissioner Floyd asked the size of the property.Mr.Locke answered that it was 4.6 acres. 11 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 George Heineman spoke in concern of the 15'uffer and desired more buffer width.He also discussed the mosquito problem in the area.There was a question by Commissioner Rector as to the depth of the existing buffers.Mr.Heineman asked how high the cars could be stacked.Mr.Giles,City Attorney Staff,stated that under salvage yard ordinance states that the maximum height for storage is 15'. Mr.Kenneth Simpson spoke in concern to buffers and excavation of land for the new building could create water problems on his property.A six-foot fence will not screen his property from the views of cars.Photos were handed to the commissioners.Mr. Simpson continued to discuss the views into the salvage yard.He asked what would happen with the existing cars with the additional buildings.Mr.Loux responded that there would be fewer cars if they warehouse parts in the buildings.There would be fewer cars on the lot.Mr.Simpson stated issues about tire storage in the buffer areas and the health hazard.Commissioner Floyd discussed the drainage onto other people' property.Mr.Simpson spoke about running of auto racing cars after hours.Mr.Loux amended his application to prohibit cars being run after 10:00 p.m.A motion was made to approve the application with all Staff conditions and recommendations and amendments made by the owner.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission proceeded to item 3.14 (Z-7200-D,Shelly's Fine Upholstery located at 18536 Lawson Road).Mr.Minyard presented the item.Commissioner Floyd asked what the Staff recommendation was.Mr.Minyard responded that Staff did not support C-4 zoning.Mr.Lawson added that Staff would support a PCD for the existing use of upholstery shop.The applicant stated that she was planning to move eventually and hire employees.She had started a lean-to on the metal building and wants to enclose the lean-to.Staff would support the PCD for existing uses that would include the enclosure of the lean-to on the metal building.A motion was made to approve the application as a PCD with all Staff recommendations.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission proceeded to item 3.17 (Z-7187-1,Located at 26810 Kanis Road). Brian Minyard made a presentation to the Commission.Staff does not support C-4,but would support C-3.The owner,Lech Matuszewski,stated that lot one is in the extraterritorial area,and that the zoning on lot one would affect lot two.He distributed a map to the commissioners.He stated that C-4 would reflect the businesses on the opposite side of the road.Then Matuszewski described the surrounding uses and the type of zoning each would fit within,as he understood. Mr.Lawson stated that Staff is comfortable with C-3 and that C-4 is inconsistent.Mr. Matuszewski stated that the industrial uses on two sides of his property makes it suitable for C-4.Commissioner Downing asked Staff what the gas storage tank would be.Mr.Lawson stated that anytime extraterritorial zoning is extended,there would be non-conforming uses.Staff is recommending C-3 since he does live next to those uses. Commissioner Floyd and Mr.Matuszewski enter into a conversation on the differences of C-4 and C-3.Commissioner Rahman stated his preference for C-3.A motion was 12 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 made to approve the zoning as C-3 as Staff recommended.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission proceeded to ITEM 3.19 and item 3.20 (Z-7195-E,East side of Beauchamp Road and Z-7195-F,West side of Beauchamp Road respectively).Since the properties are owned by the same person and are adjacent,they were read and discussed at the same time.Brian Minyard made a presentation to the commission.He continued that the graphics were incorrect.The property should be the same size,but directly south of the area shown.Beauchamp Road bisects the property on the western edge.He also continued that the Future Land Use Plan shows Neighborhood Commercial and Staff would support C-1 for this property.Mr.Greg Brewer,owner of the property stated that he would like to have C-4 for a farm store to sell small tractors, etc.which is a future plan.He continued about the need for this type of business in the area.Commissioner Rector suggested if there were concrete plans for a farm supply store in a planned development,there might be support for this zoning.A motion was made to approve Z-7195-E as C-1 as Staff recommended.The motion was approved with a vote of 7 ayes,1 no and 3 absent.A motion was made to approve Z-7195-F as C-1 as Staff recommended.The motion was approved with a vote of 7 ayes,1 no and 3 absent. The next item considered by the Commission was item 3.21 (Z-7170-A,24201 Pleasant Grove Road).Staff made a presentation.Laura Phillips,owner,stated that the business was low impact with no signage.Tom Frothingham stated that they were willing to exclude any other commercial use.They desire studio use and limited commercial sales.Mr.Lawson stated that there were reservations about C-1 zoning versus PCD.The owner explained limited retail sales was an invitation only event for sale of pottery.They also stated that they might want to expand their building in the future.Commissioner Floyd asked about the location.Commissioner Rahman discussed the expansion with the applicant.The owner stated the current studio is 900 square feet and they may want to expand 40%.A motion was made to defer to the May 23,2002 agenda and was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission next considered item 3.22 (Z-7170-H,24708 Pleasant Grove Road). A presentation was made by Brian Minyard,of Staff.The owner,Nancy Gunn Porter, had stated on the phone that she would be amenable to amending her application to PCD.Mr.Porter stated that they had been operating "Twigs'he gift shop for 5 or so years.The owner was concerned about expansion in the future and not wanting to reappear in front of the Planning Commission again.Mr.Lawson suggested that they draw up plans as to their expansion,and come back to the commission.The owner expressed his desire to defer to the May 23,2002 agenda,A motion was made to defer and was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission proceeded to item 3.23 (Z-7182-A,4300 Garrison Road).Brian Minyard of Staff made a presentation.The owner,BJ Barnett stated that he had requested C-4.He has operated a used car lot on the property since 1972.He stated that he did not want to be non-conforming.He currently has about 35 antique cars that are rebuilt or being rebuilt for sale.Mrs.Barnett stated that they were in their senior 13 April 25,2002 ITEM NO.:3 Cont.F I L E NO.:Z-7164 years and did not have a lot more years to operate.She continued that the area will build up as retirees die off and sell their property.She wants to continue the business and care for their 50 year-old son that requires their care.Commissioner Downing asked how many cars were on the site.Mr.Barnett stated that it varies,with a max of 35.Commissioner Downing stated that they were not trying to put him out of business, but they would also consider what Mrs.Barnett had stated earlier of the potential use of the property after they do not own it.Mr.Barnett commented that with an arterial road, the chances are that all the property will become commercial along the road. Commissioner Downing wanted to know what Mr.Barnett wanted the Commission to consider;the use presently,or the use in ten years.Mr.Barnett stated that he was requesting for now and in the future.Commissioner Downing stated the surrounding area would be considered in his zoning request.He continued to ask Staff what could be done concerning their business.Mr.Lawson outlined the non-conforming status and that Planning Staff would work with Mr.Giles,to document their existing uses.Mr. Lawson continued that this location was not at an intersection.Commissioner Rector asked about rebuilding possibilities if a tornado hit the area.Mr.Lawson stated that in the past,the Mayor has made a proclamation that allowed for rebuilding due to tornadoes,etc.Mr.Barnett asked about remodeling his buildings and improving them. Staff replied that he could remodel,but not expand his buildings.Mr.Barnett commented about the possibility of passing his business to his grandson with a non- conforming status.Commissioner Rector stated that it had to be closed for more than 12 months to no longer be non-conforming.Mr.Lawson stated that it would require moving all stock and trade out to lose the non-conforming status.He continued that you could sell a non-conforming business to another person.Mr.Barnett asked if he could expand the storage area for his vehicles in the rear of his property.Staff confirmed with themselves and stated that Staff would need to document existing uses.Mr.Lawson stated that he could not buy additional property to use as storage for cars. Commissioner Downing stated concerns of zoning C-4 for the future uses.Mr.Barnett stated that in 20 years when every other property in the area was zoned commercial and his was not,that he would be losing value on his property.Commissioner Downing replied that if that was the case,those factors would be taken into account in that rezoning application and as of right now,the facts are not there to support C-4.A motion was made to approve the zoning as C-4.The motion failed with a vote of 2 ayes,6 noes and 3 absent. The next item considered by the Commission was item 3.24 (Z-7186-A,Located at 2125 Lambert Road).Mr.Minyard made a presentation to the commission.The question was asked of Staff what the difference was in this application and the last.Mr.Minyard stated that this was on a residential street,not an arterial,this was not a salvage yard and car sales,this was just car sales.Stacy Pectol,owner,stated that her husband was the sole employee of Dale Pectol Auto Sales.She stated that this business is the sole support of the family,and purchased the property to be in compliance with state regulations.She continued that she would like to be zoned for that use in case state requirements changed and she would no longer be in compliance with state requirements.Mr.Minyard,of Staff,recommended that they may wish to defer to May 23 and convert to a PCD and provide the accompanying sketches.She stated that they do not currently have cars displayed on the property and hope never to do so. 14 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 Commissioner Floyd asked if they were required to expand if they showed expansion on their plan.The answer was no.Mr.Lawson suggested that we convert the application to a PCD and get with the owner before the Board meeting to generate any sketches. Mrs.Pectol stated that converting to a PCD was okay.She asked questions as to if the one acre in question was denied,would it be R-2 or could it be zoned AF.The property includes a lighted riding arena for horses,a jumping course,etc.She stated that they do not have horses at the time,but may in the future.Mr.Lawson stated that the arena was non-conforming,but they would be permitted to use it.He also stated that Staff supported a PCD for the site for the one-acre.Commissioner Floyd asked how the PCD would be approved lacking a sketch.Mr.Minyard stated that Staff would approve a PCD for existing conditions,no outside display of cars with the office in the barn.A motion was made to approve a PCD as amended.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission next considered item 3.27 (Z-7198-B,3301 Reynard Road).Brian Minyard,of Staff made a presentation.The owner,Mike Oaks,asked for C-4 for a business for racecars that are built in a garage behind his house.There is not outside storage on the property.Commissioner Rector asked if he worked on anyone else' cars on the site,if it was only his cars.Mr.Oaks answered it was only his. Commissioner Rector asked if it required a commercial zoning.Mr.Lawson stated the best way to do it as a PCD or to document its'urrent conditions and use areas. Commissioner Downing asked about this being a home occupation.Mr.Lawson stated that this was not a listed use in home occupation. Mr.James Watson,a surrounding owner,was concerned about C-4 in a residential area. Mr.Lawson stated the Staff recommends that the Commission deny the C-4 request and the Staff will make an inspection of the site and document the uses.A motion was made to approve C-4.The motion was denied with a vote of 0 ayes,8 noes and 3 absent.Commissioner Downing added that the Commission was specifically opposed based on a record that will be maintained and available to the applicant noting what was said in this meeting today. The Commission next took up item 3.28 and item 3.29 (Z-7171-A,26711 Highway 10 south side of road and Z-7171-B,26712 Highway 10 north side of the road respectively).Brian Minyard made a presentation to the commissioners.Both items are owned by the same person and both items can be discussed at the same time. Mary Musgrove stated that she had no immediate plans to develop at this time,but for future use,would like to be at least a C-1.She continued that with the creek and other non-residential uses,it was not suitable for residential uses.Commissioner Floyd and Staff engaged in a conversation about the proximity of her property with the areas shown as Neighborhood commercial to the east.Mrs.Musgrove stated the house on the south side of the road east of her property was commercial at one time or another. Mrs.Musgrove stated that she was amending her application to C-1.Mr.Lawson 'l5 April 25,2002 ITEM NO.:3 Cont.FILE NO.:Z-7164 suggested that the Commission might consider zoning the north portion commercial and not the south. Commissioner Berry stated that he supported commercial on the north.Mrs.Musgrove asked for AF on the south side and amended her application as such. A motion was made to approve the zoning as AF for Z-717-A as amended by the owner. The motion was approved with a vote of 8 ayes,0 noes and 3 absent. A motion was made to approve Z-717-B to C-1 as amended by the owner.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission next considered item 3.30 (Z-7186-C,The east side of the intersection of Roberts Road and Alneta Loop).Brian Minyard made a presentation to the commission.The owner of the land was not present.Mr.Minyard continued,as was mentioned in the agenda meeting,that the owner's brother stated Mr.White did not own the property.Rather the property was in a trust for him and his brother to be received upon his father's death.A question was raised as to whether he could legally request zoning on the property.Mr.Lawson asked to withdraw this item.A motion was made to withdraw the application.The motion was approved with a vote of 8 ayes,0 noes and 3 absent. The Commission proceeded to item 3.31 (Z-7172-B,23200 Highway 10).Brian Minyard made a presentation the commission.Mr.Holowell,the owner of the property stated that his sister was in favor of the zoning,but he was not.A motion was made to withdraw the application.The motion was approved with a vote of 7 ayes,1 no and 3 absent. 16 April 25,2002 There being no further business before the Commission,the meeting was adjourned at 8:20 p.m. Date ~L'&CO & ecre a hairman