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HomeMy WebLinkAboutpc_07 10 1997I. II. LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD JULY 10, 1997 4:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. Approval of the Minutes of the Previous Meeting The Commission approved the minutes of the June 12, 1997 Planning Commission meeting by a unanimous vote. Members Present: Members Absent: City Attorney: Craig Berry Herb Hawn Bill Putnam Suzanne McCarthy Doyle Daniel Hugh Earnest Ron Woods Larry Lichty Mizan Rahman Pam Adcock Sissi Brandon Stephen Giles LITTLE ROCK PLANNING COMMISSION REZONING AND PLANNING AGENDA JULY 10, 1997 4:00 P.M. I. DEFERRED ITEMS A. Parks Plan Amendment - River Mountain B. Land Use Plan Amendment - River Mountain District C. Land Use Plan Amendment - 65th Street West District II. REZONING ITEMS 1. Z -3371-F Southeast corner of R-2 & C-2 Col. Glenn & Bowman to 0-2, 0-3 Road & C-3 2. Z -3799-B 12024 Vimy Ridge Rd. R-2 to C-3 3. Z -4050-A 209-211 North Summit R-4 to R-5 4. Z -5239-E 500 East Roosevelt R-4 to C-3 5. Z-6308 6215 Fourche Dam Pike R-2 to C-3 6214 East Roosevelt 6. Z-6332 8209 Baseline Road R-2 to C-3 7. Z-6335 1619 Rebsamen Park Rd. I-2 to C-3 8. Z-6336 13401 Baseline Road MF -6, MF -12 & OS to R-2 III. OTHER MATTERS/PLAN ISSUES 9. Z-6313 Baker Day Care Family Home Special Use Permit 10. Z-6334 Bures Bed and Breakfast Special Use Permit 11. Land Use Plan Amendment - River Mountain District f ea� W W T w w a Ln m ctF ti N T 7 W - Z 'II O � a olly�' LL J a� Z O w 0 x h � S O U n i 2 1`Jda O NOI'li o05 5 SSN�ad S ui Off\ 3 a u. hi N l� w s0 / wco J Lu Y� I d y a I i T v 3 2 \ U W n w 0 ww N Q3 OI I /N� SO U �gS w 2 OR' f1V�' OVA p ygt ti u° U �olno y / July 10, 1y97 ITEM NO.: A NAME: River Mountain Neighborhood Park Expansion Master Parks Plan Amendment LOCATION: Northwest of Russ Street between Walton Heights/Candlewood and Pankey REQUEST: Remove area from the Master Parks Plan SOURCE: Property Owner STAFF REPORT: The site is located north of Cantrell Road between the communities of Pankey and Walton Heights/Candlewood. The property lies northeast of Russ Street and is part of the hillside that rises to Walton Heights/Candlewood. Single Family homes of the Pankey Community are along Russ Street. The Master Parks Plan, which was adopted in 1983, depicts this site as an area for expansion of the River Mountain Neighborhood Park. The River Mountain Park has not yet been developed though the City does own property for part of it. The area to the north and southeast is shown on the Land Use Plan as Parks/Open Space. The area to the east is depicted as Parks/Open Space and Singe Family. Single Family is also shown on the Plan to the west and southwest of the site. The area is zoned R-2 Single Family. Parks staff has reviewed the proposal by the owner requesting a change from Parks/Open Space to Single Family. This property is on the Parks System Master Plan as a Priority One acquisition. The property was originally planned to be part of a regional park, and due to its rugged nature, would primarily be used as open space and rustic trails. Since the Park System Master Plan was adopted, the City has acquired adequate open space (such as, Fourche Creek Bottoms, Two Rivers and other River Mountain property). Currently, the City's priority is for land that accommodates active recreational needs (soccer, ballfield etc.). Consequently, Parks will not recommend acquiring this property and will be amenable to owner's request of removal from the Parks Plan. STAFF RECOMMENDATION: Approval � C July 10, 1y97 ITEM NO.: A (Cont.) PLANNING COMMISSION ACTION: (June 12, 1997) The item was presented by Pat Herman, Planner II. She indicated that owner was requesting the removal from the property from the Parks Master Plan to allow for development. The Parks Department had prepared a written statement indicating they were amenable to the owner's request. Jack Matthews, representative for the property owner, spoke in favor of the change. Ruth Bell, League of Women Voters, spoke against amending the Master Parks Plan. The Commission discussed alternative means of acquiring park and open space land and mentioned the possibility on an easement in the properties northeast corner. The Planning Commission requested that the Parks Department meet with the property owner to discuss alternatives for the property. The Commission voted (7-2) to defer the item to the July 10 meeting. PLANNING COMMISSION ACTION: (JULY 10, 1997) The Plans Committee met with Parks representatives Brian Day and Mark Webre on June 30, 1997. A discussion was held over the feasibility of the city purchasing the property due to the lack of acquisition funding. The Plans Committee agreed that plans for the River Mountain Park would not be hindered if this property was not part of the plan. The item was placed on Consent Agenda and approved 9-0, 2 absent. July 10, 1>97 ITEM NO.: H LOCATION• REQUEST: SOURCE: STAFF REPORT: Land Use Plan Amendment - River Mountain District Northwest of Russ Street between Walton Heights and Pankey Amendment Land Use Plan from Parks/Open Space to Single Family Property Owner The site is located on the hillside between the community of Pankey and the Walton Heights/Candlewood Subdivision, north of Cantrell Road. It is shown on the Land Use Plan as Parks/Open Space. This mirrors the Master Parks Plan which shows the property as an extension area of the planned River Mountain Neighborhood Park. The area to the north and southeast is shown on the Land Use Plan as Parks/Open Space. The area to the east is depicted as Parks/Open Space and Singe Family. Single Family is also shown on the Plan to the west and southwest of the site. The area is zoned R-2 Single Family. Land Use as Single Family is compatible with the surrounding uses and with the amendment to the Master Parks Plan. This would be a minor plan amendment. STAFF RECOMMENDATION: The Staff recommends approval of the Land Use Plan Amendment from Parks/Open Space to Single Family. PLANNING COMMISSION ACTION: (JUNE 12, 1997) Pat Herman, Planner II, requested the item be deferred until the July 10 meeting. The Planning Commission voted (9-0) for the deferral. PLANNING COMMISSION ACTION: (JULY 10, 1997) The item was placed on the Consent Agenda and approved 9-0, 2 absent. July 10, 1�j7 ITEM NO.: C NAME: City Land Use Plan Amendment - 65"' Street West Planning District LOCATION: South of Colonel Glenn Road, east of David O'Dodd Road and west of Interstate 430 REQUEST: From various uses to Commercial and Office SOURCE: White-Daters and Associates Staff Report: At the request of a property owner, a plan amendment review was initiated. The property owner requested a Community Shopping - Office -Suburban Office area be changed to Commercial and that a Suburban Office -Single Family area be changed to Office. Planning Staff reviewed the existing land use and zoning patterns in the area, as well as the land use plan. North - State Farm Insurance Office and Baptist System Support Center; zoned C-2 South - Vacant woodland; zoned R-2 East - Interstate 430 right of way West - J. A. Fair High School, single family residential and woodland; zoned R-2 There has been one recent land use amendment within the immediate area of the proposed land use changes. This change occurred in May 1996. The amendment was in the immediate area that the current request is in. The changes included: changing the area at the northwest corner of I-430/Colonel Glenn from CS to MOC, changing an area at the southwest corner of I-430/Colonel Glenn from CS to C, changing an area east of the High School from CS/SF to SO, changing an area north of the High School from SF to 0, changing an area at the southeast corner of the intersection of Lawson/Colonel Glenn from C to CS, and changing an area at the northwest corner of Colonel Glenn/Bowman from 0 to CS. The applicant has requested that the current Commercial land use area be extended to the south to a line that is even with the northern border of the High School; and be extended to the west to David 0' Dodd Road. After review of the area, Staff can support the expansion of the Commercial land use. The applicant has also requested that an area directly east of the High School be changed from Suburban Office and Single Family to Office. Staff believes that the Single Family south of the proposed Office needs to be protected. This could be done with a 50 foot Park/Open Space strip between the Office and Single July 10, 1y97 Planning Hearing ITEM NO.: C (Cont.) Family, or with a Suburban Office strip between the Office and Single Family. Staff believes that Office is not an inappropriate land use, but there needs to be protection of the future viability of the Single Family to the south. Staff Recommendation: Staff recommends expansion of commercial. Staff cannot recommend the approval of the Office as filed. PLANNING COMMISSION ACTION: (JUNE 12, 1997) Shawn Spencer, Planner II, presented the item. Mr. Spencer reviewed the Land Use Plan in the area. Staff did not have any concerns with the enlargement of the Commercial land use. Staff did have concerns with Office land uses abutting Single Family land uses. Staff feels the future viability of the Single Family would decrease if there was not any buffer between the two uses. Commissioner Adcock asked for deferral until information is provided on who the applicant is, what it is, what the intentions are for the property, and the effect on the area/city. Tim Daters, White-Daters and Associates, was present. Mr. Daters informed the Commission that he recently filed for a rezoning on this property at the July 10th Planning Commission meeting. Mr. Daters stated he would be willing to defer the item if the land use request could be considered at the same time as the zoning request. Commissioner Hawn proposed a Suburban Office area to be a buffer between the Office and the Single Family. Mr. Daters stated that the zoning he will be requesting at the next zoning hearing meeting is 0-2, which is not allowed in Suburban Office. Suburban Office requires a POD. Chairman Lichty asked Mr. Daters if he would briefly explain what was being planned for the property. Mr. Daters responded that a hospital was planned for the site. In response to a question by Commissioner Putnam there was discussion on why land use change request and zoning requests are heard at a different meetings. Commissioner Adcock asked staff to also provide if more hospital beds are needed and the empty bed vacancy rate. Commissioner Rahman asked staff for input from the School District about the impact of Office land use on Fair High School. He was also concerned with Office land use being next to potential Single Family. K July 10, 1997 Planning Hearing ITEM NO.: C (Cont.) Commissioner Hawn stated that the expansion of the Commercial was reasonable and rational. He was concerned with the abrupt change from Office to Single Family. Commissioner Hawn suggested Suburban Office as a stepdown from Office to Single Family. Mr. Daters proposed a strip of Suburban Office along the southern portion of the site. Then during the rezoning process some conditions would be added to the 0-2 zoning that would make it compatible with the Suburban Office land use, such as limiting building heights, building set backs, and extent of clearing and fill. These conditions would not negatively impact the adjacent undeveloped residential property. Commissioner Adcock made a motion to defer the item to the July 10`h Planning Commission meeting and hear the land use change request and the rezoning request at the same hearing; and the applicant is to incorporate a buffer between the Office and Single Family land uses. Motion was seconded. Motion carried. (8 ayes, 0 nayes, 3 absent) STAFF UPDATE: Staff has compiled the information as requested, and has included the information separately in the packet. PLANNING COMMISSION ACTION: (JULY 10, 1997) Shawn Spencer, Planner II, presented the item. Mr. Spencer indicated that Staff had met with the applicant, and the applicant had agreed to a buffer between the Office and the Single Family. Tim Daters, White-Daters and Associates, was present. Mr. Daters informed the Commission of the restrictions that would be placed on the southern border of the property. They included: a thirty foot natural wooded buffer, a fifty foot setback for any parking areas, and a seventy-five foot setback for any buildings. These restrictions would be placed during the rezoning process. Robert Vogel, Vogel -Jones Realty, was present to speak in favor of the land use change. There was discussion between Staff and Commissioners on the appropriateness of Suburban Office as a buffer between Office and Single Family on this particular case. Jim Lawson, Director of Planning and Development, stated that a strip of Open Space would create a better buffer between the two uses, than a strip of Suburban Office. He also stated that some of the concerns the Commissioners may have could be reviewed during site plan review. 3 July 10, 1y97 Planning Hearing ITEM NO.: C (Cont. Commissioner Daniel stated that he could not support the land use change as presented. Commissioner Lichty stated that the Commissioners had received a copy of a letter from the School District, which stated that the School District did not have any objections about the land use change. Commissioner Lichty asked Commissioner Rahman if he had heard any objections. Commissioner Rahman stated that the School Board does not have any objection to a change to Office. Commissioner Putnam stated that there is currently Office on the north side of the school, and he didn't see any problems with Office on the east side of the school. Commissioner Lichty made a motion to approve the land use plan as presented with a strip of Open Space along the southern border of the Office land use. Commissioner Putnam seconded. Motion carried (6 ayes, 4 nayes, 1 absent). 4 July 10, 1997 ITEM NO.: 1 FILE NO.: Z -3371-F Owner: Applicant: Location: Request: Purpose: Size: Existing Use: St. Vincent Infirmary Medical Center Tim Daters SE corner of Colonel Glenn Road and Bowman Road Rezone from R-2 and C-2 to 0-2, 0-3 and C-3 Unspecified future development 72± acres Vacant, undeveloped SURROUNDING LAND USE AND ZONING North - Undeveloped, zoned C-4 and C-2; Baptist Nursing School and Support Offices, zoned C-2 South - Undeveloped, heavily wooded; zoned R-2 East - I-430 right-of-way and undeveloped; zoned R-2 West - Undeveloped, zoned R-2 and J. A. Fair High School Campus, zoned R-2 PUBLIC WORKS COMMENTS 1. David 0. Dodd is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way will be required to 45 feet from centerline for this 5 lane minor arterial. Plus additional right-of-way for right -turn lane required at the Colonel Glenn intersection. 2. Colonel Glenn Road is listed on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 3. With Construction: a. National Pollutant Discharge System (NPDES) and grading permits are required prior to construction, site grading and drainage plan will need to be submitted and approved. b. Provide striping and signage plans for the development, for Traffic Engineering approval. c. Stormwater detention ordinance applies to this property. � l July 10, 1997 ITEM NO.: 1 (Cont.) FILE NO.: Z -3371-F d. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half improvements to these streets including 5 foot sidewalks. Provide right -turn lane for north bound David 0. Dodd arterial at Colonel Glenn. e. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. f. Prepare letter for street lights as required by Sec. 31-403. g. Plans of all work in right-of-way shall be submitted for approval prior to start of work. h. Contact the AHTD for work within the State Highway right-of-way. 4. Colonel Glenn Road has a 1995 average daily traffic count of 9,200. David 0. Dodd has a 1995 average daily traffic count of 1,000. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The site is located in the 65th Street West District. The Land Use Plan currently recommends Community Shopping (CS), Office (0), Suburban Office (SO) and Single Family for the site. A proposed Land Use Plan amendment is Item "C" on this July 10, 1997 agenda. Staff believes it is appropriate to expand the Commercial and Office designations on the Plan to support this requested rezoning. Staff does feel that it would be appropriate to require a buffer between the office and the undeveloped single family to the south of the site. STAFF ANALYSIS The request before the Commission is to rezone this 72¢ acre site from R-2 Single Family and C-2 Neighborhood Commercial to 0-2 Office and Institutional, 0-3 General Office and C-3 General Commercial. The proposed rezoning is as follows: R-2 to C-3 13.2123 acres R-2 to 0-3 8.6298 acres R-2 to 0-2 40.0 acres C-2 to C-3 9.9394 acres The property is located on the south side of Colonel Glenn Road, between Bowman Road and I-430. Approximately 40 acres directly at the southwest corner of Colonel Glenn and I-430 was recently rezoned to C-4, Open Display commercial. This OA July 10, 1997 ITEM NO.: 1 (Cont.) FILE NO.: z -3371-F subject property wraps around the C-4 site and extends southward, behind the J.A. Fair High School campus. The property is currently undeveloped and, for the most part, heavily wooded. No specific development has been proposed for the site through this rezoning action. Staff believes the proposed rezoning is appropriate for this site, located at the intersection of two arterial streets and an interstate highway, Colonel Glenn, Bowman Road and I-430 respectively. The property proposed for C-3 zoning wraps around the 40 acres already, zoned C-4. This will provide a transition from the more intensive, open display uses permitted by C-4 to the less intensive enclosed commercial uses permitted in C-3. The properties proposed for 0-3 and 0-2 provide a further transition and decrease in intensity between the commercial properties and any adjacent residential uses or residentially zoned properties. The 40 acres proposed for 0-2 zoning are located between a large institutional use, J.A. Fair High School, and the interstate. The uses permitted in 0-2, Office and Institutional district, should be compatible with the school. Any development of the 0-2 zoned property will have to be reviewed and approved by the Planning Commission. This additional level of review will further assure compatibility of any development on the 0-2 property with adjacent properties. Staff does feel that it is appropriate to require a buffer between the property proposed for 0-2 zoning and the undeveloped R-2 zoned property to the south. If the entire tract were developed as one project, the maximum buffer required by the Huffer Ordinance between office uses and adjacent residential properties would be 40 feet. Due to the terrain of the site, a 40 foot buffer would be sufficient in some areas and not as effective in others. The applicant is preparing information pertinent to the issue of buffering the south perimeter of the proposed 0-2 zoned property. STAFF RECOMMENDATION Staff recommends approval of the requested rezoning with a buffer along the south perimeter of the proposed 0-2 property. PLANNING COMMISSION ACTION: (JULY 10, 1997) Tim Daters and Robert Vogel were present representing the application. There were no objectors present. Staff presented the item and informed the Commission that the applicant had amended the application to include the following conditions on the proposed 0-2 property: 3 July 10, 1997 ITEM NO.: 1 (Cont.) FILE NO.: Z -3371-F 1. The South 30 ft. shall be preserved as a natural undisturbed wooded buffer. 2. No parking or drives shall be constructed in the South 50 ft. of the 0-2 zoning. 3. The building setback would be 75 ft. from the South property line. Staff recommended approval of the amended application. Tim Daters addressed the Commission in support of the application. He discussed the relationship of the site to other uses and zonings in the area. He stated that the conditions were offered in an effort to be sensitive to the potential residential use of the property to the south. Robert Vogel spoke in support of the rezoning. He estimated that $1,500,000.00 in excavation work would be required on the site due to its hilly terrain. He acknowledged that a hospital was the likely user of the 40 acre 0-2 site. Mr. Vogel described the current national concept of hospitals as being smaller facilities than were constructed in the past. He stated that this facility would possibly be a three-story building with 75 patient beds. Smaller out patient facilities would "spoke off" of the main building. Mr. Vogel stated that Columbia Hospitals was looking at a potential $60,000,000.00 investment in the site and the area proposed for rezoning was the minimum area needed for the facility. He stated that his contract with Columbia stipulated that the property be zoned 0-2. Mr. Vogel stated that Columbia had agreed to the proposed conditions on the southern perimeter of the 0-2 property. Commissioner Lichty asked if the proposed buffer could be increased to 50 feet in width. Mr. Vogel responded that it could. A brief discussion then followed concerning the advantages and disadvantages of having a 50 foot wide OS strip vs. the buffer and setback restrictions proposed by the applicant. It was felt by the Commission that there were more advantages to accepting the conditions offered by the applicant. A motion was made to approve the requested rezoning with the conditions offered by the applicant. The motion was approved by a vote of 9 ayes, 1 noe and 1 absent. 4 July 10, 1997 ITEM NO.: 2 FILE NO.: Z -3799-B Owner: Applicant: Location: Request: Purpose: Size: Existing Use: RKS Corp. Roy K. Smith 12024 Vimy Ridge Road Rezone from R-2 to C-3 Build new convenience store to replace existing convenience store. 1.16 acres Convenience store SURROUNDING LAND USE AND ZONING North - Single Family residence, zoned R-2; church, zoned R-2 with conditional use permit; various industrial uses, zoned I-2 South - Single Family residence, zoned R-2 East - Undeveloped, zoned I-3 West - Single Family residence, zoned R-2; undeveloped, zoned I-2 PUBLIC WORKS COMMENTS 1. Alexander Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way will be required to 45 feet from centerline for this 5 lane minor arterial. ADPC&E clearance of soils prior to dedication. 2. Vimy Ridge Road is listed on the Master Street Plan as a collector street. Dedicate right-of-way to 30 feet from centerline. ADPC&E clearance of soils prior to dedication. 3. With Construction: a. Grading permit will be required on this new development, if it disturbs more than one acre. b. Provide striping and signage plans for the development, for Traffic Engineering approval. c. Stormwater detention ordinance applies to this property. d. Provide design of streets conforming to "MSP" (Master Street Plan). e. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. f. Prepare letter for street lights as required by Sec. 31-403. July 10, 1997 ITEM NO.: 2 (Cont.) FILE NO.: Z -3799-B g. Plans of all work in right-of-way shall be submitted for approval prior to start of work. h. Contact the AHTD for work within the State Highway right-of-way. 4. Alexander Road has a 1995 average daily traffic count of 1,400. Vimy Ridge Road has a 1995 average daily traffic count of 4,900. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The site is located in the Otter Creek District. The adopted Plan recommends Commercial for this site. The C-3 request conforms to the Plan. STAFF ANALYSIS The request before the Commission is to rezone this 1.16 acre tract from R-2 Single Family to C-3 General Commercial. The site is occupied by a nonconforming dairy bar/convenience store with gas pumps. Once rezoned, this building will be removed and a new convenience store with gas pumps constructed in its place. The property is located at the northwest corner of Alexander Road and Vimy Ridge Road, a minor arterial street and collector street respectively. The area is rural in nature with only a scattering of single family homes located along Alexander Road. The properties north of Alexander Road, to I-30, are primarily Industrial. Single family homes are located directly adjacent to the north and to the west. New development of this site will provide better screening for these homes since the existing commercial use was developed without benefit of city landscape and buffer regulations. The C-3 zoning request conforms to the Otter Creek Land Use Plan which recommends Commercial for this site. Again, most all of the properties north of Alexander Road to I-30 are recommended by the Plan for Light Industrial or Industrial. The only exceptions are this site, recommended for Commercial, an existing church site, shown as Public/Institutional and the floodway, shown as Park/Open Space. The properties at the southwest and southeast corners of Alexander and Vimy Ridge Roads, although now zoned R-2, are recommended by the Plan to be Mixed Office Commercial. V, July 10, 1997 ITEM NO.: 2 (Cont.) FILE NO.: Z -3799-B STAFF RECOMMENDATION Staff recommends approval of the requested C-3 zoning. The request conforms to the Land Use Plan and is compatible with development in the area. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was present. 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 9 ayes, 0 noes and 2 absent. Q July 10, 1997 ITEM NO.: 3 FILE NO.: Z -4050-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Delanor Berry Delanor Berry 209-211 North Summit Rezone from R-4 to R-5 Convert existing duplex into a triplex. .2 acres Duplex SURROUNDING LAND USE AND ZONING North - Triplex residential structure; zoned R-5 South - Duplex residential structures; zoned R-4 East - Vacant land and industrial buildings; zoned I-3 West - Single Family homes, zoned R-3 PUBLIC WORKS COMMENTS 1. Each street needs dedication of right-of-way to 30 feet from centerline and construction of 1/2 street improvements to 18 feet from centerline with 5 foot sidewalk for this multi -family project. Corner radius should be improved to 25 foot minimum radius with a 20 feet radial dedication. 2. Driveways shall conform to Section 31-210 or Ordinance 16,577. PUBLIC TRANSPORTATION ELEMENT This site is not located on a Central Arkansas Transit Bus Route. A bus route does extend down 3rd Street/Markham, 4 blocks to the south. LAND USE ELEMENT This property is located in the Heights/Hillcrest District. The Land Use Plan is shown as Single Family (SF) at this site, as well as to the north, west and south. East of the site the land use plan shows Mixed Office Warehouse (MOW). The area was reviewed in 1995-96 as part of the Capitol View/Stifft's Station Neighborhood Plan, adopted by July 10, 1997 ITEM NO.: 3 (Cont.) FILE NO.: Z -4050-A resolution on June 6, 1996. Two land use plan amendments in the immediate area were approved at that time. To the east of the site the plan was changed from Industrial (I) to Mixed Office Warehousing (MOW). The area between Garland and Markham and from Park to the east was amended from Multi -Family to Single Family. The Capitol View/Stifft's Station Neighborhood Plan recommends the area continue to be Single Family. Staff supports the Neighborhood Plan and recommends denial. STAFF ANALYSIS The request before the Commission is to rezone this .2 acre lot from R-4 Two -Family to R-5 Urban Residence District. The property is currently occupied by a two story, brick and frame duplex residential structure. Due to the slope of the property, the structure has the appearance of one story from the front (Summit Street) and two stories from the rear (Gill Street). Once rezoned, the applicant proposes to finish out the lower floor as a dwelling, converting the structure from a duplex to a triplex. The property is located on the eastern edge of a small residential neighborhood bounded by Boone/West 3rd Street, Cantrell Road, the Deaf School and Gill Street. The neighborhood contains a mixture of single family, two-family and multifamily dwellings. A triplex built exactly as proposed by the applicant, is located on the R-5 zoned lot adjacent to the north. Several other duplex and multifamily residential dwellings are located south of this site. The properties located between this site and the Deaf School, to the west, are almost exclusively single family. This area was reviewed in 1995-1996 as part of the Capitol View/Stifft's Station Neighborhood Plan which was adopted by resolution on June 6, 1996. In an effort to encourage continued single family use in the neighborhood, two land use plan amendments were adopted at that time. One amendment changed this site, along with other properties in the vicinity from Multifamily to Single Family. The zoning of these duplex and multifamily properties was not changed. Staff feels it would be inappropriate to support R-5 zoning on this property in light of this recent Neighborhood Plan action. It was made clear by the Neighborhood Plan that additional multifamily zoning was undesirable in this area. E July 10, 1997 ITEM NO.: 3 (Cont.) FILE NO.: Z -4050-A STAFF RECOMMENDATION Staff recommends denial of the requested R-5 zoning. The request conflicts with the recently adopted Capitol View/Stifft's Station Neighborhood Plan and the Heights/Hillcrest District Land Use Plan. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was present. There were no objectors present. One letter of opposition had been received and forwarded to the Commission members. Staff presented the item and a recommendation of denial. Delanor Berry addressed the Commission in support of the application. He stated that the structure was originally designed to be a triplex but the lower level unit was never finished. Mr. Berry stated that there was adequate on-site parking to serve three dwelling units. He discussed the relationship of this site to other duplex, triplex and multifamily uses in the area. Commissioner Lichty asked what staff's recommendation would have been had the Plan not recommended Single Family for the site. Dana Carney, of the Planning Staff, responded that staff would likely have supported the R-5 request if the Plan recommended multifamily, due to the proximity of other duplex and multifamily properties in the area. Commissioner Hawn stated that he was concerned about the proposed R-5 zoning. He stated that he had been made aware of a halfway house being operated on R-5 zoned property in the area. Dana Carney listed the permitted uses allowed in the R-5 district, which did not include a halfway house. Commissioner Putnam stated that he felt the proposed R-5 zoning was appropriate in this case. He noted that the proposed third unit would be in the lower level of the building, taking access off of Gill Street. In response to questions from Commissioner Rahman, Mr. Berry stated that the building was approximately 30 years old and that the previous owner, who had owned it for twenty years, had never converted the structure into a triplex during that time. Commissioner Woods stated that he felt the requested R-5 zoning was appropriate for this site. He also stated that he felt the rezoning would not have a detrimental effect on the neighborhood. 3 July 10, 1997 ITEM NO.: 3 (Cont.) FILE NO.: Z -4050-A Commissioner Lichty asked Commissioner Hawn if he was still opposed to the rezoning since staff noted that a halfway house was not a permitted use in that district. Commissioner Berry asked if there was not opposition from the neighborhood association. Commissioner Hawn stated that the association had been notified but there was no response. Commissioner Hawn suggested to the applicant that he request a deferral and meet with the neighborhood association. Mr. Berry responded that he would like to meet with the association but that he would like a vote on his application today. Kathleen Oleson, of the League of Women Voters, urged the Commission to support the neighborhood plan and deny the rezoning. Commissioner Earnest stated that he was concerned that every new neighborhood plan seems to eliminate multifamily. After a further brief discussion of the number of multifamily units and accessory dwellings in the area, a motion was made to approve the requested R-5 zoning. The vote was 5 ayes, 5 noes and 1 absent. As stated in the Commission's Bylaws, the item was declared to be denied. N July 10, 1997 ITEM NO.: 4 FILE NO.: Z -5239-E Owner: R. J. Yelenich Applicant: R. J. Yelenich Location: 500 East Roosevelt Request: Rezone from R-4 to C-3 Purpose: Future development Size: 1.20 acres Existing Use: Asphalt parking lot SURROUNDING LAND USE AND ZONING North - Our House homeless shelter and training school; zoned R-4 with conditional use permit South - Service station, zoned C-4 and Vacant lots, zoned C-3 East - Service station, zoned I-2 West - Old V.A. Hospital building, zoned PCD PUBLIC WORKS COMMENTS 1. Roosevelt Road is a principal arterial on the Master Street Plan. This reduced standards principal arterial requires dedication of right-of-way to 35 feet from centerline. 2. With Construction: a. This four lane principal arterial needs the street widened to 24 feet from centerline. b. Grading permit will be required on this new development, if it disturbs more than one acre. c. Stormwater detention ordinance applies to this property. d. Sidewalks shall be shown conforming to Sec. 31-175 and the "MSP". e. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. f. Utility excavation within proposed rights-of-way shall be per Article V of Sec. 30. g. Prepare letter for street lights as required by Sec. 31-403. h. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 3. Roosevelt Road has a 1995 average daily traffic count of 15,000. July 10, 1997 ITEM NO.: 4 (Cont.) FILE NO.: Z -5239-E PUBLIC TRANSPORTATION ELEMENT This site is not located on a Central Arkansas Transit Bus Route. A bus route does extend down Main Street, 4 blocks to the west. LAND USE ELEMENT Located in the Central City District the site is shown on the land use plan as Mixed Office Commercial (MOC). It is located on Roosevelt Road at the old V.A. Hospital Complex. In the past 10 years there has been one land use plan amendment in this immediate vicinity. South of Roosevelt Road to 27th Street between Cumberland and I-30 the plan was amended from Single Family (SF) to Mixed (MX) in 1996. Staff recommends maintaining MOC for the area. MOC requires a PZD for development which would aid in the redevelopment of the V.A. complex. STAFF ANALYSIS The request before the Commission is to rezone this 1.20 acre tract from R-4 Two -Family District to C-3 General Commercial District. The tract is one of those created when the Veteran's Administration subdivided and sold in pieces the site of the old V.A. Hospital. This tract fronts directly onto Roosevelt Road and was used as a parking lot. The property is nearly completely covered with asphalt paving, although it is beginning to deteriorate. The applicant has no specific plans for the site once it is rezoned to C-3. Staff does not believe C-3 is an appropriate zoning for this site. The Central City District Land Use Plan recommends Mixed Office Commercial for properties along Roosevelt Road, from Cumberland eastward to I-30. The Mixed Office Commercial Category is defined as: "This category provides for a mixture of office and commercial uses to occur. A Planned Zoning District is required if the use is mixed office and commercial." In the past it has been interpreted that a rezoning request for the less intensive of the two categories in a Mixed District, for example Office in a Mixed Office Commercial category, would be appropriate. A request for the more intensive, Commercial in MOC, would not be appropriate. The current definition still seems to allow interpretation. 2 July 10, 1997 ITEM NO.: 4 (Cont.) FILE NO.: Z -5239-E Beyond the land use issue, staff questions whether C-3 for an unspecified commercial development is appropriate for this site. Recent Planning Commission actions related to the old V.A. Hospital site are reinforcing its continued use as Institutional. The Our House homeless shelter program has been approved for expansion. The PCD covering the main hospital building itself has recently been amended to allow its use by the Institute for Basic Life Principles, a residential training program. There are many uses in the C-3 District which will conflict with and potentially negatively impact the other uses approved for the rest of the old hospital site. Staff believes this site is appropriate for some type of nonresidential use. That thinking is reinforced by the Central City District Land Use Plan. It is appropriate and reasonable to require the level of review afforded by the PZD process for any commercial use for this site. STAFF RECOMMENDATION Staff recommends denial of the requested C-3 zoning. The request conflicts with the adopted Land Use Plan and is incompatible with other uses and development in the immediate vicinity. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant, Marc Yelenich, was present. There were no objectors present. One letter of opposition had been received and forwarded to the commissioners. Staff advised the Commission that the applicant was requesting a deferral. The property might be purchased by the party that owns the main part of the old VA Hospital site which would eliminate the need for this rezoning request. The applicant confirmed that he was requesting the deferral. A motion was made to defer the item to the August 21, 1997 commission meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 3 July 10, 1997 ITEM NO.: 5 FILE NO.: Z-6308 Owner: Billy Huey Applicant: Billy Huey Location: 6215 Fourche Dam Pike and 6214 East Roosevelt Request: Rezone from R-2 to C-3 Purpose: Remodel existing business Size: .45 acres Existing Use: Dairy bar with gas pumps SURROUNDING LAND USE AND ZONING North - Levee and undeveloped; zoned OS and I-1 South - Vacant; zoned AF East - Undeveloped and floodway; zoned R-2 West - Levee and vacant; zoned OS and R-2 PUBLIC WORKS COMMENTS 1. Both Roosevelt Road and Fourche Dam Pike are collectors on the Master Street Plan. Dedicate right-of-way for Fourche Dam to 30 feet from centerline. Roosevelt right- of-way is adequate as indicated. ADPC&E clearance of soils prior to dedication. 2. Improve both streets to collector standards with construction. 3. Other items which may need to be addressed with construction include: a.A grading permit and development permit for special flood hazard area are required prior to construction. b. All driveways shall be concrete aprons per City Ordinance. c. Provide stormwater detention per Ordinance 14,7870 and the "Drainage Manual". d. Utility excavation within proposed rights-of-way shall be per Article V of Sec. 30. e. Prepare letter for street lights as required by Sec. 31-403. f. Plans of all work in right-of-way shall be submitted for approval prior to start of work. July 10, 1997 ITEM NO.: 5 (Cont.) FILE NO.: Z-6308 PUBLIC TRANSPORTATION ELEMENT This site is located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The site is located in the Port Land Use District. The plan recommends Commercial for this site. The requested C-3 zoning conforms to the adopted Plan. STAFF ANALYSIS The request before the Commission is to rezone this .45 acre tract from R-2 Single Family to C-3 General Commercial. The site is occupied by a one story brick building housing a nonconforming dairy bar with gas pump service. The building is the only commercial building remaining from several along this portion of East Roosevelt Road which were heavily damaged by the March 1, 1997 tornado. Rezoning the site to C-3 will eliminate the use's nonconformity and will allow the applicant to remodel the building, including the possible addition of a covered picnic table area. The site is located at the northwest corner of East Roosevelt Road and Fourche Dam Pike. Zoning and uses are varied in the area although single family homes are the predominant use along East Roosevelt to the west and across Fourche Dam Pike to the southeast. A large vehicle impound lot is located on the I-2 zoned property across Fourche Dam Pike to the southeast. A portion of the large I-1 zoned tract to the northwest is occupied by the United Parcel Service facility. A floodway is located to the east of the site. The small size of the site, coupled with the presence of a levee across the back of the property will limit any future use of the property. The site has a long history of use as commercial, most recently as a dairy bar with gas pump service. Staff believes the C-3 request to be appropriate for this site. The applicant has requested a waiver of the requirement to dedicate right-of-way for Fourche Dam Pike. The Master Street Plan requires 30 feet of right-of-way from the centerline for this collector standard street. It appears there is currently only 20 feet from centerline. Staff cannot support a waiver of right-of-way dedication for this commercial use. 2 July 10, 1997 ITEM NO.: 5 (Cont.) FILE NO.: Z-6308 STAFF RECOMMENDATION Staff recommends approval of the requested C-3 zoning. The request conforms to the adopted Land Use Plan and is compatible with uses and development in the immediate vicinity. Staff recommends denial of the requested waiver of right-of-way dedication for Fourche Dam Pike. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The Commission was advised that, based on a City Attorney's opinion, right-of-way dedication would not be required through the rezoning action. The rezoning request was placed on the Consent Agenda and approved by a vote of 9 ayes, 0 noes and 2 absent. 3 July 10, 1997 ITEM NO.: 6 FILE NO.: Z-6332 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Agnes and Madison Wilson Madison Wilson 8209 Baseline Road Rezone from R-2 to C-4 Pawn shop with used car sales .95 acres Pawn Shop SURROUNDING LAND USE AND ZONING North - various industrial uses, zoned I-2; recently approved car wash/detail shop, proposed PDI South - Entergy Utility yard, zoned R-2, nonconforming I-2 East - Entergy Utility yard, zoned R-2, nonconforming I-2 West - Mobile home park, zoned R-2, nonconforming R-7 PUBLIC WORKS COMMENTS 1. Baseline Road is a principal arterial on the Master Street Plan. Dedicate right-of-way to 45 feet from centerline for this reduced standards principal arterial. 2. If reconstruction of property is planned: a. Driveway shall conform to Sec. 31-210 or Ordinance 16,577. b. Appropriate handicap ramps will be required per current ADA standards. 3. Baseline Road has a 1995 average daily traffic count of 15,000. PUBLIC TRANSPORTATION ELEMENT The site is located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The site is located in the Geyer Springs West District and is shown as commercial on the plan. The Plan shows Industrial is to the north of the site, Low Density Multi- family adjacent to the west, and Commercial to the east and south. Currently, there is a study to develop a neighborhood action plan, which includes this site. The July 10, 1997 ITEM NO.: 6 (Cont.) FILE NO.: Z-6332 Southwest Plan was begun in November of 1996 and is expected to be completed in the fall of this year. STAFF ANALYSIS The request before the Commission is to rezone this .95 acre site from R-2 Single Family to C-4 Open Display Commercial. A 5,700± square foot commercial building is currently located on the western portion of the property. The eastern half is vacant. The building has a history of nonconforming business use. It was most recently occupied by a pawn shop. Once rezoned, the applicant proposes to continue the pawn shop operation but will add vehicle sales to the site. The property is located in an area of mixed zoning and uses although industrial is the primary use to the north, south and east and residential is the primary use to the west. A large Entergy Utility yard occupies the R-2 zoned property adjacent to the east and south of the site. This industrial use is zoned R-2. Industrial uses occupy the majority of the properties across Baseline Road to the north. The Commission recently approved a PD -I for a car wash/detail shop across Baseline Road to the northeast. A nonconforming mobile home park is located on the R-2 zoned property adjacent to the west. Multifamily developments and a single family neighborhood are located to the west beyond the mobile home park. The Geyer Springs West District Land Use Plan currently recommends Commercial for this site and the large Entergy utility site. Low Density residential is recommended for the properties to the west and Industrial is recommended for properties to the north. Currently, there is an ongoing study to develop a neighborhood action plan, which includes this site. The study began in November of 1996 and is expected to be completed in fall of 1997. The results of that study will then be forwarded to the Commission. It is possible that changes to the Land Use Plan will come out of the study. Staff believes this site is appropriate for the requested C-4 zoning. It is located on a heavily traveled principal arterial. Industrial uses are located to the north, south and east. The single family residential neighborhood is separated from the site by a large mobile home park. The mobile home park is itself screened by the building which occupies the site. Redevelopment of this site must conform to current city code. Any areas proposed for vehicle sales will have to be properly paved and landscaped. No open display of any kind whatsoever is permitted in the first 20 feet of the required front yard setback area in the C-4 zone. K, July 10, 1997 ITEM NO.: 6 (Cont.) FILE NO.: Z-6332 STAFF RECOMMENDATION Staff recommends approval of the requested C-4 zoning. The request conforms to the current Land Use Plan and is compatible with uses in the area. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicants were present. There were two objectors present. One letter of opposition had been received from the West Baseline Neighborhood Association and had been forwarded to the Commission members. Staff presented the item and a recommendation of approval. Dana Carney, of the Planning Staff, informed the Commission that he had attended a meeting with the applicants and representatives of the neighborhood association on July 9, 1997. At that meeting, the association members stated that they would not accept C-4 zoning but that they would accept C-3 zoning and an automobile sales lot. Mr. Carney stated that he had informed the parties that a Planned Zoning District could accommodate such a mixture of uses. The applicants however, had stated that they wished to pursue the C-4 zoning. Commissioner Adcock asked Pat Herman, of the Planning Staff, to comment on the neighborhood action plan. Ms. Herman responded that the Plan study was ongoing and that she expected the Plan to be presented to the neighborhood in late August or September 1997. Asked what the neighborhood action plan proposed for this site, Ms. Herman responded that the plan would propose CS, Community Shopping. Madison Wilson spoke in support of his application. He stated that he wished to bring his nonconforming property into conformance with the zoning recommended by the current land use plan. He showed several letters from neighboring property owners all in support of the requested rezoning. Staff did not receive copies of those letters. Agnes Wilson spoke in support of the application. Ms. Wilson discussed commercial development in the area and stated that this site was appropriate for C-4 zoning. She stated that all abutting property owners supported the request. Ms. Wilson commented that she was not even aware of the existence of the neighborhood association until she was advised of its opposition to her rezoning request. Jim Kester, president of the West Baseline Neighborhood Association, addressed the Commission. He confirmed the meeting of the previous evening and stated that the association was willing to accept C-3 uses and an auto sales lot on the property but that they were not supportive of a 3 July 10, 1997 ITEM NO.: 6 (Cont.) FILE NO.: Z-6332 blanket C-4 zoning. Mr. Kester stated that association members felt that a planned zoning district was a reasonable alternative. Dana Carney, of the Planning Staff, stated that although staff felt C-4 was appropriate for the site, he had suggested the Planned Zoning District as an option which would satisfy the neighborhood's concerns and meet the applicant's needs. Commissioner Adcock stated that she would not support C-4. She stated that she would vote no if the item was not amended to a PZD. Jim Lawson, Director of Planning and Development, stated that he felt the suggested PZD was a good compromise. Commissioner Lichty asked the applicants why they would not accept the suggested compromise when it gave them exactly what they want. Mr. Wilson responded that staff had recommended approval of C-4. Commissioner Lichty stated that the neighborhood association had offered a very good compromise. Jim Lawson informed the Commission that based on new information, including the compromise suggested by the neighborhood, staff was changing its recommendation to one of support for a PZD with the permitted uses being an automobile sales lot and the list of permitted C-3 uses. Mrs. Wilson stated again that she wanted C-4 zoning. Commissioner Daniel told Mrs. Wilson that there are other uses in the C-4 district that the neighborhood objects to. He suggested that she work with the neighborhood. Commissioner Putnam asked Mrs. Wilson if she wanted to sell cars on the property. Mrs. Wilson responded that she did. Mr. Putnam told her that she could do that if she would accept the PZD as recommended by staff. Mrs. Wilson asked if accepting the PZD meant that other C-4 uses would not be permitted. Commissioner Hawn made a motion to approve the C-4 request as filed. The motion was seconded. Dana Carney explained to the Wilsons that the Commission was about to vote on the C-4 request as was filed, in spite of suggestions to them that a PZD was the better option. Mrs. Wilson responded that the Commission had recently approved a car wash just across Baseline Road. 4 July 10, 1997 ITEM NO.: 6 (Cont.) FILE NO.: Z-6332 The vote on the motion was 0 ayes, 8 noes, 1 absent and 2 abstaining (Putnam, Woods). July 10, 1997 ITEM NO.: 7 FILE NO.: Z-6335 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Edward and Laurie David Edward David 1619 Rebsamen Park Road Rezone from I-2 to C-3 Utilize existing building as restaurant or other permitted C-3 use. .19 acres Office and warehouse SURROUNDING LAND USE AND ZONING North - Vacant commercial building; zoned R-3 South - Restaurants and other commercial uses; zoned I-2 East - Railroad right-of-way and warehouses; zoned I-2 West - Parking lot, office building and commercial uses; zoned C-3 PUBLIC WORKS COMMENTS With Construction: a. Construct % street collector improvements with sidewalks. b. Bring driveway in conformance with ordinance. PUBLIC TRANSPORTATION ELEMENT This site is not located on a Central Arkansas Transit Bus Route. A bus route does extend down Cedar Hill Road, 2 blocks to the south. LAND USE ELEMENT The site is located in the Heights/Hillcrest District. The Land Use Plan recommends Commercial for all properties on the east side of Rebsamen Park Road from Cedar Hill Road north to Riverdale Road, including this site. The requested C-3 zoning conforms to the adopted Land Use Plan. ( i July 10, 1997 ITEM NO.: 7 (Cont.) FILE NO.: z-6335 STAFF ANALYSIS The request before the Commission is to rezone this .19 acre tract from I-2 Light Industrial to C-3 General Commercial. The site now contains a small, one story office building with a partial basement and a detached, cinderblock storage/warehouse building. The applicant proposes no specific use for the site but indicated that he may utilize the existing building for a restaurant or other permitted C-3 use. The property is located in an area of mixed zoning and uses with C-3 and I-2 being the predominate zoning in the area. A small, R-3 zoned single family residential neighborhood is located to the northwest, across Rebsamen Park Road. The I- 2 zoned properties to the south are occupied by a variety of uses ranging from offices to restaurants and a car dealership. The large area of C-3 zoning to the west and southwest contains a variety of commercial uses. A 100 foot wide railroad right-of-way is adjacent to the east and an I- 2 zoned warehouse development is beyond that. A vacant commercial building occupies the R-3 zoned property to the north. Staff believes the C-3 request to be appropriate for this site. The request conforms to the adopted Plan and is compatible with other uses in the area. The applicant needs to be aware that C-3 zoning does not allow for "carte blanche" use of the site. The small size of the property combined with the presence of existing structures will make it difficult to provide required parking. Potential users may find it necessary to file with the Board of Adjustment for a parking variance. STAFF RECOMMENDATION Staff recommends approval of the requested C-3 zoning. The request conforms to the Heights/Hillcrest District Land Use Plan and is compatible with other uses and development in the immediate vicinity. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was present. 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 9 ayes, 0 noes and 2 absent. 2 i July 10, 1997 ITEM NO.: 8 FILE NO.: Z-6336 Owner: Ken Lightfoot Applicant: Randy Alberius Location: 13401 Baseline Road Request: Rezone from MF -6, MF -12 and OS to R-2 Purpose: Future single family residential development Size: 27.69 acres Existing Use: Single Family residence and pasture SURROUNDING LAND USE AND ZONING North - New multifamily and golf course community now under construction; zoned MF -6 South - Undeveloped; zoned R-2 East - Single Family; zoned R-2 and Ironwood Family Fun Park; zoned PD -C West - Single Family; zoned R-2 PUBLIC WORKS COMMENTS Baseline Road is a principal arterial which requires 110 feet of right-of-way. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The site is located in the Otter Creek District. The Land Use Plan recommends Multifamily for that portion of the site closest to Baseline Road and Single Family for the majority of the site. Staff believes a minor plan amendment to single family for the northern portion of the tract is appropriate. The majority of the site proposed for R-2 conforms to the adopted Plan. July 10, 1997 ITEM NO.: 8 (Cont.) FILE NO.: Z-6336 STAFF ANALYSIS The request before the Commission is to rezone this 27.69± acre tract from MF -6 and MF -12 Multifamily and OS Open Space to R-2 Single Family. The northern 7± acres closest to Baseline Road is now zoned MF -12. The southern 17± acres is zoned MF -6. An 80 foot wide OS zoned buffer is located along the western and southern perimeter of the MF -6 property. The OS zoned property totals 2.5± acres. The OS strip was put in place to provide a buffer between any multifamily development on the site and the residential properties to the west and south. The applicant proposes to develop this 27.69± acre tract as a single family residential subdivision. The OS buffer will no longer be needed as it is not necessary to buffer single family from single family. The site now contains one single family residence. The remainder of the site is in pasture and woods. This area, west of Stagecoach Road, is currently experiencing a boom in residential development. New single family development has recently been approved further to the west. A new multifamily golf course development is now under construction across Baseline Road to the north. Properties to the south of this site were recently rezoned from MF -6 and MF -12 to R-2 and a new 150+ lot residential development was approved by the Commission. Rezoning this site from multifamily to single family is compatible with the emerging development pattern in the area. The Otter Creek District Land Use Plan currently recommends single family for the majority of the site. A portion of the tract nearest Baseline Road is recommended for multifamily by the Plan. Staff believes it is appropriate to approve a minor plan amendment from multifamily to single family for this area. STAFF RECOMMENDATION Staff recommends approval of the requested R-2 zoning and of a minor plan amendment to the Otter Creek District Land Use Plan from multifamily to single family. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was present. There were no objectors present. Staff presented the item and recommended approval of the requested zoning and of a minor plan amendment. The Commission was informed that the applicant had originally mailed the required notice in a timely manner but had mailed them via regular mail, not certified mail. Once advised of E July 10, 1997 ITEM NO.: 8 (Cont.) FILE NO.: Z-6336 the problem, the applicant remailed the notices via certified mail. The second mailing however, was only 8 days prior to the Commission meeting not 15 days as required by Commission bylaws. The Commission determined that adequate notification had been made and a motion was made to waive the Bylaws and accept the notification. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to approve the requested R-2 zoning and minor Plan Amendment. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 3 July 10, 1997 ITEM NO.: 9 FILE NO.: Z-6313 Name: Baker Day Care Family Home Special Use Permit Location: 33 Belmar Drive Owner/Applicant: Doyle and Beverly Baker Proposal: A special use permit is requested to allow the occupant of 33 Belmar Drive to operate a day care family home. The property is zoned R-2. STAFF ANALYSIS: The occupant of 33 Belmar Drive is requesting a special use permit to allow her to operate a day care family home at that address. She is currently licensed by the Arkansas Department of Human Services for 10 children. The hours of operation are 7:00 a.m. to 5:00 p.m., Monday -Friday. The business has been in operation for 15 years and the applicant was recently notified that a special use permit is required. The general purpose of Section 36-54 states: "Special use permits provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment." These uses include bed and breakfast hotels, family care facilities and day care family homes. The site and location criteria established by the Zoning Ordinance for day care family homes are as follow: a. This use may be located only in a single-family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. C. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. July 10, 1997 ITEM NO.: 9 (Cont.) FILE NO.: Z-6313 e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. 33 Belmar Drive is located in a single family neighborhood west of University Avenue at its intersection with Mabelvale Pike. All surrounding properties are zoned R-2 and are occupied by single family homes. The site contains a one- story frame residential structure which is typical of homes in the neighborhood. The rear yard is enclosed by a privacy fence, providing adequate play area. The site also contains a single wide driveway with room for two vehicles. The primary use of the property will remain single family residential. No signage will be permitted beyond that allowed in single family zones. The applicant already has her state license and has been in business for 15 years with no apparent adverse impact on the neighborhood. STAFF RECOMMENDATION Staff recommends approval of the special use permit to allow a day care family home subject to compliance with the site and location criteria established in Section 36-54. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, with conditions. The item was placed on the Consent Agenda and approved, as recommended by staff, by a vote of 9 ayes, 0 noes and 2 absent. 2 July 10, 1997 ITEM NO.: 10 FILE NO.: Z-6334 Name: Bures Bed and Breakfast House Special Use Permit Location: 501 North Palm Street Owner/Applicant: Joseph and Cindy Bures Proposal: A special use permit is requested to allow the occupants of 501 N. Palm Street to operate a one room bed and breakfast house. The property is zoned R-4. STAFF ANALYSIS• The owners of the Single Family residence located at 501 N. Palm Street are requesting a special use permit to allow them to operate a one room bed and breakfast house at that address. The property is located at the northeast corner of Lee Avenue and N. Palm Street. All adjacent properties are occupied by single family homes and are zoned either R-3 Single Family or R-5 Urban Residence. A large church is located 1 block to the west and the heavily commercial Hillcrest business district is located along Kavanaugh Blvd., beginning one block north of this site. The property is occupied by a 1 1/2 story, rock and stucco single family residence. The applicants propose to continue to utilize the structure principally as their single family home. One room of the lower level of the house will be used as a sleeping/sitting room. There is a full bath in the lower level which will be available to anyone staying in this room. The remainder of the house will continue to be occupied by the applicants as a single family residence. Section 36-54(e) establishes the site and location criteria for bed and breakfast houses as follows: a. The occupancy fee may include a continental breakfast (coffee, juice and pastry) to be served to paying guests with no full meals. b. The owner must provide one (1) paved off-street parking space per guest room and one (1) additional for the residence use. C. Allowable signage is that permitted by the single- family residential standard. July 10, 1997 ITEM NO.: 10 (Cont.) FILE NO.: Z-6334 d. No receptions, private parties or tours for a fee are allowed. Bed and Breakfast houses are defined by the Ordinance as: "Bed and breakfast house means an owner occupied single-family residence which contains not more than five (5) guest rooms which for a fee may be occupied by a guest for no longer than fourteen (14) consecutive days. This activity must obtain a special use permit in the permitted districts of R-1, R-2, and R-3 single-family and R-4 two-family districts." Staff believes the proposal to be reasonable and supports the applicant's request for a special use permit. The property is currently zoned R-4 and by all rights could be converted into a duplex at this time. The applicants have committed to utilizing the structure only as a single family residence. There is currently a single wide driveway on the site which will accommodate one vehicle. An additional parking pad must be constructed at the end of the driveway to accommodate the one room bed and breakfast house. No signage will be permitted beyond that allowed in single family districts. Special use permits are not transferable in any manner. Permits cannot be passed from owner to owner, location to location or use to use. Staff does not believe the level of activity generated by a one room bed and breakfast house at this location would have any negative impact on the neighborhood. STAFF RECOMMENDATION Staff recommends approval of the requested special use permit to allow Joseph and Cindy Bures to operate a one room bed and breakfast house at 501 N. Palm Street subject to the following conditions: 1. Compliance with the site and location criteria established by Section 36-54(e). 2. The structure at 501 N. Palm Street is to remain a single family residence and not to be converted into a duplex as long as the bed and breakfast house is in existence. 3. An additional on-site parking space is to be constructed at the end of the driveway. 2 July 10, 1997 ITEM NO.: 10 (Cont.) FILE NO.: Z-6334 PLANNING COMMISSION ACTION: The applicants were present. present. Four neighborhood support of the request. (JULY 10, 1997) There was one objector residents were also present in Joseph Bures spoke in support of the item. He stated that they had bought the structure as a duplex and had remodeled it into a single family residence. Mr. Bures stated that it was suggested by friends that they do a small bed and breakfast. He noted that he and his wife live in the residence and that they are not absent landlords. As such, he stated, they had a vested interest in making sure that the bed and breakfast was not offensive. Bill Forbess, of 507 N. Palm, spoke in opposition to the item. He stated that he felt the proposed bed and breakfast would contribute to the changing nature of the neighborhood, from residential to commercial. Mr. Forbess stated that he had no problem with the structure being used as a duplex but that he did not want to see a business use approved. In response to a question from Commissioner Berry, Dana Carney of the Planning Staff stated that traffic generated by a one room bed and breakfast would probably be less than if the structure were occupied as a duplex. A one room bed and breakfast would not generate the in and out traffic that a second dwelling would, he surmised. It was also noted that there would be many times that the room would be unoccupied. In response to a question from Commissioner Rahman, Mr. Carney stated that the applicants would have to provide one additional on-site parking space. George Campbell, of 519 N. Palm, spoke in support of the request. He stated that he was the block captain for the neighborhood crime watch and was achive in the Hillcrest Resident's Association. Mr. Campbell stated that he saw no problem with the proposed bed and breakfast. He noted that the Bures Family lived in the home. He stated that the mixture of residential and nonresidential uses added to the character of the neighborhood. In response to a question from Commissioner Daniel, Mr. Bures stated that the structure had at one time been a duplex but that it had been remodeled into a single family residence. A motion was made to approve the special use permit with the conditions as recommended by staff. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. 3 July 10, 1997 ITEM NO.: 11 FILE NO.: Z-6321 NAME: Land Use Plan Amendment - River Mountain Planning District LOCATION: 15603 Cantrell REQUEST: Transition to Commercial SOURCE: George Collins, Jr. - Property Owner STAFF REPORT: The site is in the River Mountain Planning District. The Plan recommends Transition. The request is for a mixed use development -- several retail uses, a nursery, and future office. The use mix is not in conformance with the adopted Plan. There are three to four separate retail uses included. Transition does not allow retail only office or low density residential. The PCD also does not meet the landscape and setback requirements of the overlay. Since the buildings are existing other proposals should be included to meet the intent of the ordinance (such as reduced curb cuts). There has been one amendment in this immediate area. Between Taylor Loop Creek and Cantrell Road, the Plan was changed from Park/Open Space to Transition. The Land Use Plan for Highway 10 was developed and adopted to prevent the road from being lined with commercial businesses. The Transition designation was developed to allow uses other than the existing predominately Single Family pattern. There are several nonconforming commercial businesses along the street. Over the last several years Planned Developments have been approved for properties in the area. Transition encourages office and low density residential development. The zoning activity along this stretch of Cantrell indicates predominately office uses -- with a planned development. The City has consistently opposed 'commercial strip' development of Cantrell Road. The existing pattern of development and use on this tract is strip commercial. Staff is concerned that if the parcel in question were changed to commercial, there would be no way to prevent the entire area from becoming strip commercial. There is abundant vacant commercially zoned property to the east - Kroger Center area, and west -Ranch area. July 10, 1997 ITEM NO.: 11 (Cont.) FILE NO.: Z-6321 Because the item was withdrawn prior to the fifteen day deadline, no notices were sent to neighborhood associations. At this time Staff can not support changing the Plan to Commercial. The applicant has asked for this item to be withdrawn. STAFF RECOMMENDATIONS: The applicant has asked for the item to be withdrawn. Staff can support the withdrawal. PLANNING COMMISSION ACTION: (JULY 10, 1997) The applicant was not present. Staff informed the Commission that the applicant wished to withdraw the item. The item was placed on the consent agenda and approved for withdrawal (9 ayes, 0 nayes, 2 absent). E 0 0 W cc W 0 Z� 0 V) �Z 08 0 z Z Z a CL iL IIIII MM 1MEN 1 mm son No MM M01111NEOSHO11 I I DOE, Nil imIIIIIIIIIIIII SON SEEN 11110 SEES ISE 11 lei Ell I all IIIII MM 1MEN 1 mm son No MM M01111NEOSHO11 I I imIIIIIIIIIIIII C a 0) NO :. co Q QI w z 1il w \I July 10, 1997 There being no further business before the Commission, the meeting was adjourned at 6:25 p.m. Date 11" ilk% S cr tary' Chairmn