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HomeMy WebLinkAboutpc_09 12 1996LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD SEPTEMBER 12, 1996 3:30 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II. Approval of the Minutes of the Previous Meeting The Commission approved the minutes of the August 1, 1996 Planning Commission meeting by a unanimous vote. III. Members Present: Craig Berry Herb Hawn Bill Putnam Doyle Daniel Suzanne McCarthy Mizan Rahman Ron Woods Hugh Earnest Sissi Brandon Pam Adcock Members Absent: Larry Lichty City Attorney: Cindy Dawson LITTLE ROCK PLANNING COMMISSION REZONING AGENDA SEPTEMBER 12, 1996 3:30 P.M. I. DEFERRED ITEMS A. Detection System PCD (Z-5838-A) II. REZONING ITEMS 1. Z-5987-A 2. Z-6131-A 3. Z-591-C 4. Z-4853-A 10420 Helm Dr. 900 Block Autumn Road 4942 West Markham Street 13,300 Blk. Baseline Rd. 5. Z-1850-D 1201 Ringo Street 6. Z-6187 16,500 Blk. Lawson Road 7. Z-6186 2717 West 12th Street R-2 to C-4 R-2 to O-3 O-3 to C-3 R-2 and MF-12 to MF-6 R-4 to O-3 R-2 to O-3 I-2 to C-3 III. OTHER MATTER 8. Master Street Plan Amendment - Removing a collector N a Did H W � 3fztlHd 1nveIH1 _ W o W -- m - - - W U O — ti 9p � NtlWtl30 W - LL ? O (A V W NIVW AV OvOtl9 HOHV N0lA'ObA H 1S3H0 H3H380 p 0 Ana lw — �pNSpN ¢EE w r 0 - o MOH DidljjbJS _ H°bb 3NId o 8V030 No111WVH 1100S - S! !S NHVd 81VJ o w U v) A11S83AIN0 A11S83AIN0 SONIHdS WA30 o J' S3HOnH �S> �i IddSSIS IN IOOHO a Y MoudvH NHof 3-11V W 8IOA83S3H s h 3NN13H oe ¢ o e o, SIOHtlS F _ Otl0331MOVHS OH d31 VH J y o a 3 A NVHHVd ONOOH - - '< NtlNMOH � II W � S11NI1 AllO w �.Y, 30oltl AWIA coi °blg oe ppB�S y O V y Q - NVA1110S 1HVM31S Z sy� � S11WIl AllO O e W 3 � yiOl°0 31VaN831 September 12, 1996 ITEM NO.: A FILE NO.: Z-5838-A NAME: DETECTION SYSTEMS -- PLANNED COMMERCIAL DEVELOPMENT LOCATION: 14703 Kanis Road DEVELOPER: Detection Systems, Inc. 14703 Kanis Road Little Rock, AR 72211 ENGINEER• The Mehlburger Firm P. 0. Box 3837 Little Rock, AR 72203 AREA: 2.92 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: POD/Proposed PCD PROPOSED USES: Office/Mini-Storage PLANNING DISTRICT: #18 - Ellis Mountain CENSUS TRACT: 42.07 VARIANCES REQUESTED: Improvements on Kanis Road BACKGROUND: This application is the extension of a POD whereby the owner was permitted to located his business offices on the lot in a transition zone. That zone extends along the west side of Kanis, south to Cooper Orbit and north toward Pride Valley Road. Commercial is not included in the current Planned Office District. That POD maintained the balance of the tract as residential without a plan. A. PROPOSAL/REQUEST: To continue the development of this long narrow tract in a useful and productive manner. Proposed are six long buildings each about 20 feet by 250 feet long. The proposed buildings will have a painted, nonreflective, ribbed metal roof. The color is to be green. The westernmost 50 feet of the tract is proposed as a buffer. There will be RV parking adjacent to the buffer. The POD use, detection systems will remain on the front 200 feet plus or minus. There will be a resident manager housed in this existing building. September 12, 1996 ITEM NO.: A (Cont.) FILE NO.: Z-5838-A B. EXISTING CONDITIONS: The site is generally rising in elevation from the east at Kanis Road (460 feet M.S.L.) to the west end of tract (550 foot M.S.L.). This is a 90 foot change over 1,249 feet or almost one quarter mile. This site not completely cleared and has only the front buildings currently. The site abuts a county road standard two lane road (Kanis Road) as primary access. Most abutting lands are developed similarly with Kanis uses and long somewhat unused rear areas. Public Transportation None in this area C. NEIGHBORHOOD COMMENTS: None at this writing D. ENGINEERING COMMENTS: PUBLIC WORKS COMMENTS: The Traffic Engineer recommends a 20 foot center isle. Do not park recreational vehicles in the rear lot. Room needed to accommodate truck turn -around. Dedicate Master Street Plan right-of-way to 45 feet from centerline. Provide In -Lieu for Master Street Plan improvements for frontage. A grading permit is required prior to construction. E. UTILITY COMMENTS/FIRE DEPARTMENT: Wastewater: Outside service boundary Water: An acreage charge will apply. On site mains and hydrant plan needed. Arkla: OK AP&L: No response at this writing Southwestern Bell: Need easements Fire Department: Need 50 foot minimum radius at west end/RV parking County Planning: No comment E September 12, 1996 ITEM NO.: A (Cont.) FILE NO.: Z-5838-A F. ISSUES/LEGAL/TECHNICAL/DESIGN: Landscape Areas set aside for landscaping meet with Landscape Ordinance requirements. Trees and shrubs will be required around the perimeter of the site. Curb and gutter or another approved border will be required to protect landscape areas from vehicular traffic. There are many unresolved issues attendant to this project as follows: • Area devoted to landscaping needs to be defined - equal or less than code. • Show Kanis right-of-way existing and Master Street Plan. • Turning radius in RV area is not adequate - limit on length. Planning Division: The site is located in the Ellis Mountain District. The adopted Land Use Plan recommends Transition. The previous zoning was POD and Single Family (R-2) which is in conformance. The requested change expands the nonresidential use area and character. The resulting proposal is in conflict with the Plan. There has not been a change in the area to justify amendment of the Plan. G. ANALYSIS• The dimensions of the site are approximately 120 foot of frontage on Kanis Road by 1,200 feet deep. The Land Use Plan indicates that this proposal would be appropriate for only the first 150 feet west of Kanis Road. Beyond that point to the west, the Land Use Plan calls for Single Family. H. STAFF RECOMMENDATIONS: Deferral of this item until the Planning Commission meeting of September 12, 1996. During the continuance, staff will review the Land Use Plan for this area and report back to the Commission on September 12, 1996. 3 September 12, 1996 ITEM NO.: A (Cont.) FILE NO.: Z-5838-A SUBDIVISION COMMITTEE COMMENT: (JUNE 27, 1996) Mr. Frank Riggins was present for the application. He offered comments in support of the application. Planning and Public Works staff presented a lengthy list of design issues that perhaps the owner has not thought through. Some of these were noted as fire and safety issues and needed additional work. The Committee questioned Mr. Riggins about time and the possibility of deferral. After discussion of all the issues, the Committee suggested placement on Consent for deferral and bring it back next month. PLANNING COMMISSION ACTION: (JULY 18, 1996) The Chairman asked that Staff present this item for discussion. The staff offered its recommendation which was this proposal be placed on the Consent Agenda for deferral until August 29, 1996 meeting. Staff stated the reason for the deferral was that there were a sufficient number of problems at the Subdivision Committee level which precluded the completion of a review in time for the Planning Commission's hearing on this case. The Subdivision Committee directed that this item be placed on the Consent Agenda for deferral. Without further discussion, the item was placed on the floor for a motion. A motion was made to add this item to the Consent Agenda for deferral until August 29, 1996 meeting. The motion was seconded and passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open position. SUBDIVISION COMMITTEE COMMENT: (AUGUST 8, 1996) Mr. Frank Riggins was present to represent the applicant. Planning Staff reviewed with the engineer the deficiency list prepared at the June 27, 1996 Subdivision Committee meeting. Mr. Riggins unveiled an updated layout which answered the Fire Department turnaround concerns. However, many of the questions from staff remain unanswered. Mr. Riggins agreed to submit a revised plan. The item is to forwarded to the full Commission provided that a revised plan is submitted to staff no later than 5:00 p.m. Thursday, August 15, 1996. 4 September 12, 1996 ITEM NO.: A (Cont.) FILE NO.: Z-5838-A PLANNING COMMISSION ACTION: (AUGUST 29, 1996) The staff reported that this item required deferral to September 12 in order to permit sufficient time for review of the area land use plan. The Commission accepted the staff report and by unanimous vote placed this matter on the Consent deferred list. A motion for deferral was approved by vote of 8 ayes, 0 nays, 2 absent and 1 open position. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) Larry Jones summarized the staff report. He indicated that the proposal was deferred in order to allow the Planning Division to review the Land Use Plan for that area of Kanis Road. Tony Bozynski indicated that they had reviewed that portion of the Ellis Mountain District Plan adjacent to the subject property. There will be a study of this area which will take 6-8 months to complete. At this time, staff feels that there was no justification to change the plan from Single Family (R-2) to Commercial. Mr. Frank Riggins, project engineer, presented the project to the Planning Commission. Mr. Riggins stated that a Mini and RV Storage was a good use for this property. Ms. B.J. White, applicant, answered several questions from Commissioner Putnam. Ms. white stated that there was great demand for RV and boat storage in Little Rock. The commissioners discussed amongst themselves the various aspects of the proposal and the Land Use Plan. Commissioner Hawn called the question on the proposed of the existing Detection Systems POD. The Commission request by a vote of 2 ayes, 8 nays, and 1 absent. extension denied the 5 • September 12, 1996 ITEM NO.: 1 Z-5987-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Janis Morehart Morrow Janis Morehart Morrow 10420 Helm Drive Rezone from R-2 to C-4 Unspecified commercial use .23 acres vacant building (formerly used as service station) SURROUNDING LAND USE AND ZONING North - vacant land; zoned C-4 South - Railroad right-of-way; zoned R-2 East - Construction company; zoned I-2 West - Residential; zoned R-2 PUBLIC WORKS COMMENTS Master Street Plan right-of-way including radial dedication at intersection. with construction a contribution to the widening of the adjacent streets is required by the Boundary Street Ordinance. Items 1 to 5 from previous agenda on May 30, 1995 apply to this re -application. 1. Both Helm and Mabelvale are substandard streets and will require widening to 1/2 of 36 foot commercial street section with sidewalk. 2. Stormwater detention analysis will be required if impervious area is increased by 500 square feet. 3. Provide status of underground storage tanks before construction permit. 4. A grading permit for special flood hazard and a development permit are required. 5. Contact ADPC&E for approval prior to starting work. September 12, 1996 ITEM NO.: 1 Z-5987-A (Cont.) PUBLIC TRANSPORTATION ELEMENT This property is located one block east of a CATA bus route which travels Mabelvale west Road and Mabelvale Main. LAND USE ELEMENT The site is located in the Geyer Springs west District. The adopted Land Use Plan recommends Mixed Office Commercial. The request is in conflict with the Plan. "C-4" is too intense for this classification. (If the zoning is not Office, the Plan recommends mixed and/or Planned Development Process). STAFF ANALYSIS The request before the Commission is to rezone this .23± acre tract from "R-2" Single Family to "C-4" Open Display District. The site is occupied by a vacant building which once housed a service station. The applicant did not indicate a specific, proposed use for the site. The property has a history of commercial use which predates annexation. When the property was annexed, it was zoned R-2 and any nonresidential use occupying the site was rendered nonconforming. The C-4 nonconforming status was lost when the last legal permitted occupancy by an auto repair business closed in 1992. In 1995, in response to enforcement action by the City, the applicant attempted to have the property zoned C-4. The Planning Commission voted to approve the C-4 request on May 30, 1995. Staff had recommended denial. On July 18, 1995, the Board of Directors denied the C-4 request. The applicant then appealed that denial to the courts she was unsuccessful in having the Board's action reversed and has exhausted her legal remedies. The applicant has now filed an identical C- 4 rezoning application. Staff's opinion has not changed since this issue was first reviewed in 1995. The Geyer Springs west District Land Use Plan recommends Mixed Office Commercial for the site. A C-4 request is too intense for the MOC classification and is in conflict with the Plan. The MOC classification recommends a mixture of office and commercial uses through the Planned Development Process. The C-4 district is more appropriately located along heavily traveled major traffic arterials. Helm Drive is not an arterial, nor is it heavily traveled since the newly realigned Mabelvale Pike/Mabelvale west arterial was constructed one block to the north. The property is located in the block bounded by Helm Drive on the south and east, Mabelvale Main on the west and Mabelvale Pike on the north. Most of the properties within this block are still residential, either occupied by a residence or K September 12, 1996 ITEM NO.: 1 Z-5987-A (Cont.) vacant R-2 zoned lots. The C-4 zoned lot adjacent to the north is vacant. A small, R-2 zoned, nonconforming grocery store is located at the northeast corner of Helm Drive and Mabelvale Main. The C-4 request is incompatible with the surrounding land uses and is in conflict with the Land Use Plan. As such, staff cannot support the C-4 reclassification. STAFF RECOMMENDATION Staff recommends denial of the requested C-4 reclassification. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) Janis Morrow and Herb Wright were present representing the application. There was one objector present. Staff presented the item and a recommendation of denial. Mr. Wright addressed the Commission and gave a brief history of the site. He discussed the previous occupancy of the site by several auto related uses and spoke of the past attempt to have the property rezoned. Mr. Wright stated that his client was advised in 1993 that the property was zoned C-4 and had spent money improving the site before being advised that the property was actually zoned R-2. He described other nonresidential uses in the area and asked the Commission to approve the request. Kay Nutt, of 10400 Helm Drive, addressed the Commission in opposition to the rezoning. She stated that the previous use of the property as an auto sales lot was "junky and noisy". Commissioner Adcock asked why the agenda indicated the purpose of the rezoning as "unspecified commercial use". Dana Carney, of the Planning Staff, responded that the application did not identify any specific proposed use for the site. Commissioner Adcock asked if the C-4 request, as filed, would allow any use permitted in the C-4 district. Mr. Carney responded that it would. Jim Lawson, Director of Planning and Development, commented that an enclosed retail or office use might be appropriate for the site but that outside uses permitted by C-4 zoning were not. In response to a question from the Commission, Mr. Lawson stated that the Codes Enforcement staff had misinterpreted the zoning map and had incorrectly identified this site as being zoned C-4. 3 1. September 12, 1996 ITEM NO.: 1 Z-5987-A (Cont.) Mr. Wright stated that the proposed use of the site was an auto repair garage with occasional car sales. He stated that the building on the site had a garage bay and a vehicle lift. Janis Morrow stated that she was trying to obtain the C-4 zoning to accommodate the present tenant of the building. Commissioner Putnam asked if the tenant could operate the business within the building. Ms. Morrow responded that the tenant needed outside display area for auto sales. After a discussion of various options for the site, Commissioner Putnam asked if the applicant could accept C-3 zoning. Ms. Morrow responded that she could. Commissioner Rahman asked how many parking spaces were on the site. The applicant responded that parking spaces as such are not designated on the property but that there was space for approximately 12 cars. Commissioner Adcock asked how any commercial zoning for the site fit within the Land Use Plan. Mr. Lawson responded that the Plan showed Mixed Office and Commercial for the site and that staff could support a Planned Development which permitted C-1 uses. Kay Nutt stated that she had to live with whatever commercial use goes on the property whereas the people working in the business would leave to go home each day. Commissioner Hawn told Ms. Nutt that the Commission was looking at a zoning that prohibited outside display. Ms. Nutt stated that she would prefer use of the property to be limited to office. Mr. Carney commented that C-1 zoning did not permit auto related uses. Commissioner Putnam asked if there was not the potential for a lawsuit since the City had erroneously informed the applicant that the property was zoned C-4. Mr. Lawson stated that he would rather face the prospect of a lawsuit than rezone the property in violation of the Land Use Plan. Cindy Dawson, of the City Attorney's Office, commented that a Planned Development permitting C-1 and perhaps office uses would not deprive the applicant of the use of her property. Mr. Lawson stated that staff was not comfortable with permitting an auto repair garage on the site at this time. Mr. Wright stated that the building is basically only a mechanic's bay with a 250 square foot office and, as such, was not usable as only office space. He stated that he could accept C-3 zoning. 4 September 12, 1996 ITEM NO.: 1 Z-5987-A (Cont.) In response to a question from Ms. Dawson, Ms. Morrow stated that she was unfamiliar with the list of permitted C-1 uses. Commissioner Daniel stated that he could not support the application and recommended that it be deferred. Commissioner Putnam stated that movement of Mabelvale Pike changed the neighborhood. He noted that the site is located near a mainline railroad and pointed out other nonresidential uses in the area. In response to a question from Commissioner Adcock, Mr. Lawson discussed why the Plan recommends MOC for the site. Ms. Morrow stated that those commissioners who have been to the site would agree that the property is located in a commercial area. Mr. Wright then stated that the application was amended to a C-3 request. Mr. Lawson stated that the area is changing but that there are still residential uses in the area. He stated that auto repair is too intense a use for the area. Mr. Lawson stated that, whatever use is proposed, it is important to use the existing building. A straight rezoning, he noted, would allow removal of the building. Mr. Wright stated that he agreed to defer the item and amend the application to a Planned Development. In response to a question from Chairman Woods, Mr. Carney stated that October 24, 1996 was the next scheduled rezoning hearing but that it would not allow for Subdivision Committee review of the Planned Development. During the ensuing discussion, the Commission agreed to bring the item back without requiring Subdivision Committee review. A motion was made to defer the item to Commission meeting and not to require review. The motion was approved by a 0 noes and 1 absent. the October 24, 1996 Subdivision Committee vote of 10 ayes, 6i September 12, 1996 ITEM NO.: 2 Z-6131-A Owner: Autumn Road LLC Applicant: James Hathaway, Jr. Location: South of 908 Autumn Road Request: Rezone from R-2 to 0-3 Purpose: Incorporate into new office development on adjacent property Size: .59 acres Existing Use: Vacant property SURROUNDING LAND USE AND ZONING North - New, multi -story medical office building under construction; zoned 0-3 South - Single Family residence; zoned R-2 East - Pinnacle Point Hospital; zoned C-3 West - New, multi -story medical office building and parking lot under construction; zoned 0-3 PUBLIC WORKS COMMENTS Collector Street right-of-way and improvements to collector street standards will be required with construction. A conference with staff is recommended prior to construction plan submittal to discuss the site plan and improvements required by ordinance. Drainage and excavation ordinances will apply to construction. PUBLIC TRANSPORTATION ELEMENT There is no CATA bus route located within close proximity to this site. September 12, 1996 ITEM NO.: 2 Z-6131-A (Cont.) LAND USE ELEMENT The site is located in the I-430 District. The adopted Land Use Plan recommends Commercial. The request is for Office (0-3). There is no land use issue. STAFF ANALYSI The request before the Commission is to rezone this .59± acre tract from "R-2" Residential to "0-3" General Office. The property is currently wooded and undeveloped. Once rezoned, the property will be incorporated into a new office development. This area will be developed as a parking lot associated with a new, 5 story medical office building now being constructed on property to the north and west of this site. Two single-family residences are adjacent to the south and beyond them is an area of 0-3 zoned property, extending to Kanis Road. Pinnacle Point Hospital occupies a large tract of C-3 zoned property across Autumn Road to,the east. Adjacent to the hospital is a new POD, Kidsport. The 0-3 zoned property wrapping around this site on the west and north are now under development as a large office building and parking lot. This 0-3 zoning request is compatible with other zoning and uses in the area. The I-430 District Land Use Plan has designated this area as commercial and mixed office commercial. The property in question is actually located on the border between the two land use designations and is shown as commercial on the Plan. Zoning the property 0-3 is compatible with the intent of the Plan. There is no plan issue. STAFF RECOMMENDATION Staff recommends approval of the requested 0-3 reclassification. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) Jeff Hathaway was present representing the application. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. KI September 12, 1996 ITEM NO.: 3 Z-591-C Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Randall E. Smyly. Sam Hilburn 4942 West Markham Street Rezone from 0-3 to C-3 Redevelop as new restaurant .54 acres Two-story office building SURROUNDING LAND USE AND ZONING North - Multifamily dwellings; zoned R-3 and R-5 South - War Memorial Park; zoned R-2 East - Single Family dwelling; zoned 0-3 West - Restaurant and parking lot; zoned C-3 and R-3 PUBLIC WORKS COMMENTS 1. Widen Markham on the south side to accommodate a left turn lane and construction of a sidewalk with ramps on frontage. Right-of-way is to be 40 feet from centerline. 2. No access from Jackson and a waiver on further street improvements beyond the present conditions except for a radius improvement at intersection, removal of aprons, construction of a sidewalk with appropriate ramps. Right-of-way is to be 25 feet from centerline with a 20 foot radial dedication at intersection. 3. Improve corner curb radius to 25 feet. 4. A conference with staff is recommended prior to construction plan submittal to discuss the site plan and improvements required by ordinance. Drainage and excavation ordinances will apply to construction. 5. Existing traffic volume 14,000 ADT for Markham. September 12, 1996 ITEM NO.: 3 Z-591-C (Cont.) PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA bus route which extends along West Markham Street. LAND USE ELEMENT The site is located in the Heights/Hillcrest District. The adopted Land Use Plan recommends Office. The request is for Commercial. Currently, a committee of property owners and interested individuals is reviewing the area and plan elements. This committee began work in July and staff expects recommendations by the end of the year. Staff would not recommend a change of the Plan at this time and would recommend that action on this rezoning request be deferred until the study is complete. STAFF ANALYSIS The request before the Commission is to rezone this .54± acre tract from "0-3" General Office to "C-3" General Commercial. The property is currently occupied by a two- story, brick office building. The applicant proposes to redevelop the site as a restaurant. This property was last before the Commission in January 1996. A C-3 rezoning request was filed for the January 2, 1996 Commission meeting. The item was deferred to the January 30, 1996 meeting and amended to a Planned Development Commercial for a Waffle House. After a lengthy public hearing on January 30, 1996, the Commission voted to pass the item to the Board of Directors without a recommendation. Staff had recommended denial of the PD-C. At its April 16, 1996 meeting, the Board of Directors accepted the applicant's withdrawal of the PD-C application. The Board also placed a 8 month hold on the refiling of a rezoning application for this property. This 8 month period was to coincide with a study of the Land Use Plan for properties along Markham Street, from Pine Street to University Avenue. The Heights/Hillcrest District Land Use Plan currently recommends Office for this site. The aforementioned study began in July 1996 and staff expects recommendations by the end of the year. Staff cannot support the requested C-3 reclassification at this time and would recommend that action on this rezoning request be deferred until the study is complete. 0� September 12, 1996 ITEM NO.: 3 Z-591-C (Cont.) STAFF RECOMMENDATION Staff recommends that this item be deferred to the January 23, 1997 Commission meeting to allow for completion of the study of the Heights/Hillcrest Land Use Plan for properties fronting on West Markham Street. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) Graham Sloan was present representing the applicant. There were two objectors present. The Hillcrest Residents' Association had sent a letter requesting that action on this matter be deferred until the review of the land use plan is completed. The letter had been distributed to the commissioners. Staff presented the item and recommended that it be deferred to the January 23, 1997 Commission meeting. Graham Sloan addressed the Commission in support of the application. He presented a map of the area and noted the relationship of the property to other uses in the area. Chairman Woods interrupted Mr. Sloan and noted that staff had recommended deferral of the item. Mr. Sloan stated that the applicant was not in favor of a deferral. He stated that the C-3 zoning request fit in with other uses in the area. Chairman Woods commented that the Commission had a right to defer the item. Jim Lawson, Director of Planning and Development, stated that the Commission could defer the item if it felt there was justification, whether the applicant agreed or not. Commissioner Rahman stated that he could not cast his vote without the results of the study. Commissioner Brandon stated that she was in favor of the requested zoning. Chairman Woods stated that since the applicant did not agree with staff's recommendation of deferral, he would allow the applicant to continue his presentation. Dana Carney, of the Planning Staff, interjected that staff still felt that deferral of the item until the study was complete was the best choice. However, he stated, if the Commission chose to hear the item and vote on the proposal this day, staff reserved the right to recommend denial of the requested C-3 zoning. Mr. Carney stated that C-3 was not in compliance with the Land Use Plan. He noted that the newest development in the area was a new office building located at Markham and Polk Streets. �3 September 12, 1996 ITEM NO.: 3 Z-591-C (Cont.) Commissioner Putnam asked staff to clarify its position on the matter. Mr. Carney responded that staff would recommend denial of the C-3 zoning as being inconsistent with the Land Use Plan, if the applicant pressed forward with the request this day. He stated that staff felt it was more reasonable to defer action on the item though, until the study of the Land Use Plan was complete. Mr. Carney stated that it was important to allow staff an opportunity to present its position on the C-3 zoning if the applicant chose to press for action on the request at this meeting. Mr. Lawson stated that staff needed to make a presentation if the Commission chose to hear the item at this meeting. Cindy Dawson, of the City Attorney's Office, suggested that the Commission vote on staff's recommendation to defer the item. Should the Commission vote not to defer the item, then both sides could make a presentation. A motion was made and seconded to defer the item. Commissioner Adcock asked if the C-3 request was in conflict with the Land Use Plan. Staff responded that it was in conflict. The motion was amended to defer the item until January 1997, to allow for completion of the review of the Land Use Plan. In response to a question from Commissioner Brandon, Mr. Lawson stated that persons involved in the Land Use study included staff, land owners along Markham Street and the Hillcrest Residents' Association. Chairman Woods stated that he preferred to defer the item for a shorter period of time. Mr. Lawson stated that it was the Commission's call whether to defer the item until the study is complete or to vote on the C-3 request. Commissioner Daniel stated that he felt the applicant's proposed use of the property was better for the neighborhood than what could potentially be developed on it as it is currently zoned. Ms. Dawson read from the Commission's Bylaws that the Commission can defer an item on its own motion. Mr. Sloan stated that he felt the review of the Land Use Plan which is currently taking place might not result in any concrete recommendations by January 1997. He stated that he felt that did not warrant a deferral. 4 September 12, 1996 ITEM NO • 3 Z-591-C (Cont.) A vote was taken on the motion to defer the item until January 1997. The vote was 5 ayes, 5 noes and 1 absent. The motion to defer failed. There was then a discussion about whether anything could be accomplished by deferring the item for a shorter period of time. The Commission questioned whether staff could put on an adequate presentation on such short notice. Mr. Lawson responded that staff was ready. Commissioner Brandon commented that the Commission had heard this issue previously. Mr. Sloan then continued his presentation in support of the application. He stated that the proposed use of the property as a restaurant was compatible with other uses in the area. He presented photographs of other uses in the area. He described several other restaurants which are currently located within several blocks of the site. He asked for a vote on the application. Ruth Bell, of the League of Women Voters, addressed the Commission. She stated that the League was opposed to this rezoning request, especially in light of the Board's directive that a review of the Land Use Plan be undertaken. She then spoke in opposition to the applicant's particular proposal to redevelop the site as a restaurant. Kathleen Lamb, of 609 N. Jackson, addressed the Commission in opposition to the rezoning request. She pointed out that the two properties directly east of this site are occupied by single family residences. Ms. Lamb then read the letter from the Hillcrest Residents' Association which had previously been presented to the Commission. Mr. Lawson then presented staff's opposition to the rezoning request. He discussed traffic problems in the area. He stated that the property was currently occupied by an office building which is in conformance with the Plan. Mr. Lawson stated that the Plan was working in the area. He conjectured that the applicant was only going through this process to lay the groundwork for a potential lawsuit. Mr. Lawson stated that staff was opposed to the commercial stripping out of Markham Street. Mr. Lawson also commented that the request was a straight C-3 zoning, which allows over 90 uses for the site. In light of the past history of the site, Mr. Lawson stated that he felt it was absurd to bring this C-3 request to the Commission. Commissioner Berry asked if staff had conducted a review of the potential impact of this proposal on the area's traffic 5 1. September 12, 1996 ITEM NO.: 3 Z-591-C (Cont.) pattern. David Scherer, of Public Works, responded that a review had been conducted based on the previous Planned Development proposal. That previous application did include provisions for the widening of Markham Street to accommodate a left turn lane. Mr. Scherer stated that this application was for C-3 zoning and not a specific use. He stated that the impact on traffic would be determined by the intensity of the use relative to the site's current use as an office. Mr. Scherer also noted that the previous Planned Development included a restriction of access to Jackson Street which could not be assured through this C-3 zoning. Commissioner Brandon commented that she just counted the permitted uses in the C-3 district. If the application were a Planned Development, she stated, she could support it. She stated that she could not support a straight C-3 zoning for the site. Commissioner Daniel questioned whether the existing office building conformed to ADA standards. He stated that he heard it would be less expensive to remove the building and construct a new one in its place rather than bring the existing building up to ADA standards. He stated that he also could support a Planned Development but not a C-3 rezoning. Commission Putnam asked what the proposed use was for the site. Mr. Sloan responded that the proposed use was a restaurant. Mr. Lawson noted that the C-3 District allows many other uses. Mr. Sloan commented that the 0-3 District also allows many uses other than offices. In response to a question from Commissioner Adcock, Mr. Carney stated that the C-3 request was in conflict with the current Land Use Plan. Commissioner Putnam commented that he could not support C-3 zoning but that he could support a Planned Development. The question was called and a vote taken on the C-3 zoning request. The vote was 0 ayes, 10 noes and 1 absent. C1 September 12, 1996 ITEM NO.: 4 Z-4853-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Cabalette Joint Venture Bruce Bartley 13,300 Block of Baseline Road Rezone from R-2 and MF-12 to MF-6 Develop as residential community 236± acres Undeveloped SURROUNDING LAND USE AND ZONING multifamily golf course North - Single Family homes and vacant tracts; zoned R-2/sheet metal shop; zoned PCD South - Single Family homes; zoned R-2/vacant tracts; zoned MF-12 and MF-24/Church; zoned R-2 East - Single Family homes and vacant tracts; zoned R-2 West - Single Family homes, vacant tracts and church; zoned R-2/salvage yard and mini -warehouses; zoned PCD PUBLIC WORKS COMMENTS Baseline (not West Baseline) is a principal arterial according to the Master Street Plan, 55 feet of right-of-way from centerline and 30 feet of widening with a sidewalk is called for with construction. Colonel Miller Road is a Minor Arterial, 45 feet of right-of-way from centerline with 30 feet of pavement from centerline with a sidewalk is the design standard. A right turn lane would be required with the additional right-of-way at the intersection of these two roads. Crystal Valley is a collector and 30 feet of right- of-way is required with 18 feet from centerline and a sidewalk is required with construction. There exists a floodway and flood plain on this property. Several permits including Little Rock Corp. of Engineers, ADPCE, NPDES, and local grading permits are required prior to construction. All structures are to be constructed one foot above the flood elevations with SFHA development permits. There needs to be a wet lands determination by September 12, 1996 ITEM NO.: 4 Z-4853-A (Con Corp of Engineers. Stormwater Detention and soil loss calculations will be required for this parcel. Driveways shall be 100 feet from the intersections and 300 feet minimum spacing as required by ordinance. Site plan needs approval of the Traffic Engineer and staff recommends a pre -submittal conference concerning the site plan. A deferral of boundary street improvements by the Board of Directors will be required as a part of the proposed phased construction plan submitted to staff. A request should be submitted with the application and a recommendation by the Planning Commission needs to follow the proposed site plan submittal. A request to remove a collector on the Master Street Plan will be needed or the right-of-way needs to be dedicated as a part of the re -zoning. Baseline's 1992 traffic count just west of Stagecoach was 3200 ADT. Each unit would add 10 trips per day. PUBLIC TRANSPORTATION ELEMENT There is no CATA bus route located within close proximity of this site. LAND USE ELEMENT The site is located in the Crystal Valley District. The adopted Land Use Plan recommends Single Family, Multifamily, Open Space/Park and Public Institutional uses for the site. The request is for Low Density Multifamily. Staff does not believe the overall density will be increased with the proposed change. The distribution may be different and with "MF-6" the locations of concentrations or whether there will be concentrations is unknown. Staff recommends the creek drainage area - floodway be shown as Park/Open Space. There is a Parks Plan issue. The Park/Open Space area on the Plan is on the Master Parks Plan. There has been a different site development south of the Otter Creek subdivision. It may be possible to replace the proposed park with this existing developed park to the south. South of the creek and northwest of the Colonel Carl Miller/Baseline intersection would change from Single Family and Multifamily to Low Density Multifamily. The overall density should be similar to that in place now. While the single family increases, the multifamily decreases. The Public use area would move from Crystal Valley Road to Baseline Road. The current site was a proposed school site (by consultant planners in 1986). The proposed site is the location of an existing church. A small area which was �A September 12, 1996 ITEM NO.: 4 Z-4853-A (Cont.) Single Family and Park along Crystal Valley north of the creek would be changed to Low Density Multifamily. There are existing single family homes to the north and east of this site. In summary staff does not believe the density change is significant. It appears this is just a slight rearrangement of residential density. The change is appropriate with the surrounding "Planned" development pattern. This pattern is multifamily south of Baseline, single family to the north and west of the area in question with commercial to the east. STAFF ANALYSIS The request before the Commission is to rezone this 236± acre tract from "MF-12" Multifamily and "R-2" Single Family to 'IMF-6" Multifamily. The majority of the 236± acre site is zoned R-2. 14.03± acres fronting on Baseline Road are now zoned MF-12. This MF-12 zoning was done in 1987. At about the same time the property along Baseline was zoned MF-12, approximately 40± acres directly north was zoned PRD for a 264 lot zero -lot line single family residential development. The PRD has since been revoked. The applicant proposes to zone the entirety of the 236± acre tract to MF-6 to allow for the future development of a multifamily residential golf course community. The 236± acre site is now undeveloped and large portions of it are wooded. The applicant proposes to cluster several multifamily developments around an 18 hole golf course. The golf course will utilize approximately 140± acres of the 236± acre site. If the MF-6 zoning is approved, the applicant will have to return to the Commission for site plan review and a conditional use permit for the multifamily development and golf course. The property is located at the western edge of the City, north of the Otter Creek community. A portion of the site is outside of the city limits but within the City's zoning jurisdiction. The area is rural in nature with the primary land use pattern being single family homes on larger tracts and large tracts of undeveloped property. Two single family residential subdivisions are located across Baseline Road to the south and along Crystal Valley Road to the east. A salvage yard and a mini -warehouse complex are located across Carl Miller Road to the west. A sheet metal shop is located on a tract of land zoned PCD adjacent to the north of the site. Several tracts of undeveloped MF-6, MF-12 and MF-24 zoned property are located south of Baseline Road, between the subject property and the Otter Creek Community. The Crystal Valley District Land Use Plan currently recommends Single Family, Multifamily, Open Space/Park and 3 September 12, 1996 ITEM NO • 4 Z-4853-A (Cont.) Public Institutional uses for the site. The request is for Low Density Multifamily, MF-6. Staff does not believe the overall density will be increased with the proposed change. The 14+ acres now zoned MF-12 will be reduced to MF-6. The MF-6 designation is not that much more dense than the density which could be developed on the remaining R-2 zoned property. Staff does recommend that the creek drainage area be shown as Park/Open Space on the Plan. This will coincide with the developers proposed use of that area as a golf course incorporating a series of lakes along the creek. To summarize, staff believes the proposed MF-6 zoning is not incompatible with established zoning and uses in the area. Staff does not believe a proposed land use plan amendment to low density multifamily is a significant change. Such a change is appropriate in light of the surrounding land use and zoning pattern. STAFF RECOMMENDATION Staff recommends approval of the requested MF-6 zoning and of an amendment to the Crystal Valley District Land Use Plan. PLANNINGOMMISSION ACTION: (SEPTEMBER 12, 1996) Jim Lindsey and several other persons were present representing the application. There were several neighborhood residents and area property owners present as well, one of which indicated opposition to the item. Staff presented the item and a recommendation of approval of the MF-6 zoning and of an amendment to the Crystal Valley District Land Use Plan. Jim Lindsey addressed the Commission in support of the item. He showed a video which described other Lindsey multifamily developments. Mr. Lindsey stated that they had met with residents of the Otter Creek and Crystal Valley neighborhoods. Mr. Lindsey then stated that he would not develop more than 1,050 units on the property, which amounts to a density very close to that allowable under the existing zoning. He stated that the proposed project would be screened to please neighbors, with either a wrought iron or wood fence. Mr. Lindsey concluded by stating that he felt his development would be a positive boost for Southwest Little Rock. Carl Moody, President of the Otter Creek Home Owners Association, addressed the Commission. He stated that the members of the home owners association emphatically supported the rezoning and proposed development. 4 September 12, 1996 ITEM NO • 4 Z-4853-A (Cont.) Sam Raines, an area property owner, spoke in favor of the rezoning request. Tommy Hodges, of #2 Otter Creek Court, spoke in favor of the rezoning request. Etta Lane, of 8722 Colonel Carl Miller Road, addressed the Commission. She stated that she was not opposed to the development. She stated she was part of a community trying to organize to obtain safe drinking water. Melody Parsley, secretary of the Crystal Valley Property Owners Association, addressed the Commission. She stated that the association was not opposed to the development, but noted a difference in the number of units to be constructed in Phase I from the plan submitted to the association and the plan submitted for the October 10, 1996 Planning Commission hearing. Mr. Lindsey stated that only 384 units would be built in Phase I, which is the number which had been presented to the neighborhood residents. Susan Hardin, of 3900 Doral Drive, addressed the Commission. She stated that she had heard Lindsey Developments were poorly constructed and were low -rent housing. She asked that the rezoning request be delayed until some questions were answered. Vinita Settlers, representing Quinn Chapel AME Church at 8520 Colonel Carl Miller Road, addressed the Commission. She stated that she was concerned that the required widening of the road would affect the church which is built close to the street. She was advised that any widening of Colonel Carl Miller Road required as a result of Mr. Lindsey's development would take place only on his side of the street and would not affect the church property. Harry Haas, of 3900 Doral Drive, addressed the Commission in opposition to the rezoning. He stated that he felt the project was on "too fast a track" and asked that the rezoning be deferred to allow adjacent property owners an opportunity to review and consider the issue. He asked why the applicant's interests should outweigh those of long-time neighborhood residents. Mr. Haas presented a list of questions which he wanted answered (staff did not receive a copy of that list). Mr. Haas also discussed traffic problems in the area, primarily at the Stagecoach and Crystal valley Road intersections. He stated that the proposed development would only add to those problems. Jim Lawson, Director of Planning and Development, answered several of the issues raised by those who had spoken. He stated that staff had made as strong an effort to notify area residents of the proposal as he had ever seen. Mr. 5 September 12, 1996 ITEM NO • 4 Z-4853-A (Cont.) Lawson stated that the City would not regulate the rental rates in Mr. Lindsey's development. He stated that this project could conceivably bring water closer to Ms. Land's community, west of Colonel Carl Miller Road. Mr. Lawson noted that Mr. Lindsey had stated Phase I would be for 384 units, as was presented to the neighborhood residents. Mr. Lawson noted that it is difficult for traffic to access an arterial street, such as Stagecoach Road, anywhere in the City. Mr. Lawson also noted that Mr. Lindsey was not asking to have any standards for development waived. In response to a statement that the residents of Otter Creek had been offered incentives to eliminate their opposition, Carl Moody stated that Mr. Lindsey offered Otter Creek residents nothing that had not been offered to residents in the entire area around the proposed development. In response to a question from Commissioner Daniel, Mr. Lawson stated that those streets abutting the proposed project would be widened to Master Street Plan Standards. Mr. Lawson clarified that that the application for MF-6 zoning included the following two conditions offered by the applicant: 1. Construction of the golf course will begin with Phase I of the project. 2. The total number of units on the property will not exceed 1,050. W. C. Taylor stated that he was opposed to the rezoning. Commissioner Hawn asked if Baseline Road would support the added traffic. Mr. Lawson responded that both Baseline and Stagecoach Roads are arterial streets and that there would be improvements made to the streets abutting the development. Commissioner Hawn asked about the Parks Plan issue. Tony Bozynski, of the Planning Staff, asked that the Commission delay a vote on the Parks Plan until the October 10, 1996 meeting. He stated that staff was working with the Parks Department to identify another site in the area which could replace this site on the Parks Plan. Mr. Lawson stated that the Parks Department did not have a problem with taking the Park off of this site but that a replacement site had to be found. He noted that the proposed development would maintain a park -like atmosphere and would protect the floodway and wetlands. In response to a question from Commissioner Hawn, David Scherer of the Public Works Department, discussed the Master Street Plan in relationship to this item. He noted that the Arkansas Highway Department had plans to widen Stagecoach 6 September 12, 1996 ITEM NO.: 4 Z-4853-A (Cont. (State Hwy. 5) to five lanes, and that the project was 2-3 years away. Mr. Scherer stated that traffic counts in the area did not warrant a traffic signal at the intersection of Stagecoach and Crystal Valley Roads. He noted that the additional traffic created by this development could push the traffic count up so as to warrant a signal at the intersection. Mr. Lawson reminded the Commission that site plan related issues should be discussed at the October 10, 1996 meeting, when specifics on the development will be presented. Frank Finster, a neighborhood resident, stated he was concerned about access from the development onto Crystal Valley Road. Jim Lindsey again asked for approval of the rezoning request. Commissioner Brandon stated that one purpose of the Parks Plan was to protect the ecology. She stated that the proposed golf course development would do just that. A motion was made to amend the Crystal Valley District Land Use Plan. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to approve the requested MF-6 zoning with the conditions offered by Mr. Lindsey. Mr. Lindsey came forward and confirmed the conditions to be: 1. 384 units and the golf course to be in Phase I 2. The total number of units on the property will not exceed 1,050. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 7 September 12, 1996 ITEM NO.: 5 Z-1850-D Owner: Ruffin and Jarrett Funeral Home Applicant: Eunice Reed Location: 1201 Ringo Street Request: Rezone from R-4 to 0-3 Purpose: Construct parking garage for funeral home on adjacent property Size: .38± acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Single Family residences; zoned R-4 South - Vacant lot; zoned R-4 East - Funeral home and overflow parking lot; zoned 0-3 West - Vacant residential structure, single family and two family residences; zoned R-4 PUBLIC WORKS COMMENTS Dedicate right-of-way according to the Master Street Plan including a 20 foot radial area at intersection. Driveways are limited by Ordinance. A conference with staff prior to construction is recommended. Drainage and excavation ordinances apply. PUBLIC TRANSPORTATION ELEMENT A CATA bus route extends down Chester Street, passing in front of the funeral home on the east side of this block. LAND USE ELEMENT The site is located in the Central City District. The adopted Land Use Plan recommends Single Family. The request is for office. Because of the location and the proposed use, staff feels that a plan amendment is not necessary if the applicant agrees to a more restrictive office reclassification for the property. This approach would require site plan review and ensure that the development is September 12, 1996 ITEM NO.: 5 Z-1850-D (Cont.) compatible with the neighborhood and maintain the area's residential character. The use change is not a significant departure from the plan's concept and does not justify an amendment for 3 lots. STAFF ANALYSIS The request before the Commission is to rezone this .38± acre tract, consisting of the western half of 4 lots, from "R-4" two-family residence to "0-3" General Office. The property is currently vacant. The applicant, Ruffin and Jarrett Funeral Home, proposes to build a garage structure on the property for the parking of funeral home vehicles, including hearses and limousines. The property is located at the edge of a small single family and two family residential pocket bounded by Chester Street, 14th Street, Dr. Martin Luther King, Jr. Drive and I-630. Care must be given to protecting the integrity of this residential area. The requested 0-3 reclassification may be too broad of a zoning designation to allow its intrusion into the neighborhood. The applicant has indicated that the purpose behind the rezoning is to allow for the construction of a single building to house vehicles associated with the adjacent funeral home. Funeral homes are permitted in the 0-3 district and the garage would be treated as an ancillary use. In and of itself such a use would probably not have a negative impact on the neighborhood. However, staff would prefer to see a more restrictive zoning classification proposed. The "0-1" Quiet Office district allows funeral homes as a conditional use. This approach would result in a more residentially compatible zoning designation and would allow review of the building's design and possible restrictions on use of the property. This O-1/CUP approach would assure that the development is compatible with the neighborhood and would maintain the area's residential integrity. The Central City District Land Use Plan now recommends single family for the site and MX for the adjacent property occupied by the funeral home. An 0-1 reclassification for such a small site (the western half of 4 lots) would not justify a plan amendment. STAFF RECOMMENDATION Staff recommends denial of the requested 0-3 rezoning. Staff recommends that the application be amended to an 0-1 rezoning request and a conditional use permit to allow this garage as an ancillary use to the funeral home. 2 September 12, 1996 ITEM NO • 5 Z-1850-D (Cont.) PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had agreed to staffs recommendation that the item be amended to an 0-1 rezoning and a conditional use permit. Staff recommended that the item be deferred to the October 10, 1996 Commission meeting which would allow review by the Subdivision committee. The item was placed on the Consent Agenda and approved for deferral to the October 10, 1996 Commission meeting. The vote was 10 ayes, 0 noes and 1 absent. 3 September 12, 1996 ITEM NO.: 6 Z-6187 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Crystal Hill Baptist Church Joe White, Jr. 16,500 Block of Lawson Road (at Crystal Valley Road) Rezone from R-2 to 0-3 Develop as offices for Pulaski Baptist Association 2.89± acres Vacant property SURROUNDING LAND USE AND ZONING North - Densely wooded and undeveloped; zoned 0-2 South - Church site; zoned R-2 East - Church site and cemetery; zoned R-2/Quarry; zoned I-2 West - Densely wooded and undeveloped; zoned R-2 PUBLIC WORKS COMMENTS The Boundary Street Ordinance requires improvements according to the Master Street Plan. A conference with staff is recommended prior to construction plan submittal to discuss the site plan and improvements required by ordinance. Drainage and excavation ordinances will apply to construction. Crystal Valley's 1992 traffic count was 1840 ADT. Lawson Road's 1992 traffic count was 4880 ADT east of this location. PUBLIC TRANSPORTATION ELEMENT There is no CATA bus route located within close proximity of this site. September 12, 1996 ITEM NO.: 6 Z-6187 (Cont.) LAND USE ELEMENT The site is located in the Ellis Mountain District. The adopted Land Use Plan recommends Public Institutional Use (PI). The request is for Office. The location is at the intersection of two arterials. An existing church and church related uses are to the east and south. There is industrial and mining to the northeast and to the west is residential. Staff would suggest amending the Plan to show the PI and Mixed Use area northwest of the Lawson -Crystal Valley intersection as Office. Office use should provide a good transition from the industrial uses (east, northeast) to the residential uses (west). TAFF ANALYSI The request before the Commission is to rezone this 2.89± acre tract from "R-2" Single Family to "0-3" General Office. The property is currently heavily wooded and undeveloped. The applicants propose to develop the site as offices for the Pulaski Baptist Association. The Pulaski Baptist Association serves as a type of "umbrella" organization for Southern Baptist churches located in that part of Pulaski County which is south of the Arkansas River. The property is located approximately 2.5 miles west of I- 430, outside of the Little Rock city limits but within the City's zoning jurisdiction. The area is very rural in nature with the primary land use being large tracts of undeveloped woodland. Other uses in the immediate vicinity include a large tract of undeveloped 0-2 zoned property to the north, an R-2 zoned church site and cemetery across Lawson Road to the south and east and undeveloped R-2 property to the west. A large quarry is located along Lawson Road farther to the east. Portions of the quarry property are zoned I-2 and R-2. The Ellis Mountain District Land Use Plan recognizes the intersection of Lawson and Crystal Valley Roads as appropriate for nonresidential uses. The properties directly at the intersection are shown as Public Institutional which is indicative of the Crystal Hill Baptist Church and cemetery being located on either side of the intersection. Directly north of the intersection, the Plan recommends Mixed Use and Light Industrial is shown farther east along Lawson Road. The intersection of these two arterial streets is an appropriate location for a small area of office zoning. The office zoning will provide a good transition from the Industrial uses on the east to the residential properties on the west. To further support this concept of establishing 2 September 12, 1996 ITEM NO • 6 Z-6187 (Cont.) Office to serve as a buffer, staff would recommend amending the Plan to show the PI and MX areas northwest of the intersection as Office. All of the area shown as MX in this area is already zoned 0-2. This is an appropriate and minor Plan Amendment which should benefit the residential uses to the west. STAFF RECOMMENDATION Staff recommends approval of the requested 0-3 zoning and of an amendment to the Ellis Mountain District Land Use Plan to show Office for the area northwest of the intersection of Lawson and Crystal valley Roads. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) The applicant was present. There were no objectors present. Staff presented the item and recommended approval of the requested 0-3 zoning and of the minor amendment to the Ellis Mountain District Land Use Plan. The rezoning request and associated plan amendment were placed on the Consent Agenda and approved by a vote of 10 ayes, 0 noes and 1 absent. 3 September 12, 1996 ITEM NO.: 7 Z-6186 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Marcus Elliott & Ramona Elliott Ramona Elliott 2717 West 12th Street Rezone from I-2 to C-3 Utilize existing building as beauty salon .17 acres Vacant building SURROUNDING LAND USE AND ZONING North - Residential structure and church; zoned C-3 South - Residential structure and railroad right-of-way; zoned I-2 East - Railroad right-of-way; zoned I-2 West - Vacant lot; zoned I-2 and various commercial uses; zoned C-3 PUBLIC WORKS COMMENTS Right-of-way for 12th Street is required to be 35 feet from centerline, dedicate that portion needed to bring to this MSP standard. Provide access agreements associated with access to property. Provide off street parking or provide information concerning planned parking for patrons with an adequate method to turn around rather than backing onto 12th Street. PUBLIC TRANSPORTATION ELEMENT The property is located on a CATA bus route which extends down West 12th Street. LAND USE ELEMENT The site is located in the I-630 District. The adopted Land Use Plan recommends Commercial. The request is for Commercial. There is no land use issue. September 12, 1996 ITEM NO.: 7 Z-6186 (Cont J STAFF ANALYSI The request before the Commission is to rezone this .17± acre tract from "I-2" Light Industrial to "C-3" General Commercial. The property is occupied by a one story brick and block building which nearly covers the entire property. In fact, portions of the building extend beyond the property line on the east and west sides. The building has a front yard setback of 23± feet. This front yard area is paved. The building was formerly occupied by a construction company. The applicant proposes to convert the building into a beauty salon. The zoning pattern along this portion of West 12th Street is extremely varied, ranging from R-3 to C-3 and I-2. Uses in the area are just as mixed, ranging from residential to a variety of retail commercial uses and auto related uses. Several of the Industrial uses which were located on the I-2 zoned properties appear to no longer exist. The C-3 request is not out of character with this extremely varied area. The I-630 District Land Use Plan recommends Commercial for this site. The C-3 zoning request conforms to the Plan. Although the C-3 request conforms to the Plan and is not out of character for the area, the applicant needs to be aware that there is an issue which will affect the potential use of this site. There is no on -site parking. It appears that previous occupants parked either on the railroad right-of- way or on the I-2 zoned, gravel parking lot on the adjacent property to the west. Rezoning the property to C-3 will not relieve the applicant of the requirement to provide adequate on -site parking to serve the proposed beauty shop. No doubt, a Hoard of Adjustment variance will be needed. STAFF RECOMMENDATION Staff recommends approval of the requested C-3 zoning. There is no Plan Issue. Staff again reminds the applicant that approval of the C-3 zoning does not eliminate the requirement to provide Ordinance required on -site parking to serve the proposed beauty shop. PLANNING COMMISSION ACTION: (SEPTEMBER 12, 1996) The applicant, Ramona Elliott, was present. There were no objectors present. Staff informed the Commission that the applicant had failed to follow proper procedure in notifying area property owners. PA September 12, 1996 ITEM NO-_:--_ 7_ Z - 618 6 (Cont Ramona Elliott advised the Commission that she had obtained a list of area property owners from an abstract company but had only mailed the notices on September 12, 1996. Chairman Woods commented that the item needed to be deferred and asked staff if it could be deferred to the September 26, 1996 meeting. Dana Carney, of the Planning Staff, responded that the deferral date was at the Commission's discretion. Jim Lawson, Director of Planning and Development, stated that the applicant could mail the notices September 13, 1996. Mr. Carney noted that the applicant would not be able to comply with the 15 day notice requirement if the item is deferred to September 26, 1996. Mr. Lawson responded that the Commission could waive the bylaws at the September 26, 1996 hearing to accept less than 15 days notice. The item was added to the Consent Agenda and approved for deferral to the September 26, 1996 meeting. The vote was 10 ayes, 0 noes and 1 absent. 3 } • September 12, 1996 ITEM NO.• 8 NAME• Master Street Plan Amendment REQUEST• Remove proposed collector LOCATION: Northeast of Baseline Road and Colonel Carl Miller Road SOURCE: Property Owner STAFF REPORT• The owners of approximately 200 acres northeast of Baseline and Colonel Carl Miller Roads have asked to have a collector removed from the Master Street Plan. Without this collector there will be no internal circulation in the area. That is the arterials will be forced to carry more of the vehicular trips - resulting in more congestion than with the internal circulation. The owners are also asking for higher density zoning for much of the area - R-2 to MF-6. The owners have indicated the type of development - apartments around a golf course. However there is not Planned Development so there is no guarantee. Staff cannot support the plan change without assurance that the development will occur as indicated. With a Planned Development or site plan review the removal may be appropriate. The design plan shown to staff will work without the collector and staff can support the Plan changes as proposed conditioned on the development pattern. STAFF RECOMMENDATION: Deferral of the Master Street Plan issue meeting (the scheduled public hearing for permit for the proposed golf course). PLANNING COMMISSION ACTION: to the October 10, 1996 the conditional use (SEPTEMBER 12, 1996) The item was placed on Consent Agenda for deferral to October 10, 1996. By unanimous vote of those present the item was deferred. G cc U W cc W I— O Z 0 �z U C5 Z z z� J d W Q 0 Man uon Dan ono NOW 111111121 200001051 e .ogo 1 v� 2 a �j V m :. IS z w co W } Q Z r• V N September 12, 1996 There being no further business before the Commission, the meeting was adjourned at 7:10 p.m. Date `" -e�