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HomeMy WebLinkAboutpc_03 10 1992LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD MARCH 10,1992 12:30 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being nine in number. II.Approval of the Minutes of the Previous Meeting The minutes of the January 28,1992 meeting vere approved as mailed. III.Members Present:John McDaniel Ramsay Ball Diane Chachere Jerilyn Nicholson Kathleen OlesonBillPutnam Joe Selz Jim VonTungeln Emmett Willis,Jr. Brad Walker (arrived after the Roll Call) Ron Woods (arrived after the Roll Call) Members Absent:None City Attorney:Stephen Giles / LITTLE ROCK PLANNING COMMISSION REZONING HEARING MARCH 10,1992 A.Z-5449 Stagecoach Road (north of R-2 to I-2 Baseline Road) REZONING TEMS: 1.Z-2934-D 9603 Tall Timber R-2 to O-l 2.Z-5544 18,018 Kanis Road R-2 to C-3 3.Z-5546 4300 Asher Avenue C-3 to C-4 4.Z-5548 6207 Northmoor Drive R-4 to 0-3 5.Z-5549 4709 West 65th C-3 to C-4 6.Z-5550 14,723 Cooper Orbit Road R-2 to I-3 7.Z-5551 Stagecoach and Baseline Road R-2 to C-3 8.Z-5552 Mabelvale West Road R-2 to C-3 and I-2 OTHER MATTE S: 9.Special Use 4005 West 13th Street Permit Review (Z-5396) March 10,1992 ITEM NO.:A Z-5449 Owner:Merchants Realty Company Applicant:Joe D.White Location:Stagecoach Road (north of Baseline Road) Request:Rezone from R-2 to I-2 Purpose:Industrial Size:7.8 acres Existing Use:Warehouse (Vacant) SURROUNDING LAND USE AND ZONING North —Vacant,zoned R-2 South —Vacant,zoned R-2 East —Vacant,zoned R-2 West —Vacant and Single-family,zoned R-2 STAFF ANALYSIS The property in question is located on Stagecoach Road (Highway 5)just north of Baseline Road.The request is to rezone the 7.8 acres from R-2 to I-2.Currently,there are three structures on the property,and all are unoccupied atthistime.In the past,the buildings were utilized for warehousing and other related activities.Fourche Creekbisectsthesoutheastcornerofthesiteandthereisasubstantialfloodwayinvolvementontheproperty. Zoning in the general vicinity is R-2,C-2 and C-3.Land use is more mixed than the zoning and includes single family,a church,commercial,auto sales,auto services andindustrial.Throughout the area,a high percentage of landisstillvacant,especially east of Stagecoach Road becauseofFourcheCreekandthewetlands. The Otter Creek Plan recognizes a portion of the propertyforindustrialuseforthelandareaoutsideofthe floodway.Based on the land use element an I-2 reclassification for the nonfloodway area is appropriate. The remaining acreage is identified as floodway on the land use plan.City policy states that floodway lands are to be zoned OS and dedicated to the city.In this case,a 1 March 10,1992 ITEM NO A Z-5449 Cont. majority of the property is in the floodway and,in fact, two of the structures and a portion of the third building are in the designated floodway. ENG NEERING COMMENTS 1.Stagecoach Road is classified as a principal arterial and the right-of-way standard is 55 feet from thecenterline.Dedication of additional right-of-way will be required because the existing right-of-way isdeficient. 2.Dedication of established floodway. S AFF RECOMMENDATION Staff recommends approval of I-2 for the area outside of the floodway and OS for the floodway lands. PLANNING COMMISSION ACT N:(JULY 2,1991) At the request of the applicant,the item was placed on the Consent Agenda for a deferral.A motion was made to defer the issue to the August 13,1991 hearing.The motion was approved by a vote of 9 ayes,0 nays and 2 absent.The Planning Commission also voted to waive the bylaw requirement for requesting deferrals. PLANNING COMMISSION ACTION:(AUGUST 13,1991) The applicant was represented by John Burnett.There were no objectors in attendance.Mr.Burnett reviewed the request and stated that the Corps of Engineers was still studying the floodway question.He then requested adeferraluntiltherewassometypeofresolutionof the floodway issue. Jerry Gardner,a city engineer,then addressed the Planning Commission.Mr.Gardner discussed the requirement for thededicationofadditionalright-of-way on Stagecoach Road and explained the dedication of the floodway lands outside the existing fence.He concluded by stating that the floodway needed to be zoned OS,and the area outside the floodway should be rezoned to I-2. 2 March 10,1992 ITEM NO.:A Z-5449 Cont. A motion was made to defer the request for a period six months with allowance to return earlier if necessary. The motion was approved by a vote of 10 ayes,0 nays and 1 absent. PLANNING COMMISSION ACTION:(MARCH 10,1992) The applicant,Joe White,was present.There were no objectors.Mr.White discussed the request and the floodway issue.He reported that all parties have reached an agreement on the zoning for the property.Mr.White said that the floodway outside the fence would be zoned OS and dedicated.For the floodway inside of the fence,the property would be zoned I-2,and an easement would be provided for the floodway. Jerry Gardner,City Engineering staff,discussed the agreement for the site and said the location of the floodway on the various maps was correct.Mr.Gardner reviewed the proposed zoning for the site and said the structure within floodway could not be rebuilt if destroyed.Mr.Gardner indicated that approximately two acres of the floodway were inside the fence,and made some other comments. After some additional discussion,a motion was made to recommend approval of I-2 and OS for that portion of the floodway outside the fence.The motion passed by a vote of 11 ayes,0 nays and 0 absent. 3 March 10,1992 ITEM NO.:Z-2934-D Owner:Bible Doctrine Church ofLittleRock Applicant:James A.Brettel Location:9603 Tall Timber Boulevard Request:Rezone from R-2 to 0-1 Purpose:Church Size:2.36 acres Existing Use:Vacant SURROUNDING LAND S AND ZON N North —Vacant and Single-Family,zoned R-2 and 0-3 South —Vacant,zoned R-2 East —Vacant and Single-Family,zoned R-2 West —Vacant,zoned 0-3 STAFF ANALYSIS The site under consideration is currently zoned R-2 and therequestistorezoneitto0-1 for possible church expansion and related uses.The Bible Doctrine Church has purchasedthe2.3 acres in question and the existing 0-3 tract directlytothewestforanewchurchdevelopment.The proposal is toconstructanewbuildingandparkingareaonthe0-3 area, and then utilize the proposed 0-1 area for future needs.Atthistime,the property is vacant,however,it has been usedasapropertyowner's recreation facility in the past. This property and the entire Tall Timber/Pecan Lake development have a very involved and lengthy history datingbackto1975.(Some of the zoning actions went all the waytocourt.)In 1977,the Board of Adjustment authorized theuseofitthe2.3 acres for the neighborhood recreationfacility.Then in 1978,approximately 30 acres were rezonedforofficeandcommercialdevelopment.The acreage in question was part of the initial application,however,it wasdeletedfromtherequestandleftresidentialtobeusedbythepropertyowners.A covenant was agreed to by the variouspartiesthatrestrictedtheuseofthesitetoarecreational area as long as it was maintained by the property owners.In 1 March 10,1992 ITEM NO 1 Z-2934-D Cont the past,the residents of the subdivision have been active in the various rezoning proposals that have been acted on bythecity. Zoning found in the immediate vicinity is either R-2 or 0-3. Land use is primarily single family residences.There is a retirement facility on Stagecoach Road and some of the property is still undeveloped. 65th Street West Plan splits the property between office and single family uses.It appears that the recommended land use pattern was done to buffer the single family lots from potential office development.Staff feels that 0-1 is an appropriate district for some of the property because the 0-1 can function as a transition zone between the 0-3 and the R-2lots.A buffer is still desirable and staff suggest that a 50 foot OS area adjacent to the east and south propertylines.An undisturbed OS buffer would provide the sameprotectionfortheresidentiallotsasleavinghalfof the property zoned R-2.Approval of 0-1 and an OS buffer should not impact any of the surrounding properties. (For the record,the 0-1 zoning action makes no commitment to the proposed site plan.) ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the 0-1 and a 50 foot OS stripadjacenttotheeastandsouthpropertylines. PLANNING COMMISSION ACTION:(MARCH 10,1992) The applicant,James Brettell,was present.There were noobjectorsinattendance.Dr.Brettell said that the church did not have any problems with the staff's recommendation and agreed with the OS buffer.He then answered some questions and told the Commission that he did not anticipate the church constructing a family life center. A motion was made to recommend approval of the 0-1 and OS as amended.The motion passed by a vote of 11 ayes,0 nays and 0 absent. 2 March 10,1992 ITEM NO.:2 Z-5544 Owner:West Little Rock Development Company and James and Amanda Moore Applicant:James Moore Location:18018 Kanis Road Request:Rezone from R-2 to C-3 Purpose:Commercial Size:5.5 acres Existing Use:Single-Family SURROUNDING LAND USE AND ONING North —Vacant,zoned R-2 South —Vacant,zoned R-2 East —Vacant,zoned R-2 West —Commercial,zoned C-3 STAFF ANALYSIS The request before the Commission is to rezone 5.5 acres onthenorthsideofKanisRoadfromR-2 to C-3.The site islocatedinAreaIIoftheExtraterritorialAreaandsituated approximately one-half mile west of the Chenal Parkway. Currently,the property is being used as a residence, however,the land has been occupied by a commercial use, Aloha Pools,within the past year.In addition to the house,there are three accessory buildings on the property,including a barn. Zoning in the immediate vicinity is either R-2 or C-3,withthesiteinquestion abutting a C-3 tract on the west.TheareawaszonedtoR-2 in the latter part of 1991 and the C-3 rezonings were accomplished this year.The land use pattern found along Kanis Road is primarily single family,but therearesomenonresidentialusesonKanistotheeastandwest. Throughout the area there are a number of vacant parcels. The adopted plan for this part of Area II shows a commercial"node"at the intersection of Kanis and Edswood Roads.The property in question is within the defined "node". Therefore,a commercial reclassification of the five acres is appropriate and staff supports the C-3 request.The plan 1 March 10,1992 ITEM NO.:2 Z-5544 Cont. recommends commercial use for properties north and south of Kanis with a larger percentage of "node"located west of Edswood Road.There are no outstanding zoning issues associated with this request. ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning. PLANNING COMMISSION ACTION:(MARCH 10,1992) The applicant was represented by Mrs.James Moore.There were two objectors in attendance.Mrs.Moore spoke briefly and suggested the opponents be allowed to address the Commission first. Anne Childs,18,211 Kanis Road,spoke and said that she and her husband,John Childs,were opposed to C-3 rezoning. Ms.Childs then submitted a letter to the Commission and proceeded to discuss her home,which she described as a historical landmark.She presented some history on the house and said that a substantial investment has been put into the property.Ms.Childs discussed Kanis Road and said that she did not want another Rodney Parham.Ms.Childs made some comments about the existing C-3 and asked that the proposed C-3 request be denied.Ms.Childs said that her property has 450 feet of frontage on Kanis,and presented some photos. Mrs.James Moore spoke again and described the existing residence on the property,and said it was no longer historical because of various additions.She then discussed future plans for the Chenal area and described the existing uses to the west.Mrs.Moore told the Commission that the single family residence will remain the use for the foreseeable future. There were some discussion about the Outer Loop and the Area II land use plan. Mrs.James Moore then requested that the item be deferred to the April 21,1992 hearing. Anne Childs made some additional comments. 2 March 10,1992 ITEM NO.:2 Z-5544 Cont. A motion was made to defer the item to April 21,1992 meeting.The motion was approved by a vote of 10 ayes, 1 nay and 0 absent. 3 March 10,1992 ITEM NO.:3 -5546 Owner:Guy Pestino Applicant:Guy Pestino Location:4300 Asher Avenue Request:Rezone from C-3 to C-4 Purpose:Auto Body Rebuilding Shop Size:0.23 acres Existing Use:Auto Body Rebuilding Shop SURROUNDI G LAND USE AND ZONING North —Single-Family and Office,zoned 0-3 and C-3 South —Mixed Uses,zoned C-3 East —Commercial,zoned C-3 West —Mixed Uses,zoned C-3 STAFF ANALYSIS 4300 Asher Avenue is currently zoned C-3 and the request is to C-4 because of a pending enforcement action by the City. Recently,an individual leased the property from the owner and began operating an auto body shop,which is not permitted in the C-3 district.A violation notice was issued and the occupant was instructed to file for the proper zoning or vacate the premise.The site is a 50 foot lot and a 20 foot closed right-of-way on the east side.There is one building on the property that has no setbacks on the south and west sides. Land use in the general vicinity is typical of the Asher Avenue corridor and includes single family,office, commercial,auto services,and industrial.The pattern for the properties that front Asher is fairly mixed and ranges from small retail establishments to warehousing.The existing industrial uses are found primarily south of Asher Avenue and the single family neighborhood begins approxi- mately one block north of Asher.Current zoning in the areaisR-3,0-3,C-3,I-2 and PCD.I-2 is the predominant zoningdistrictin the area. The Oak Forest Neighborhood plan identifies Asher Avenue for commercial use and over the years,the city has endorsed either C-3 or C-4 for the recommended land use pattern.In the immediate vicinity,there is no C-4 zoning,however,a majority of lots fronting Asher are zoned I-2,which allows 1 March 10,1992 ITEM NO.:3 Z-5546 Cont similar uses as C-4.Reclassifying 4300 Asher Avenue to C-4willnotimpactthesurroundingpropertiesnordramaticallyaltertheexistingzoningconfigurationalongAsherAvenue. And finally,C-4 is designed for roadways like Asher,a majorthoroughfare. ENGINEERING COMMENTS Asher Avenue requires a right-of-way 90 feet or 45 feet fromthecenterline.The existing right-of-way is deficient,andadedicationof15feetisneeded.Because of the building'splacementonthefrontpropertyline,a franchise will benecessaryfortheencroachmentaftertheadditionalright-of-way is dedicated.Staff will recommend to thefranchisecommitteeand/or the Board of Directors that thefranchisebegranted. STAFF RECOMMENDATION Staff recommends approval of the C-4 rezoning request. PLANNING CO SSION ACTION:(MARCH 10,1992) Staff reported that the item needed to be deferred becausetheapplicantfailedtonotifytherequiredpropertyowners. A motion was made to defer the request to April 21,1992hearing.The motion was approved by a vote of 9 ayes,0 naysand2absent. 2 March 10,1992 ITEM NO.:4 Z-5548 Owner:Derek and Carolyn Lewis Applicant:David E.Simmons Location:6207 Northmoor Drive Request:Rezone from R-4 to 0-3 Purpose:Daycare Center Size:0.25 acres Existing Use:Vacant Residence SURROUNDING LAND USE AND Z N G North —Office,zoned 0-3 South —Single-Family,zoned R-2 East —Vacant,zoned 0-3 West —YWCA,zoned R-5 STAFF ANALYSIS The request for 6207 Northmoor Drive is to rezone the lot from R-4 to 0-3.It is the staff's understanding that the immediate use for the property is a daycare center.The owner's long range plans for the location include some type of office function and that is why an 0-3 reclassification has been requested.Currently,there is a single story residence on the lot. Zoning of the neighborhood includes R-2,R-5,0-3 and C-3. The property in question abuts 0-3 on the east and across Northmoor the zoning is 0-3.Land use is made up of single family residences,churches,a medical clinic,commercial,a tennis complex (in public)and park,the Boys Club and YWCA. A number of the lots to the east,zoned 0-3,are undeveloped at this time. The existing 0-3 lots within the subdivision have a very involved history and some of it appears to be relevant to the case before the Commission. 1984 —Some of the lots were rezoned to 0-2 and the reclassification created a very undesirable zoning configuration.Staff recommended denial and there was strong neighborhood opposition. 1 March 10,1992 ITEM NO.:4 Z-5548 Cont. 1988 -The entire area was rezoned to 0-3 withcertainconditions.Again,staff was opposed to the action and some of the objections were raised by a neighbor. With both requests,staff felt that office zoning was misplaced and would have an adverse impact on the single family lots. The current 0-3 request for 6207 Northmoor raises the same issues as the previous office rezonings south of Northmoor, and staff is opposed to the proposed 0-3 reclassification.Staff has always viewed Northmoor as a desirable zoning line between residential and nonresidential zoning.The lots south of Northmoor were platted for single family residences, which the staff still believes is the most appropriate usefortheland. Even with the 0-3 zoning of the lots,the Boyle Park District plan was never amended and all the lots are identified for single family use,including the one under consideration.An0-3 reclassification will violate the plan and is not necessary for the proposed use because the daycare center is a conditional use in the R-4 district. (For informational purposes only —the Bill of Assurancerestrictstheuseoflotstosinglefamilyresidencesand is in effect until the year of 2002.To amend the Bill of Assurance,70%of the property owners must sign a written instrument.) ENGINEERING COMMENTS There are none to be reported. ST FF RECOMMENDATION Staff recommends denial of the 0-3 rezoning request. P ING COMMISSION CTION:(MARCH 10,1992) The applicant,David Simmons,was present.There were twoobjectorsinattendance.Mr.Simmons addressed the Commission and said that all of the notice requirements have been met.He continued by discussing the O-3 request and indicated that a daycare was the immediate use,with the long term use being an office or lab.Mr.Simmons said the existing single family residences face Cleveland,and there 2 March 10,1992 ITEM NO.:4 Z-5548 Cont. would be no increase in traffic from the proposed uses. Mr.Simmons then presented some photos and said that he hastalkedwithseveraloftheneighbors. Carolyn Lewis,one of the owners,said the rezoning was for a daycare and the possible expansion of the existingclinic/office use.Ms.Lewis asked that the 0-3 be approved and told the Commission that a daycare was needed. Jeffery Hampton,adjacent owner to the south,said the owners of the property in question have the neighborhood's bestinterestinmind,and it was difficult to locate a qualitydaycare.Mr.Hampton expressed his support for the rezoning and made some additional comments. Billy Williams,Bittersweet Drive,objected to the 0-3 and presented a petition with 56 signatures opposed to the rezoning.Mr.Williams said the office zoning would create problems for the neighborhood and the existing clinic has increased traffic.He then discussed the history of the area and said major traffic problems have been created because of recent developments.Mr.Williams concluded by saying that housing values have decreased because of other nonresidential rezonings. Warren Campbell,1311 South Cleveland,told the Commissionthattherezoningwoulddestroyanotherneighborhoodand could start a cycle of deterioration.Mr.Campbell said thelotlacksthenecessaryareaforadequateparking,and there was vacant office property in the immediate vicinity. Mr.Campbell concluded by saying the homeowners stand to lose and asked the Commission to deny the request. David Simmons spoke again and discussed other zoning optionsfortheproperty.Mr.Simmons responded to some of the objections raised by the neighbors and said the clinic did not generate a lot of traffic. There was long discussion about utilizing a design review process for the property and amending the request to a PUD. After some additional comments,David Simmons requested adeferral. A motion was made to defer the issue to the April 21,1992 meeting.The motion was approved by a vote of 10 ayes, 0 nays,0 absent and 1 abstention (Ramsay Ball). 3 March 10,1992 ITEM NO.:5 Z-5549 Owner:Landel,Inc. Applicant:Landel,Inc.by Sam M.Vogel,Jr. Location:4709 West 65th Street Request:Rezone from C-3 to C-4 Purpose:Auto Sales Size:1.04 acres Existing Use:Vacant Commercial SURROUNDING LAND USE AND ZONING North —Industrial,zoned I-2 South —Single-Family,zoned R-2 East —Vacant and Auto Sales,zoned C-4 West —Commercial,zoned C-3 STAFF ANALYSIS The property in question,4709 West 65th Street,is currently zoned C-3.The request before the Commission is to rezone the site to C-4 to permit auto sales.Directly to the east, at the corner of West 65th and Wakefield,there is an existing used car lot and the proposal is to extend the business onto the lot under consideration.At this time, there is one building on the property and approximately two-thirds of the lot is paved;the rear 100 feet are unimproved and wooded. Zoning found in the area includes R-2,R-5, C-3,C-4,andI-2.The site abuts C-4 on the east,C-3 on the west and R-2 on the south,the Wakefield Subdivision.Across West 65th, there is a large tract zoned I-2.The most recent zoning action in the general vicinity was a C-4 reclassification at the northwest corner of West 65th and Butler.Land use is a combination of single family,multifamily,commercial and industrial.There is also a baseball field located on the land identified by Z-1815.The existing single family residences are part of the large Wakefield Subdivision,whichistheneighborhooddirectlysouthofWest65thStreet. On the land use element of the 65th Street East Plan,the property is shown as "mixed industrial/commercial".Over the years,the city has endorsed a zoning pattern of C-3,C-4 andI-2 for the recommended land use concept.Based on the plan 1 March 10,1992 ITEM NO.:5 Z-5 49 Cont. and existing zoning,staff's position is that C-4 is areasonableoptionfortheproperty.It appears that zoninginplacehasnothadanimpactonthesinglefamilyresidences,and it is doubtful that the proposed C-4 will have any affect on the R-2 neighborhood.The lots directly behind the property are at a higher elevation,so the gradedifferenceshouldhelpminimizeanypotentialproblemscreatedbythereclassificationanduse. (In the C-4 district,open display is prohibited in the first 20 feet of the required front yard setback.) ENGINEERING COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of the C-4 rezoning as requested. PLANNING COMMISSION ACTION:(MARCH 10,1992) The application was represented by Tripp Vogel of VogelRealty,the owners of the property.There were no objectorspresent.(Staff did report that several calls in oppositiontotherequestwerereceivedbytheoffice.)Mr.Vogel answered some questions and described the existing uses in the area.Mr.Vogel told the Commission that the rear 100 feet were wooded and could act as buffer. Clark Monroe,the proposed buyer of the lot,said the property would be used for auto sales and has no immediate plans for the 100 foot area in the back of the site. Bob Brown,Plans Specialist,addressed the landscaping and buffering requirements.Mr.Brown said that a 15 foot buffer would be needed in the rear.Mr.Brown then answered some questions about landscaping. clark Monroe spoke again and said that he would place a fenceattheendoftheexistingpavement. A motion was made to recommend approval of c-4 as requested. The motion passed by a vote of 10 ayes,1 nay and 0 absent. 2 March 10,1992 I EM NO.:6 Z-5550 Owner:Amos and Sue Enderlin Applicant:Amos Enderlin Location:14,723 Cooper Orbit Road Request:Rezone from R-2 to I-3 Purpose:Concrete Batch Plant and Industrial Size:10.85 acres Existing Use:Contractor Storage Yard SURROUNDIN USE AND ZONING North —Vacant and Single-Family,zoned R-2 South —Vacant,zoned R-2 East —Vacant,zoned R-2 West —Single-Family,zoned R-2 STAFF ANALYSIS The site at 14,723 Cooper Orbit Road is located in Area II of the Extraterritorial Area and is zoned R-2.(The Enforcement staff has determined that the site has I-2 nonconforming status.)Currently,the land is being used as a contractor's yard for storage of construction equipment and building materials.There are also several structures on the property.The owner plans to add at least two more buildings and erect a concrete batch plant in the future.The zoning ordinance prohibits the expansion of nonconforming uses and, therefore,a reclassification is necessary prior to the proposed construction taking place.Because of the concrete plant,a reclassification to I-3 is necessary. Zoning is primarily R-2 in the immediate vicinity.At the corner of Cooper Orbit and Kanis Road,the zoning is C-1 and MF-6,which was accomplished through the recent rezoningeffortforAreaII.Land use in the area is primarily single family.Other uses found in the neighborhood include commercial,industrial,outside storage and "The Oasis",a religious retreat.The high percentage of the land is still vacant. The adopted plan for this part of Area II (Rock Creek Valley/Ellis Mountain)recommends single family use for the properties fronting Cooper Orbit Road.Other land use 1 March 10,1992 ITEM NO.:6 Z-5550 Cont. designations identified on the plan in the immediate vicinityareneighborhoodshopping,transition zone,and open space. The plan does not show any industrial zoning along CooperOrbitRoad,nor does it identify any areas for industrial use within several miles of the property. Rezoning the acreage under consideration to I-3 would be intotalconflictwiththeplan,and could have an adverse impact on the nearby single family residences.Establishing an I-3 zoning at this location could harm the livability ofthearea,create many unwanted problems,and destroy theruralcharacteroftheenvirons.Recognizing the propertyforlongtermindustrialusewouldbeasignificanttransgressionfromtheplanandshouldnotbeendorsedby approving the requested I-3 reclassification.And finally,the approval of the I-3 would be spot zoning,a planning concept that the City tends to discourage as much aspossible. ENGINEERIN COMMENTS There are none to be reported. STAFF RECOMMENDATION Staff recommends denial of the requested rezoning to I-3. PLANNING COMMISSION ACTION:(MARCH 10,1992) The applicant,Amos Enderlin,was present.There were approximately forty objectors in attendance.Mr.EnderlintoldtheCommissionthathehasownedthepropertysince 1971,and he was not notified of the Area II zoning effort. Mr.Enderlin said that he has been using the site since 1985 for the storage of heavy equipment and construction materials.He then discussed the proposed West 36th Street extension and the land use plan.Mr.Enderlin said the proposed concrete batch plant would meet all EPA requirements.Mr.Enderlin then described the property andsaidthesitehas800feetoffrontageonCooperOrbitRoad. Ned Wright,a member of The Oasis Board of Directors,spoke in opposition to the request.Mr.Wright described the mission of The Oasis and said the response has been overwhelming to their services.He then talked about improvements on The Oasis'ite,including offices,a lodge 2 March 10,1992 ITEM NO 6 Z-5550 Cont. and cabins.Mr.Wright said the property,a total of41acres,was picturesque and a I-3 rezoning would causeproblemsforthearea. Karen Owings,representing the Spring Valley Property OwnersAssociation,submitted some photos and a petition with over250namesopposedtotheI-3 rezoning.Ms.Owings describedthesurroundingusesandsaidthepropertyservedasanentrancetotheSpringValleyneighborhood.She thendiscussedpotentialproblemswithpollution,traffic andsafetyissues.Ms.Owens said the rezoning would impactpropertyvaluesandshewasverymuchagainsttheI-3. Jane Bristow,a resident across Cooper Road,opposed therezoninganddescribedthesite. Mark Lyons spoke against the request and discussed the West36thStreetextension.Mr.Lyons said Cooper Orbit was theproperty's only access. Stephen Giles,Assistant City Attorney,responded to some comments made about nonconforming uses. Amos Enderlin spoke again and said that he has never beentoldofatrafficprobleminthearea.Mr.EnderlindiscussedotherpropertiesandtheWest36thStreetextension. Jerry Gardner,City Engineering,commented on the West 36thextensionandsaiditwouldbeverylong-term before anyroadswereconstructed. The Commission voted on the I-3 rezoning as requested.TheI-3 was denied by a vote of 0 ayes,11 nays and 0 absent. 3 March 10,1992 ITEM NO.:7 Z-5551 Owner:Merchants Realty Company Applicant:Joe D.White Location:Stagecoach Road and Baseline Road Request:Rezone from R-2 to C-3 Purpose:Commercial Size:4.9 acres Existing Use:Vacant SURROUNDING LAND USE AND ZONING North —Industrial,zoned R-2 South —Vacant,zoned R-2 and C-3 East —Vacant,zoned R-2 West —Vacant,zoned C-3 STAFF ANALYSIS The request for the northeast corner of Stagecoach and Baseline is to rezone the site from R-2 to C-3 for an unspecified commercial.The property is vacant and has 450 feet of frontage on Baseline and 610 feet along Stagecoach Road.Fourche Creek is the east property line and there is some floodway involvement on the site.(Item A on this agenda involves land situated directly north of this request.) Zoning of the nearby properties includes R-2,C-2 and C-3. Currently,the three other corners at the intersection of Stagecoach and Baseline are all zoned C-3.Other commercial zoning is found to the west on Baseline and at Stagecoach and Crystal Valley.Land use found in the area is single family and commercial.Vacant land is quite common in the general vicinity,especially east of Stagecoach Road because of Fourche Creek and the wetlands. The Otter Creek District Plan and its land use element shows the property as part of a small industrial area.The other corners of the Stagecoach/Baseline intersection are identified as neighborhood commercial.A large portion of the land area to the east of Stagecoach is classified as floodway on the plan.It is the staff's position that a C-3 reclassification of the site is not a major deviation from 1 March 10,1992 ITEM NO.:7 Z-5551 Cont. the plan's recommended land use pattern for the intersection,and maintains the plan's general concept.Reclassifying theareaoutsidethefloodwaytoC-3 conforms to the tenorestablishedbytheotherthreecornersandwillnotimpactanyofthesurroundingproperties. ENGINEERING COMMENTS 1.Additional right-of-way dedication is required forBaselineandStagecoachRoads.The Master Street Planstandardforbothroadsis55feetfromthecenterline. 2.A 50 foot radius is needed on the corner. 3.The established floodway needs to be zoned OS anddedicatedtotheCity. STAFF RECOMMENDATION Staff recommends approval of C-3 and OS for the floodwayarea. PLANNING COMMISSION ACTION:(MARCH 10,1992) Joe White,the applicant,was present.There were noobjectors.Mr.White spoke briefly and agreed to OSzoningforthefloodwayanddedicatingit. A motion was made to recommend approval of C-3 and OS asamended.The motion was approved by a vote of 11 ayes,0 nays and 0 absent. 2 March 10,1992 ITEM NO :8 Z-5552 Owner:Thompson Electric Applicant:Joe D.White Location:Mabelvale West Road Request:Rezone from R-2 to C-3 and I-2 Purpose:Commercial and Industrial Size:9.93 acres Existing Use:Vacant SURROUNDING LAND USE AND ZONING North —Vacant,Single-Family,and Church,zoned R-2 and 0-3South—Vacant and Railroad Tracks,zoned OS and I-2East—Commercial and Industrial,zoned I-2 West —Vacant,zoned OS and I-2 STAFF ANALYSIS The request is to rezone a 9.9 acre site from R-2 to C-3(4.20 acres)and I-2 (5.73 acres).The land is situated on thesouthsideofMabelvaleWestRoadwhereNashLaneintersectsitandjustwestoftheareathatisreferredtoasthetownofMabelvale.Several hundred feet to the west is the location ofthefutureSouthLoop,and beyond the South Loop alignment isMabelvaleJuniorHigh.The entire site is vacant and asubstantialportionoftheproposedC-3 tract is in the floodway.Along the south boundary of the property is a 100 foot railroadright-of-way. Zoning in the area is R-2,0-3,C-3,I-2 and OS,with the siteabuttingI-2 and OS lands.Other nearby nonresidential zoningincludes0-3 and C-3.The most recent rezoning action involvedpropertylocateddirectlytothewestandthelandswerereclassifiedtoOS,0-3,C-3 and I-2.Land use is made up ofsinglefamilyresidences,a church,some small scale commercialandindustrial.Much of the immediate vicinity is stillundeveloped,including some of the 0-3,C-3 and I-2 parcels. On the Otter Creek District Plan,the property underconsiderationisrecommendedfor"mixed office/commercial"usesTherefore,the c-3 part of the request does not raise any planissues.After a careful review of the proposed I-2 for thebalanceofthesite,staff feels that an industrialreclassificationisjustifiableandshouldnotimpact the 1 March 10,1992 ITEM NO :8 Z-5552 Cont adjacent properties.This is reinforced by the fact that some oftheabuttinglandiszonedI-2 and the site borders the railroadtracks.Also,the proposed rezonings continue the zoning patternthatwasestablishedtothewestoverthelastseveralyears.(Originally,the Otter Creek Plan identfied the property as partofalargelightindustrialarea.) E GINEERI G COMMENTS 1.Mabelvale West is classified as minor arterial and theexistingright-of-way is deficient.The Master Street Planrequiresaright-of-way of 45 feet from the centerline. 2.The floodway needs to be zoned OS and dedicated to the City. STAFF RECOMMENDATION Staff recommends approval of C-3,I-2 and OS for the designated floodway area. PLANNING COMMISSION ACTIO (MARCH 10,1992) The applicant,Joe White,was present.There were no objectorsinattendance.Mr.White agreed to the OS zoning for the floodway and dedicating it to the City. A motion was made to recommend approval of C-3,I-2 and OS as amended.The motion passed by a vote of 10 ayes,0 nays, 0 absent and 1 abstention (John McDaniel). 2 March 10,1992 ITEM NO ' OTH R MATTERS ISSUE:Planning Commission review of a previously approvedSpecialUsePermitfor4005West13thStreet. STAFF REPORT: In February of 1991,a special use permit was approved by thePlanningCommissionforHooverUnitedMethodistChurchtooperateafacilityforsixunrelatedfemalesat4005West13th.(The Planning Commission's action was appealed to theBoardofDirectorsandtheBoardupheldthePlanningCommission's decision.)Several conditions were attached totheapproval,including a written survey of the propertyownersandareviewofthepermitbythePlanningCommissionin1992. The primary purpose of the hearing and the survey is to allowtheneighborhoodtomakepublicanyconcernsorproblemscreatedbythefacilityat4005West13th.As of thiswriting,staff has not received any calls complaining abouttheuseandnoneofthesurveyshavebeenreturned.ThePlanningCommissionwillneedtoconsiderallinputindecidingwhetherornottoextendthespecialusepermit for4005West13th. Approximately 40 surveys (35 notices)were mailed to propertyownerswithin200feetandneighborhoodcontacts.MoresurveysthannoticesweresentbecauseapropertyownercontactedthePlanningofficeandrequestedadditional copiesforneighborsthathadnotreceivedasurveyforonereasonoranother. PLANNI G COMMISSION A TION:(MARCH 10,1992) Rev.William H.Robinson was present.There were noobjectors.Rev.Robinson said there have been no problems orcomplaintsaboutthefacility. A motion was made to extend the Special Use Permitindefinitely.The motion was approved by a vote of 11 ayes,0 nays and 0 absent.(In the future,the Planning Commissionwillonlyreviewthepermitifacomplaintismade.) 1 p pl„,";"'f W''8 // PLANNING COMMISSION VOTE RECORD DATE &Wer ~t Aea~~i~y MEMBER 5 A '7 8 I Z 4. BALL,RAMSEY v v'v'W Pt;~ CHACHERE,DIANE WILLIS,EMMEIT v ~g i Z w ~v' v'CDANIEL,JOHN v NICHOLSON,JERILYN V V v'& OLESON,KATHLEEN v ~;.~V @ a 0 VONTUNGELN,JIM v v'~y.V'" PUTNAM,BILL WOODS,RONALD 0 SELZ,JOE H. WALKER,BRAD A v 8 ~4 2'v.4 TIME IN AND TIME OUT I2.'s BALL,RAMSEY CHACHERE,DIANE WILLIS,EMMEIT MCDANIEL,JOHN v'ICHOLSON,JERILYN OLESON,KATHLEEN VONTUNGELN,JIM PUTNAM,BILL WOODS,RONALD v SELZ,JOE H. WALKER,BRAD MeetingAdjoumed d IO P.M. AYE NAYE Al ABSENT ~ABSTAIN March 10,1992 There being no further business before the Commission,the meeting was adjourned at 3:10 p.m. -Fa