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HomeMy WebLinkAboutpc_08 13 1991LITTLE ROCK PLANNING CONNISSION REZONING BEARING NINUTE RECORD AUGUST 13,1991 1:GG P.N. 1,Roll Call and Finding of a Quorum The Quorum was present.being ten in number. II.Approval of the Ninutes of the Previous Neet.ing The minutes of the July 2,1991 meeting wexe approved as mailed,* 1II.Nembers Present:Fred Perkins,Chairman John NcDaniel Ramsey Ball Diane Chachere Rose Collins Jerilyn Nicholson Kathleen OlesonBillPutnam Joe Selz Brad Walker Nembers Absent.:Waltex'iddick,III City Attoxney:Earnest Sandex's,Jr. REZONING HEARING AUGUST 13,1991 UEFERREU ITENS: A.Z-5449 Stagecoach Road R-2 to I-2 B.Z-5451 4716 Baseline Road R-2 to C-4 C.Z-5452 2322 Brag@ Street R-4 to C-4 U.Z-5453 Colonel Glenn and Shackleford Road R-2 to I-2 REZUNING ITEKS: 1.Z-3572-A Alexander Road C-3 to R-2 2.Z-4635-B I-30 and Childers Utrive R-2,C-3, C-4 andI-2 to C-3 3.Z-5472 Rodney Parham and Hinson Road R-2 to C-3 UTHER NATTERS: 4 Z-5471 Hiss Selma's School C.U.P. August 13,1991 ITEN NG.:A Z-5449 own ex".Merchants Realty Company Applicant,:Joe D.White Locat.ion;Stagecoach Road (north of Baseline Road.) Reguest.:Rezone from R-2 to I-2 Purpose:Industrial Size:7 8 acx'es Exist.ing Use:Warehouse (Vacant.) SURRGUNDING 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 ANALVSIS The property in guestion is located on Stagecoach Road (Highway 5)just north of Baseline Road.The xequest is to rezone the 7.S acres from R-2 to I-2.Currently,there axe three structux.es on the property,and all axe unoccupied atthist.ime.In the past,the buildings were utilized for warehousing and othex related activities.Fourche Creek bisects the southeast.corner of the site and there is a substantial floodway involvement on the property. 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 and industxial.Throughout the area,a high percentage of landisst.ill vacant.,especially east of Stagecoach Road because of Fouxche Creek and the wetlands. The Gttex Creek Plan recognizes a port.ion of the property for industxial use for the land axes outside of the floodway.Based on the land use element an I-2 reclassification fox the nonfloodway ax'ea is appropriate. The remaining acreage is identified as floodway on the land use plan.City policy states that.floodway lands are to he zoned GS and dedicated to the city.In this case,a 1 Augus't 13„1991 ITEN NO.:A 2-5449 i Cont. majority of the property is in the floodway and,in fact„ two of the structures and a port.ion of the third building are in the designated floodway. ENGINEERING COMMENTS 1.Stagecoach Road is classified as a pxincipal artex ial and the xight.-of-way standard is 55 feet fxom the centerline.Dedicat.ion of additional right-of-way will be required because the exist.ing x'ight-of-way is deficient. 2.Dedication of established floodway. STAFF RECOMMENDATION Staff recommends approval of I-2 for the axe@ outside of the floodway and OS fox the floodway lands. PLANNING CONNISSION ACTION:(JULY 2„1991) At.the request of the applicant„the item was placed on the Consent Agenda fax'defex'ral.A motion was made to defer the issue to the August 13,1991 hear'ing.The motion was approved by a vote of 9 ayes,O nays and 2 absent.,The Planning Commission a3.so voted to waive the bylaw requixement for requesting deferra3.s. PLANNING COMMISSION ACTION:(AUGUST 13,3.991) The applicant was represented by John Buxnett.There wexe no objectors in attendance.Nr.Burnett xeviewed the request and stated that.the Coxps of Engineexs was sti13. studying the floodway question.He then requested a, deferral until there was some type of resolution of the floodway issue. Jerx'y Gaxdner,a city engineer,then addressed the Planning Commission,Nr.Gardner discussed the requirement for the dedication of additional right-of-way on Stagecoach Road and explained the dedication of the floodway 3.ands outside the existing fence.Be concluded by stating that the floodway needed to be zoned OS„and the area outside the floodway should be rezoned to I-2. 2 August 13,1991 TEN 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 1Q eyes,0 nays and 1 absent.. 3 August 13,1991 ITEN NG.:B Z-5451 Owner:Dale and Ron Broadaway Applicant:Ran Broadaway Location:4716 Baseline Road Reguest:Rezone from R-2 to C-4 Purpose:Mini-stoxage units and Rug Doctor Size:2.84 acres Existing Use:Nini-storage units and Rug Doctor (nonconforming) SURRGUNDINQ LAN USE AND ZGNINC North —Single-family,zoned R-2 South —Commercial,zoned R-2 East -Single-family,zoned,R-2 West —Commercial,zoned R-2 STAFF ANALYSIS The pxoperty at 4716 Baseline Road is currently zoned R-2, and the xeguest is to rezone the site to C-4.Currently, thexe are two uses on the 2.8 acres,a gxoup of mini-storage units and Rug Doctor.Both uses ax.e nonconfoxming and,the ownexs would like to add another stx'ucture to house additional storage units.Rezoning of the site must.first. be accomplished because the ordinance prohibits expansion of nonconforming uses.Also,site plan review will be required because of having multiple buildings on the pxopexty. In the surrounding ax'ea„the primary zoning is R-2;other nearby zoning includes G-3 and C-3.Land use is a combination of single family,mobile home parks,a chux'ch,a school,office and auto related uses.For properties that front on Baseline,the existing uses range fx'om a chux'ch to a small neighborhood commercial center.The site undex'onsiderationabutssinglefamilylotsontwosides and a commercial use to the west.Directly across Baseline Road, there is a commercial use. The Geyei Spx'ings East land use plan shows the property as part of a large commercial area that extends fx'om Geyer Springs to Doyle Springs.Reclassifications to nonresiden- 1 August 13,1991 ITEN NG.:8 -5451 ont. tial districts in the immediate vicinity have been to either 0-3 or C-3,Because of the previous zoning actions in the neighborhood,staff feels that C-3 is more consistent with the area.A C-3 rezoning wil.l maintain the zoning pattern established by other rezonings and px'ovide a level of commex'cial services that are compatible with the adjacent properties. In the C-3 district.,mini-warehouse units are listed as conditional use.Therefore,a condition use permit will need to be approved by the Planning Commission,in addition to the rezoning action to allow the new units.The conditional use permit.process requix'es a site plan,so the multiple building issue would be addressed by the pexmit x'euler ENGINEERING CQNHENTS The right-of-way standard for Baseline Road is 90 feet„or 45 feet.from the centerline.Dedicatio~of additional right-of-way will be required because the exiting right.-of-way is deficient. STAPF RECOMMENDATION Staff recommends approval of C-3 and.not.C-4 as requested. PLANNINQ COMMISSION ACTION:(JULY 2 „1991) Staff reported that the item needed to be deferred.A motion was made to defer the request.to the August.13,1991 meeting.The motion was approved by a vote of 9 eyes, 0 nays and 2 absent, PLANNING CONNISSION ACTION.(AUGUST 13,1991) Ben Kittler was present and stated that.he was xepxesenting Ron and Dale Broadaway,the owners.There were no objectors,Nx.Kittler indicated that the owner's have no problems with the C-3 reclassification if the site's nonconforming status did not.become an issue. Jerry Gardner,a city engineer,commented on the right-of-way dedication for Baseline Road.Also,he discussed a franchise possibility for the building encroachment.There wexe additional comments made about the right-of-way dedication and a franchise agxeement. 2 August 13,1991 ITEN N .:B Z-5451 Cont. Nr.Kittler then amended the reguest to C-3 and agreed to dedicating the necessary right-of-way for Baseline Road. A motion,was made to recommend approval of a C-3 rezoning as amended.The motion passed by a vote of 10 eyes,0 nays and 1 absent. 3 August 13,1991 ITEN NG.:C Z-5452 owner:Dewey Ratcliff Applicant:Dewey Ratcliff Location 2322 Bragg Stxeet Request:Rezone from R-4 to C-4 Purpose:Auto Sales and Repair Size:0.15 acres Existing Use:Vacant SURROUNDING LANID USE AND ZQNING Noxth —Single-family,zoned R-4 South —Storage,zoned R-2 East —I-30 Right.-af-Way,zoned R-4 West —Vacant,zoned R-4 STAFF ANALVSIS 2322 Bxagg Street is currently zoned R-4 and the awner proposes ta utilize the si.te for auto sales and xepair.To allow the uses,the pxopexty must first be xezoned ta C-4. The site is a 50 ft.resident.ial lot with a vacant residence an it.The corner af East 24th and Bragg Street.is situated in close proximity ta the old VA IHaspital an Roosevelt Road and adJacent ta the I-30 rlgh't-af-way (This lot is a number af feet below the finished grade of the interstate roadway ) Zoning an the west side of I-30 is R-4,0-1,0-3,C-3 andI-2.The lat abuts R-4 on twa sides„and acrass East 24th Street,the zaning is I-2,The 6-1 lot to the north was rezoned several years aga for a barber shop,however„the property is still vacant.land.use in the immediate neighbarhaad is single family,a church,auto service, industrial starage,a park and the old VA Hospital complex. Between East 21st Street and East 24tlh Street,,the land useisresidentialwithascatteringofvacantlots.Along East 21st Stx'eet, the pattern vaxies somewhat with the addit.ian af several office and neighboxhood cammercial uses.Sauth of East 24th,the land use changes from residential ta commercial and industrial. 1 August 13„1991 ITEN NG.:C 2-5452 Cont., The lot at 2322 Bragg Street is not a C-4 site and the requested reclassification is totally inappropx iate for the location.Even though the property shuts an interstate and has I-2 zoning across the street,the lot is part of the residential neighborhood north of East 24th Street.This is reinfoxced by the land use element of the Central City district.plan which shows the property fox'ingle family use,And finally,a C-4 rezoning and certain uses allowed in C-4 coubd have an adverse impact.on the residential environment.of the neighborhood. ENGINEERING CONNENTS None reported. STAFF RECONNENDATION Staff recommends denial of the C-4 xezoning xeguest. PLANNING CGNNISSIGN ACTION:(JULY 2,1991) Staff informed the Commission that the xezoning reguest needed to be deferred.The item was placed on the Consent, Agenda and deferred to the August 13„1991 meeting.The vote was 9 eyes,0 nays and 2 absent. PLANNING CGNNISSIGN ACTION:(AUGUST 13,1991) Staff reported that the applicant submitted a wxitten reguest to withdraw the C-4 x'ezoning without prejudice.A mot.ion was made to withdraw the item without prejudice. The mot.ion was appx'oved by a vote of 19 eyes,o nays and 1 absent., 2 August 13,1991 ITEN NO.:D Z-5453 Owner:Richard F.Toll Applicant.:Patxick N.NcGetrick Location:Colonel Glenn Road and shackleford Road (southwest. corner) Request.:Rezone from R-2 to I-2 Purpose:Industrial Size:28.38 acx'es Existing Use:Vacant SURROUND1NG LAND USE AND ZONING Nox'th —Vacant,zoned I-1 South —Vacant,zoned R-2 East —Industrial,zoned R-2 and I-1 Nest.—Vacant and single-family,zoned R-2 STAFF ANALYSIS The request is to rezone 28 acres that.front Colonel Glenn and Shacklefoxd Road from R-2 to I-2.No specific plans for the property have been submitted,so the type of development ox use mix is unknown.The site is situated on the south side of Colonel Glenn,west of Shackleford and approximately 2,000 ft.east.of I-430.The proper'ty is vacant and heavily wooded. Zoning in the axea includes R-2„C-2,I-1 and I-2.Across both Colonel Glenn andI Shackleford,there axe existing I-1 tracts.The existing land use is single family,commexcial, industrial and a junkyard,Thex'e are a number of vacant.sites found in the area. The I-430 district.plan shows the property and a large area south of Colonel Glenn Road fox industrial development.. Therefoxe„an industxial reclassification conforms to the adoptive plan and is appropriate For the site under consideration.Because of previous zoning act.iona,staff does suggest that the land be rezoned to I-1 and not,I-2 as requested.I-1 is the district that has been utilized for properties south of Colonel Glenn and continuing I-1 pattern should be reinforced thxough the current.request..(I-1 is a 1 August.13»1991 ITEN NO.:D -5453 Cant. site plan xeview district..)In addition ta the I-1,staff also recommends that.a 50 feet OS strip be zoned an the west side of the property because of several xesidential uses along Talley Raad. ENGINEERING COMMENTS Dedication of additions).dedication will be required far both Colonel Glenn Raad and Shacklefax.d Road, 1.The right-of-way standard far Colons).Glenn Road is 55 feet.from the centerline. 2.The right-of-way standard for Shackleford Road is 45 feet from the centerline. STAFF RECONNEN ATION Staff recommends approval of I-1 and a 50 foot OS stxip adjacent ta the west praperty line. PLANNING COMMISSION ACTION:(JULY 2,1991) Pat NcGetx'ick,the applicant,asked that the item be deferred ta the next zoning hearing.There were na objectaxs present and the item was placed on the Cansent Agenda.The rezoning was defex'red to the August 13,1991 meeting by a vote of 9 eyes,6 nays and 2 absent.,The Planning Cammissian also vated ta waive the bylaw provision for requesting deferrals. PLANNING COMMISSION ACTION:(AUGUST 13,1991) Staff infarmed the Commission that the applicant wanted the I-2 x'ezoning request withdrawn without prejudice.A mation was made ta withdraw the item wi.thout.prejudice.The motion was approved by a vote af 1O ayes,6 nays and 1 absent. 2 August.13„1991 ITEN NG,".1 Z-3572-A Owner:Singletree Corporation Applicant,:Joe D.White Location:Alexandez Road (at the city limits) Request:Rezone from C-3 to R-2 Purpose:Si.ngle Family Si,ze:0.99 acres Exist.ing Use:Vacant SURRGUNDING LAN USE AND ZGNING North —Vacant and single-family,zoned R-2 and the City of Alexander South —Vacant and single-family„zoned R-2 East —Vacant,zoned R-2 west.—Vacant and mobile home park,the City of Alexander STAFF ANALYSIS The request is to rezone approximately one acre in far southwest.corner of the city from C-3 to R-2.The site is adjacent to Alexander Road and abuts the City of Alexander along the north property line.At this time,the land is vacant,but is being cleared for a single family development..fA residential plat is in the process of being reviewed by the Planning Commission,which includes acreage in both Little Rock and the City of Alexander.) zoning in the area (for properties in little Rock)is R-2 and R-7A.There is no zoning in the city of'lexander. Iand use is more mixed than the zoning and includes single family,mobile home park,churches and several small scale commercial uses.Currently,all the nonresidential uses are found in Alexander. In 1981,the property in question was rezoned to C-3.The request also included land to the north that was rezoned toI-2.Since the initial rezoning in 1.981,the I-2 area has been reclassified to R-7A.The applicat.ion involved a total of ten acres in Little Rock with the balance of the ownership in the City of Alexander. 1 August 13,1991 ITEN NQ.:1 Z-3572-A Cont Rezoning the site to R-2 conforms to Qtter Creek District Plan and is the appropriate action to take at this time.ThesitedoesnotlenditselftoagualityC-3 development.,and the parcel should have never been rezoned to a commercialdistrictinthefirstplace.The reclassification will not. have an adverse impact on any of the surrounding properties. ENGINEERING CQNNENTS Alexander Road is classified as a minor arterial.The existing right-of-way is deficient and dedication of additional right-of-way will be reguired.The right-of-way standard for a minor arterial is 45 feet from the centerline. STAFP RECQNNENBATIQN Staff recommends approval of the R-2 rezoning. PLANNING CQNNISSIQN ACTI N:(AUGUST 13,1991) The applicant was present,.There were no objectors and the item was placed on the Consent Agenda.A mot.ion was made to recommend approval of the R-2 rezoning.The mot.ion passed by a vote of 10 eyes„Q nays and 1 absent.. 2 August,13„1991 ITEN NG.:2 Z-4635-B Gwnex'entral Property Hanagement/William L. Huffstutlar Applicant:Willi.am L.Huffstutlar/ Ronahd E.Tabor X.ocation:I-30 and Childers Drive Reguest.:Rezone from R-2„C-3,C-4 andI-2 to C-3 Purpose."Retail Size:16.4 acres Existing Use."Single Pamily„Gffice and Commexcial SURRGUNDING LAND USE AND ZGNING Noxth —Residential,zoned R-2 South —I-30 Right-of-Way,zoned R-2 East -Hobile Home Park and Commercial,zoned R-2 West.—Chuxch,zoned R-2 STAFP ANALISIS The issue before the Commission is to rezone 16.4 acres from R-2, C-3,C-4 and I-2 to C-3 fox a large retail user.ThesiteissituatedsouthwestoftheArkansasHighwayand Transportation Department complex,and has frontage on threestreets,Baseline Road,Childexs Drive and the I-30 fxontage/sexvice road,There are several types of structures on the R-2,C-3 and I-2 tracts,including single family,office and a building that is currently beingut.ilized by a chuxch.The C-4 land and the western portion of R-2 are undeveloped.. History on the property dates back to 1984 when the I-2 parcel was rezoned.In 1986,the C-3 and C-4 tracts were rezoned.Wi.th both zoning actions,some of the land adjacent to Baseli.ne Road was left R-2;the depth ranges from 150 feet,to 200 feet.This was done to protect several existing single family residences in the nox'theast corner of the site and to provide a buffer for the residential uses on the nox'th side of Baseline Road. 3. August 13„1991 ITEN NO.".2 Z-4635-8 Cont. Zoning on both sides of I-30 includes R-2,C-3,C-4 and I-2. The property abuts R-2 on the east side and the existing zoning across Baseline Road and Childers is R-2.The land use found in the general vicinity is made up of single family„multifamily,mobile home parks,commercial, industrial,a large church,and the State Highway Department.The existing commercial uses i~elude a motel, eating places„retail,auto services,outside sales and motorcycle sales.A number of the existing commercial uses on the north side of I-30 are nonconforming.Throughout the area„there are also some undeveloped tracts. The property in question is addressed in the Otter CreekDistrictPlan,however,due to a recent reconfigurat.ion of several planning districts,the site is now in Geyer Springs West.The current land use element identifies the southern portion of the 16 acres for strip or commercial development.. The area adjacent to Baseline Road is single family on the plan.A plan amendment,before the Board of Directors willshiftthecommerciallineslightlytothenor'th in attempt.to conform to the existing zoning line.Also,the amendment changes land use designation from "strip development"to "mixed commercial/industrial". A C-3 reclassification of the site that,already has the nonresident.ial zoning,C-4 and I-2,is proper,and shou.ld not create any hardships for the surrounding properties. The zoning issue that must be resolved with this applicati.oniswhetherornotitisappropriatetorezonetheR-2 area, to C-3.Endorsing the reguest as filed would move the nonresidential zoning line 150 and 200 feet.to the north and,therefore,place C-3 property directly across thestreetfromseveralresidentialuses. Staff has carefully reviewed the question of rezoning the R-2,and we are comfortable with the concept.of reclassifying the full R-2 strip to C-3.It.is our position that the existing residential uses on the north side of Baseline Road should only experience a minimal impact.,if any,from the rezoning the entire acreage. Because of the buffer requirement,45 feet.adjacent to Baseline Road,and the street.right-of-way,there will be adequate separation between the residential area and the nonresidential use to help eliminate any potential land use conflicts,.And finally,the area has undergone other zoning actions without feeling any affects.The addition of three acres of C-3 land will not compound any neighborhood problems that may exist. (The other reguired buffers are 30 feet on the west,42 feet: on the east and 45 feet along the I-30 frontage road.j 2 August 13,1991 IT NO.;2 Z-4635-8 Cont. ENGINE RING COMMENTS 1,Baseline Road is classified as a principal axterial, and the right-of-way standard is 55 feet.from the centerline.Dedicat.ion of addit.ional xight-of-way will be required because the existing x ight-of-way is deficient. 2.Childers Dxive xequires a right-of-way 30 feet from the centerline. 3.Because there could be some traffic and access issues, contact with both the Arkansas Highway and Txansportation Department and city engineering should be made as soon as possible. STAFF RECONNENDATION Staff xecommends approval of the C-3 request as filed. PLANNING CONNISSION ACTION:(AUGUST 13,1991) The applicant was present..There wexe no objectors in attendance and the request.was placed on the Consent Agenda. A motion was made to recommend appx'oval of the C-3 rezoning as filed.The motion was approved by a vote of 10 ayes, 0 nays and 1 absent. 3 August 13„1991 ITEN NO.:3 Z-5472 Owner:Nx.and Mrs.W.R.Camp Applicant:Hr.and Nxs.W.R.Camp by Beth Zaunex'ocation: Rodney Parham Road and Hinson Road (Northwest Corner) Reguest:Rezone from R-2 to C-3 Puxpose:Commercial Size:2.41 acxes Existing Use:Single Family SURROUNDING LAND USE AND ZONING Noxth -Vacant and Single-Fami.ly,zoned R-2 South —Nuit.ifamily,zoned R-5 East.-Vacant,zoned PCD West —Vacant and Single-Family,zoned R-2 STAFF ANALYSIS The northwest corner of Rodney Paxham and Hinson Roads is curr'ently zoned R-2,and the reguest is to rezone the propexty to C-3 for an unspecified commercial user.Thesiteencompasses2,4 acres with street frontages of approximately 4OO feet of Rodney Parham and 182 feet.on Hinson Road.There are a total of five structures on the property„two residences,a detached carport.and two accessory buildings. In the general vicinity of the Rodney ParhamjHinson intersection„the zoning is R-2„R-5,NF-24,O-3,C-3, C-4 and PCD.To the east on Rodney Paxham for several miles, the existing zoning pattexn can be best descxibed as a commercial strip.There is also some commexcial zoning on the east side of Green Mountain Drive,south of'odney Parham.Going west on Hinson Road,the zoning is pximarily residential„however„ther'e are some office tracts and a PCD site on the south side of Hinson.West and north of the site is the Pleasant Valley development.,which is zoned R-2 and R-4 (the golf course). 1 August:13,1991 ITEN NO 3 2-5472 Cont. I,and use is similar to the zoning and includes singl.e family,mult.ifamily,office,commercial,a cemetery and a golf course.The property under co~sideration shuts a vacant tract on the west and across Valley Club and Buff Lane,there are single family residences.The northeast cornex'f the intersection is zoned PCS for specific x'etail user,but it is undeveloped at this time. The Pleasant Valley District Pl.an identifies the site for office use,as well as the north side of Rodney Parham from the Hinson intersection to Hidden Valley Orive.The plan also shows the south side Hinson Road from Napa Valley back to the east.for office development.At the intersection of Hinson and Rodney Parham,only the southeast corner,zoned C-2,is recognized for commercial use on the plan,(Because of changes to the planning districts,the Pleasant Valley District no longer exists and is now part of the River Nountain,Chenal and Rodney Paxham Districts). A commercial reclassification of the property is in conflict.with the adopted plan,and staff does not.support the x"equest.The proposed C-3 rezoning is a significant deviation from the overall direction of the land use element., and C-3 would have a negative impact.on some of the surrounding px'opex'ties.Continued use of the site as single family is probably unrealistic,however,rezoning to C-3 is just as questionable and totally inappropriate. ENGINEERING COMMENTS The right,-of-way standard fox Rodney Parham and Hinson Roadis45feetfromthecenterline.Dedication of additional rights-of-way vill be requ.ixed because the exist.ing rights-of-way are deficient„Rodney Pax'ham may need more than the 45 feet of right-of-way depending on the design of the intersection and a possible turning lane. STAFF RECONNEN)3ATION Staff recommends denial of the C-3 rezoning xequest. PLANNING COMMISSION ACTION:(AUGUST 13,1991) The applicant.was represented by wes Lovder.There were approximately 25 objectoxs in attendance.Nr.Lowder provided some background information and said that he understood that there was a lot of opposition to the rezoning.He stated the ovnexs,the Camps„have lived 2 August 13,1991 ITEN NO.:3 Z-5472 Cont, on the site for a numlber af years and have never had a desire ta sell their property until now.He went.on ta describe the'insan Road/Rodney Parham intersection and the future videning of Hinson Road.Nr.Lowder indicated that. the propased improvements to Hinson IRaad vauld p3.ace the roadway just several feet.fxam the existing xesidence,and the Camps did,nat want the road in their fxonit door.He then described tlhe thinking which led to filing the C-3 request, including a meeting with the staff.He did point aut that the staff discouraged a commercial rezaning at this time. Nr.Lowder said the Camps were sensitive ta the neighbarhaad and they wanted to be coopexative.He then proceeded to discuss a PUD far the praperty and some af the potenitial drawbacks with utilizing the PUB process.Alsa,he stated that the Camps were not interested in deve3.oping the property,but they just wanted to sell it.Nx.I ovder cancluded by stating there vas some room fox compromise and they vere apen ta G-2 or C-2 ta ensure addit:ional reviev by the Planning Commission. Hal Kemp spoke and stated that,he vas representing some af the neighbors opposed to the C-3 rezaning.Nx .Kemp then proceeded to discuss the xequest and staited that it was not in harmony witlh the resident.ial neighboxhoodl nox vas it campatible with the same neighboxhood.He then described Rodney Parham and Hinson Road as the last barriers to prevent commercial encroachment into the Pleasant Valley Subdivision. He went an ta remind the Commission of the Board ofDirectars'mphasis on protecting and preserving residential neighiborhaods.Mr.Kemp stated that the Camps were good neighbox's and tlhe neighbaxhoad appreciated the Camps resisting commercial development of the pxopexty up to this point.He said that most of the neighbors were not planning to move and would be adversely impacted by commercia3.use on the site.IHe tlhen disputed the notion that C-3 ar office use was the highest or best use of the land.Nr.Kemp asked the Commission to imagine a xesidential deve3.apment.,patio homes, an the site with a laxge wa3.1 along IRodney Paxham and Hinson Road.He stated an attached xesidential use vas consistent with the neighborhood,and a Texaco station was not. Nr.Kemp requested the Commission to be sensitive to the neighborlhcad and to reject,the C-3 rezoning, Bart NcAninch„a resident:in the immediate vicinity,spoke and stated tlhat there was a serious traffi.c prob3.em in the area.Mr.NcAninch described ether rezanings that have created water prablems far him,and said he vas opposed ta any zonimg other tlhan sing3.e family. 3 August 13,1991 ITEN NO ~".3 -5472 Cont. William Burgess spoke against.the rezoning and voiced some of the same concerns as those raised by Nr.Kemp and Nr.NcAninch.Nr.Burgess stated that.traffic was the major problem and a commercial use of the corner would severely compound the situation.He indicated that.some kind of townhouse development fox the site would be a reasonable option. Mes Lowder spoke again and indicated that.a C-3 reclassi- fication appeared to be inappropriate for the site.He discussed the possibility of amending the application and made some additional comments about the area and modifyinq the request.He then stated that he would like to work with the surrounding residents and asked for a 36 day deferral to come up with some equitable solution other than residential.Nr.Lowder felt that leaving the property R-2 was unfair to the Camps. Hal Kemp responded to Nr.Lowder's comments.Nr.Kemp stated that.a deferral was appropriate and the neighbors were willing to meet.with Nr.Lowder. There were some addit.ional discussion„and Nr.Lowder then formally requested a 30 day deferral.He said he would make every effort to meet with the property owners to resolve the rezoning issue ~ A mot.ion was made to defer the request.to September 24„1991. The motion passed by a vote of 9 ayes,0 nays,1 absent and 1 abstention (Kathleen Gleson). 4 August 13,1991 ITEN NG.:4 NAME:Miss Selma's —Conditional Use Permit (E-5471) LOCATION:7818 "T"Street OWNER APPLICANT:Michael B.and Robin R.Smith PROPOSAL:Development of a Childcare Facility O DINANCE DESIGN STANDARDS 1.Site Location There are fenced residential lots to the west.Two residential lots are to the east.The other lots to the east provide parking and facilities for a coin operated car wash. 2.Com atibilit with Nei hborhood The proposed use is very compatible with the neighborhood.There axe at.least five other structures belonging to the applicant.which serve as childcaxefacilitiesinthisblockof"T"Stxeet., 3.On-Site Drives and Parkin The applicant plans to use the existing circular dxive and parking that i.s located on the site across from the proposed site."T"Street dead-ends to the west.where the current parking is taking place. 4.Screenin and Suffers The applicant.plans to utilize the existing maturetreesandfoliageforscreeningandbuffers.If moreisneeded„then the applicant will comply. 5.Cit.En ineex.in Comme ts The Engineering Department has recommended to the applicants that they file for a x'ight.-of-way abandonment for "T"Street which shuts the applicant's property. 1 August,13,1991 ITEN NO.:4 Cont. 6.Staff A al s's The intent of the applicant.is to remodel a single family home into a childcare facility.There will be no modification of the exterior of the structure. The interior will be xemodeled to accommodate four classrooms with a capacity of 8 to 1O students and one teacher per classroom.There will be xemovable playground equipment on the front lawn. Access to the building will be by foot from "T"Street up to the existing driveway.Traffic will move down"T"Street which dead-ends west of the proposed use. The children then will be taken by a teacher from the delivery vehicle to the building..The vehicle will then move thxough an existing circular drive in front of the proposed site. The entire block (Lots 2 through 6)adjacent and to the south has been operated as a school for grades K through 6th,and childcare facility for a long period of time.The building will be operated as a childcare facility for children ages 2 through 4 years old. Bours of operation will be fxom 7:3O a.m.to 6:QQ p.m., Nonday thxough Friday. 7.Staff Recommendat o Staff recommends approval of the Condit.ional Use permit subject to the applicant filing for the right-of-way abandonment and its approval. SUBUIVISION CONNITTEE CONNENTS:(JULY 18„1991) The applicants were in attendance.Staff gave an overview of what the applicant was requesting.Berry Gardner of the Engineering Oivision stated that it would be to the advantage of the applicant to abandon that.portion of"T"stx'eet that fronts all the structures.The applicant's stated that,although they do not own all of the lets,thexe should not be a pxoblem.Staff also advised the applicants to submit a mastex'lan showing the structures the school alxeady occupies. Thex'e being no additional discussion on this item,the item was forwarded to the full Commission for action. 2 August 13,1991 ITEN NO.:4 Con't, PLANNING CDNNIS IDN ACTION:(AUGUST 13,1991) The applicant.was not in attendance.There were no objectors present.There was some di.scussion about.whethez the item should be heard in the absence of the applicant.A mot.ion was then made to defer this item until the next meeting fax.the Planning Commission on September 16,1991. The motion passed by a vote of 16 eyes,0 nays and 1 absent.. ENGINEERING CONNENTS UPDATE:(AUGUST 22,1991) As stated in the Subdivision Committee's Act.ion,there was some concerns about the applicant needing to abandon a portion of "T"'treet,that fronts all of the structures.It has now been determined by the engineexing staff that.thexeisnolongeraneedfoztheabandonment.Staff has also been informed that the circulation pattern meets the tzaffic engineezing staff's approval. At.the request of the Engineering staff and agzeed upon by the Planning Commission chairman,this request.will be heaxdattheAugust27,1991 Planning Commission public hearing. 3 PLANNING COMM/SSION VOTE RECORD OATH u /8 IP9''nmsew u A c~ewDA /peaubaw A c&ewaA NENHER /z c D B v' y v v' v v v V v v' v'v ~9 v'V' A v w I v'v XNE OUT Hall Ramse j '.04 1 ..- NcDeniel,John '.0a Riddick Walter III f'oc k AguN&&hiED A 7 Y AYE Q NATE +ABSENT +ABSTAIN August 13„1991 There being no further business before the Commission,the meeting was adjourned et.2:05 p.m,