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HomeMy WebLinkAboutpc_07 11 1995I. II. LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD JULY 11, 1995 9:00 A.M. Roll Call and Finding of a Quorum A Quorum was present being seven (7) in number. Approval of the Minutes of the Previous Meeting The Commission approved the minutes of the May 30, 1995 Planning Commission meeting by a unanimous vote. Members Present: Members Absent: City Attorney: Pam Adcock Joe Selz Ramsay Ball Bill Putnam Doyle Daniel Diane Chachere Suzanne McCarthy Emmett Willis Mizan Rahman Ron Woods Brad Walker Stephen Giles LITTLE ROCK PLANNING COMMISSION REZONING HEARING AGENDA JULY 11, 1995 I. DEFERRED ITEMS A. Z-5998 II. REZONING ITEMS 1. Z -3454-B 2. Z -5267-A 3. Z-6002 4. Z-6006 5. Z-6011 III. OTHER MATTERS 6. Z-6010 Dusty Edwards Management and Realty Co. -- Short-Form Planned Commercial Development Stagecoach Road at Otter Creek Road; Northwest 6800 I-30 5900 Baseline Road 3122 Martell Street 10100 Block Mabelvale West Road; north side C-2 to C-3 C-3 to I-2 R-2 to C-3 R-3 to R -7A and Site Plan Review R-2 to C-3 First Assembly of God Conditional Use Permit Little Rock, Arkansas Prepared by the Planning Department City of Little Rock REZONING AGENDA JULY 11, 1995 NORTH July 11, 1995 ITEM NO.: A FILE NO.: Z-5998 NAME: DUSTY EDWARDS MANAGEMENT AND REALTY CO. -- SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: On the west side of Gamble Road, approximately 500 feet south of W. Markham St. DEVELOPER• CONTRACTOR• Dusty Edwards Manley Roberts DUSTY EDWARDS MANAGEMENT AND ROBERTS AND CO., REALTY, INC. GENERAL CONTRACTORS 506 Ferry St. 2701 W. 7th.St. Little Rock, AR 72202 Little Rock, AR 72205 AREA: 0.865 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 130 ZONING: R-2 PROPOSED USES: General Offices, retail sales, & Mini -Storage Facility PLANNING DISTRICT: 18 CENSUS TRACT: 42.06 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant proposes development of the 0.865 acre tract for a mixed use development consisting of: 1) a 2 -story, 3,584 square foot building, containing, on the first floor, offices for the applicant's property management and real estate sales business, a lock and key retail business, and the offices for the proposed mini -storage facility, and, on the second floor, a residence for the mini -storage facility's manager; and 2) a mini -storage facility consisting of two single -story buildings, one a 30 foot by 145 foot building containing 4,350 square feet; the other, a 30 foot by 225 foot building containing 6,750 square feet. Parking spaces for 7 vehicles is to be provided. The site is to be fenced along the south and west property lines with a 6 foot high wood privacy fence, and, according to the applicant, is to be "well lit". Dedication of the required right-of-way for and construction of the required street improvements to Gamble Rd., including construction of the sidewalk along the Gamble Rd. frontage of the site, is proposed. No access to and no improvements to Ferris St. are proposed. July 11, 1995 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-5998 A. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors is requested for a mixed use planned development No variances are requested. B. EXISTING CONDITIONS: The site is undeveloped; however, there is an old foundation wall at the northeast corner of the tract. The site is currently zoned R-2, with all the property to the south of the site being zoned R-2. To the north, the abutting property is zoned 0-3. To the east is 0-3 property and an R-2 lot, and to the west, is a large MF -18 tract. C. ENGINEERING/UTILITY COMMENTS: The Public Works staff notes the following: 1) Gamble Rd. is designated as a collector street in the Master Street Plan; therefore, a 60 foot right-of-way, with a street section that is 36' back-to-back of curb, is required. Dedication of additional right-of-way to provide for one-half of the required right-of-way will be required. Widening of Gamble St. must be in accordance with the standards for a collector street, and improvements are required for the full one-half width of the required improvements. (Note: If the existing chip seal has adequate base material, this base may be able to be overlaid, subject to City Engineer approval.) A sidewalk must be constructed along the Gamble Rd. frontage of the site. Underground drainage is required by the regulations. Cross- sections and plan -and -profile drawings are required to be submitted. An analysis of the drainage shall accompany the design submitted. 2) A grading permit will be required prior to beginning construction on the site. 3) The drive behind the parking spaces to the west of the office building should be two-way, with minimum width of 361. Water Works comments that on-site fire protection will be required. Wastewater Utility comments that sewer service is available. Arkansas Power and Light Co. will require easements. A 15, AP&L easement is shown along the north property line. 2 July 11, 1995 SUBDIVISION ITEM NO • A (Cont.) FILE NO.: Z-5998 Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal. They noted that Southwestern Bell cable is buried, and that cable television may be overhead. The Fire Department commented that on-site fire hydrants may be required. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The Neighborhoods and Planning Site Plan Review Specialist comments that the full on-site street buffer width required along Ferris St. is 14.5 feet. (The minimum requirement with transfer is 9.6 feet.). The Landscape Ordinance requirement for this area is 6 feet. A 3 foot wide building landscape strip between the public parking area and the building is required by the Landscape Ordinance. The Planning staff comments that the site is in the Ellis Mountain Planning District. The adopted Land Use Plan recommends office uses for this site. The proposed use is primarily commercial, thus not in conformance with the Plan. The Planning staff cannot recommend amendment of the Plan at this time. E. ANALYSIS• The applicant has substantially complied with the technical requirements of the ordinances in the submission. There are some minor issues remaining, specifically, the required building landscaping strip which must be provided not being shown, and the required fence along the south and west property lines not being shown. The office use aspect of the site is in conformance with the adopted Land Use Plan; the mini -storage use is not. Since the mini -storage use is the overwhelmingly predominant use of the site, the planned development, as proposed, is in conflict with the Land Use Plan. F. STAFF RECOMMENDATIONS: Staff recommends denial of the planned development, as submitted. 3 July 11, 1995 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-5998 SUBDIVISION COMMITTEE COMMENT: (JUNE 8, 1995) Mr. Dusty Edwards, the applicant, and Mr. Manley Roberts, the proposed contractor, were present. Staff outlined the proposed development, and the Committee members reviewed with Misters Edwards and Roberts the comments contained in the dissuasion outline. Mr. Roberts responded that the deficiencies in the plan which were noted would be addressed, and Mr. Edwards indicated that the needed information noted in the discussion outline would be provided. The Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (JUNE 27, 1995) A lengthy discussion was held. There were several persons present objecting. One petition of objection was presented. Many questions were raised about design, access, landscaping driveway width for fire department access. Much consideration was given to street improvements and building design to make the development office in appearance. The Chairman then asked if it would not be appropriate to defer this item two weeks for further study. A motion to that effect was made and passed by vote of 8 ayes, 0 noes and 3 absent. PLANNING COMMISSION ACTION: (JULY 11, 1995) The Chairman asked Mr. Sims to present the first item of business on the regular agenda with this item being Item "A" Z-5998. Mr. Sims presented a brief overview of the application, some history of this deferral from the last meeting and presented the revised site plan. Mr. Sims stated for the record that the staff recommendation remained the same, denial of the application as being inconsistent with the adopted Land Use Plan for the area. The Chairman then asked the applicant to come forward and present his application. Mr. Manley Roberts came to the lectern and identified himself and he also introduced Mr. Dusty Edwards, the developer of the site. Mr. Roberts presented the revised plan which had been suggested by the Planning Commission at the last meeting. He offered copies for the Commission and Staff to observe. He presented a brief overview of the modifications that have been made as to the manager's apartment and office and the reorienting of the office structure north and south on the premises to provide a visual 4 July 11, 1995 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-5998 barrier against mini -storage buildings. Mr. Roberts stated that this application now consists of no variances. After a brief discussion between the Chairman and Bobby Sims of the Staff, it was determined that Tony Bozynski needed to come forward and address the land use question. This is the conflict between the adopted plan and this plan proposed by Mr. Edwards. Bozynski came forward and presented his thoughts on the subject of the plan and the inconsistency offered by this application. He indicated that the staff had never supported commercial type development this far south of Markham Street. The Chairman then asked if there were others present that wished to address this matter. He pointed out that there were two cards turned in apparently from persons who wished to speak against the application. The first person identified from the cards was Mr. Dale Partridge. Mr. Partridge came forward and offered his concerns about this application. He identified himself as a resident of Gamble Road and reminded the Commission that he also represented some 30 property owners in the area that had signed a petition previously presented to the Commission. Mr. Partridge offered a extended commentary on what he felt was an inappropriate use of land in this area adjacent to residential and its impact physically and in other ways upon the existing environment. He offered some photographs for the Commission's review. Several of the commissioners asked for an opportunity to view these photographs. At this point, there was a lengthy discussion off the microphone and no recording. Mr. Partridge concluded his comments by addressing the traffic access problems in the area and the movement of large vehicles. The Commission took the opportunity at this point to refresh their memory on the original submittal, the sketch and site plan of the project. The Chairman then recognized Ms. Ruth Bell, representing the League of Women Voters. She offered the concerns of the League relative to this application and its intrusion into an area not provided as commercial or business on the adopted Land Use Plan. She added additional commentary related to how this nonresidential use directly attaches or abuts against residential area. Ms. Bell concluded her remarks. The Chairman then asked if there were other questions by the Commission. Commissioner Chachere asked if staff could identify for her the zoning and verify that there was C-3 commercial across Gamble Road to the northeast of this site. Tony Bozynski responded to the question by stating that there was a small piece of C-3 which was commercial zoning allowed to provide for a nonconforming auto sales operation that existed upon the time of 5 July 11, 1995 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-5998 annexation. The balance of the property surrounding it is zoned for office and on the plan as office. Bozynski also pointed out that the most recent occupant of this commercial site was a landscape firm. At this point, Deputy City Attorney Stephen Giles inserted some commentary having to do with a presentation of the Mayor earlier in this public hearing. The Mayor's comments having to do with dealing more with planning matters than with zoning matters. Giles stated that in this case before the Commission there is an applicant that has asked the Commission to approve rezoning to a commercial activity in difference to the adopted Land Use Plan which is a violation of that plan and the Commission needs to think very carefully before taking action on this request. He stated that he felt the Commission should determine that it had sufficient information reflecting a burden of proof that some kind of extraordinary circumstance existed to justify the rezoning in violation of the plan. He stated that is especially so in a situation such as that evidenced here since the plan clearly delineates the use south of Markham for office or residential. The applicant would need to show extraordinary circumstance supporting a change. Commissioner Putnam then posed a question of the City Attorney and the commissioners. The question being, are we in the same circumstance in this application as with the Home Center property on Highway 10 which is where changing of the plans should perhaps occur before consideration of changing of the zoning? Jim Lawson responded with an affirmative response. He followed that by saying on zoning cases where there is a question on land use plan, staff does an evaluation of the proposal and the plan intent are charged in these situations as to determine whether or not the plan still makes sense as it perhaps did when it was adopted and to review the possibility of changes in the area that would accommodate plan modification. Lawson stated that staff went through that kind of exercise with this case and could not find justification for recommending a modification of the plan. The Chairman then asked if there was further comment from any of the participants or from commissioners. Mr. Manley Roberts then asked the Chairman if he might have permission to address the Commission again relative to some of the comments offered by the opposition. Mr. Roberts offered an extended commentary on the classification on Gamble Road and that being declared to be a major thoroughfare. He pointed out that his applicant, Mr. Edwards, in developing his property would improve that roadway to assist in its eventual usefulness as a thoroughfare. He restated his earlier comment that the offices would be for Mr. Dusty Edwards' operation of his management and realty firm. He also stated that the design that's now presented to the Commission for its consideration is the one suggested at that last meeting. That suggestion was that there be a significant n July 11, 1995 SUBDIVISION ITEM NO.: A(Cont.) FILE NO.: Z-5998 office involvement along Gamble Road in the form of a structure to provide screening of the warehouse area from passersby. He admitted that the project does abut residential on two sides. He stated the way to handle that was the insulation of a 6 foot fence on the perimeter. Mr. Roberts then moved his commentary to a description of the number of units within the mini -storage, the size of units and the types of persons that would be served. Mr. Roberts then turned the microphone over to Mr. Dusty Edwards, the developer, and asked him to present his thoughts on the application. Mr. Edwards stated that the use he is going to place on this property would be less intensive than if the property were developed totally for office buildings with a traffic generation. For his proposed activity will be quite a bit less than conventional office. He commented that the frequency of use of these units is less than once per month. At the conclusion of Mr. Edwards' remarks, commissioners then asked questions being first was Commissioner Doyle Daniels. Commissioner Daniels indicated that he would like Mr. Edwards to clarify that this project would widen the street in front to 36 feet. The question posed by Commissioner Daniels indicated that he was primarily interested in more than the frontage of this property but the total street frontage from this point to Markham Street. A brief discussion involving staff, commissioners and Public Works resolved the questions about improvements by identifying those portions of Gamble Road that are currently curb and gutter which are very few and those segments which are in a unimproved state or without curb, gutter and underground drainage. The Chairman then stated that he would call for a vote on the item before the Commission because there was not a motion offered. The vote on the application produced a vote of 0 aye, 7 nays and 4 absent. The application was denied. At this point the Chairman was reminded by Tony Bozynski that the applicant has the right of appeal for a period of 30 days. The appeal would be to the City Board of Directors. 7 July 11, 1995 ITEM NO.: 1 Z -3454-B Owner: Applicant: Stagecoach Development, Inc. Patrick M. McGetrick Location: West side of Stagecoach Road at its intersection with Otter Creek Road (10424 Stagecoach Road) Request: Purpose: Size: Existing Use: Rezone from C-2 to C-3 Commercial Development 1.37± acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned C-2 South - Vacant, zoned C-2 East - Vacant, zoned R-3 across Stagecoach Road West - Vacant, zoned C-2 ENGINEERING COMMENTS Dedicate 5 feet of additional right-of-way for Stagecoach Road. Stagecoach is a minor arterial with a required 90 foot right-of-way. Construct half street improvements and provide other required analysis including stormwater detention with any planned construction. AHTD approval of construction within the Stagecoach Road (Ark. Hwy. 5) right- of-way will be required. A grading permit is required before any construction. LAND USE ELEMENT The site is located in the Otter Creek District. The Land Use Plan recommends Community Shopping. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Planning Commission is to rezone this 1.37 acre tract from C-2 to C-3. No plans have been submitted for the immediate development of the site. This tract is identified as Lot 3 on the preliminary plat of July 11, 1995 ITEM NO.: 1 Z -3.454-B (Cont. Otter Creek Village Commercial Subdivision, which was approved by the Commission in April 1995. Otter Creek Village Commercial Subdivision is a 6 lot, commercial development containing approximately 11.5 acres. At the time the preliminary plat was approved, the Commission also approved a site plan for the proposed development of 4 of the 6 lots. Proposed Lots 3 and 4 were not included in the site plan and were identified as out -parcels. Access concerns were addressed through the preliminary plat, specifically an access easement which extends along the northern and western perimeters of the proposed 11.5 acre development. Rezoning this proposed lot to C-3 will not negate those issues which were approved through the preliminary plat of the entire development. Zoning in the general vicinity ranges from R-2 to C-3. All adjacent property is zoned C-2. Land use in the area includes multi -family, a commercial shopping center and a utility substation. A high percentage of property in the immediate vicinity is undeveloped, including the entire C-2 zoned area directly adjacent to this site. The land use plan recommends that this property be used as community shopping. The lot's inclusion within the proposed Otter Creek Village Shopping Center reinforces its conformance with the Land Use Plan. Staff is supportive of the requested rezoning. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning request. PLANNING COMMISSION ACTION: (JULY 11, 1995) (There was no quorum present on July 11, 1995 and this item was moved to the July 25, 1995 Planning Commission hearing.) The applicant, Patrick McGetrick, 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 with a vote of 7 ayes, 0 noes and 4 absent. 2 July 11, 1995 ITEM NO.: 2 Z -5267-A Owner: Kenneth R. Golden, Sr. Applicant: Linda Golden Middleton Location: 6800 I-30 Request: Rezone from C-3 to I-2 Purpose: Sales and service of golf carts Size: 1.6± acres Existing Use: Sales and service of golf carts; previously occupied by a church and private school. SURROUNDING LAND USE AND ZONING North - Industrial, zoned I-2 South - Industrial, zoned I-2 East - I-30 Right -of -Way and beyond that, Vacant, zoned I-2 West - Industrial, zoned I-2 ENGINEERING COMMENTS Confirm the 60 foot right-of-way requirement for 68th Street. Seek AHTD approval for any planned work in the Frontage Road right-of-way. Any construction will require Public works review and other issues will be addressed at time of construction permit. LAND USE ELEMENT The site is located in the 65th Street East District. The Land Use Plan recommends Industrial use. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Planning Commission is to rezone this 1.6 acre tract from C-3 to I-2. The proposed use is the sales and service of golf carts utilizing the existing building and fenced storage area. July 11, 1995 ITEM NO.: 2 Z -5267-A (Cont. The property is located in the 65th Street Industrial Park. All property in the immediate vicinity is zoned I-2 and uses range from convenience stores to large industrial warehouse/wholesale facilities. In 1990, this site was rezoned from I-2 to C-3 to accommodate a proposed church. The church has since relocated to a site near 65th and Geyer Springs. The applicant desires to rezone the property back to I-2 to allow for the sales and service of golf carts. The proposal is in conformance with the Plan and the existing zoning pattern of the 65th Street Industrial District. Staff is supportive of the requested rezoning. STAFF RECOMMENDATION Staff recommends approval of the I-2 rezoning request. PLANNING COMMISSION ACTION: (JULY 11, 1995) (There was no quorum present on July 11, 1995 and this item was moved to the July 25, 1995 Planning Commission hearing.) The applicant, Linda Golden Middleton, 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 with a vote of 7 ayes, 0 noes and 4 absent. 2 July 11, 1995 ITEM NO.: 3 Z-6002 Applicant: Location: Request: Purpose: Size: Existing Use: Charles Elrod, Ronald Davis and Deborah Pelton Ronald Davis 5900 Baseline Road Rezone from R-2 to C-3 Automobile oil change and fast lube service 0.2± acres Non -conforming automobile oil change and fast lube service SURROUNDING LAND USE AND ZONING North - Single -Family residence, zoned R-2 South - Baseline Road and beyond that, Single -Family and Multi -Family, zoned R-2 East - Commercial, zoned C-3 West - Commercial Shopping Center, zoned C-3 ENGINEERING COMMENTS Dedicate 5 feet of additional right-of-way for Baseline Road per the requirements of the Master Street Plan or seek City Engineers waiver of this requirement. Seek AHTD approval for any construction in the Baseline Road (Ark. Hwy. 338) right-of-way. Any construction will require Public Works review and other issues will be addressed at time of construction permit. LAND USE ELEMENT The site is located in the Geyer Springs West District. The Land Use Plan recommends Commercial use. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Planning Commission is to rezone this 0.2 acre site from R-2 to C-3. The property is currently occupied by an oil change/fast lube service which has been on the site since its annexation into the City in 1985. At July 11, 1995 ITEM NO.: 3 Z-6002 (Cont.) the time the property was annexed, it was zoned R-2, making the use non -conforming. The applicant desires to rezone the property to C-3 which would bring the business into conformity. No other development is proposed at this time. The requested C-3 zoning complies with the land use plan which recommends commercial use for this site. The existing zoning and land use in the area is extremely mixed, owing in part to this area's development prior to annexation. This area is intensely developed with uses ranging from a few single family homes to large commercial shopping centers. Rezoning this non -conforming site to C-3 is in compliance with the land use plan and should have no impact on the surrounding properties. Staff is supportive of the rezoning request. STAFF RECOMMENDATION Staff recommends approval of the C-3 rezoning request. PLANNING COMMISSION ACTION: (JULY 11, 1995) (There was no quorum present on July 11, 1995 and this item was moved to the July 25, 1995 Planning Commission hearing.) The applicant, Ronald Davis, was present. There were no objectors present. Staff presented the item and a recommendation of approval. The item had been pulled from the Consent Agenda because the applicant desired to talk about the requirement to dedicate additional right-of-way for Baseline Road. Dana Carney, of the Planning Staff, informed the Commission that the Arkansas Highway and Transportation Department did not acquire sufficient right-of-way to comply with the City's Master Street Plan at the time Baseline Road was widened. As such, an additional 5 feet of right-of-way is required from the applicant. Mr. Carney reminded the Commission that the issue before them was the reclassification of the property and any waiver of the Master Street Plan standards could only be granted by the Board of Directors. Mr. Davis asked what the chances were of him getting a waiver of the right-of-way requirement. Commissioner Putnam responded that it was an issue for the Board of Directors to decide. David Scherer, of the Public Works Department, briefly discussed the right-of-way requirement. 2 July 11, 1995 ITEM NO • 3 Z-6002 (Cont.) After a further, brief discussion a motion was made to approve the requested C-3 zoning. The motion was approved with a vote of 7 ayes, 0 noes and 4 absent. 3 July 11, 1995 ITEM NO.: 4 Z-6006 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Otis Morgan Eveline Tolbert 3122 Martell Street Rezone from R-3 to R -7A and Site Plan Review Placement of a single -wide, manufactured home 0.12± acres Vacant SURROUNDING LAND USE AND ZONING North - vacant, zoned R-3 South - Vacant, zoned R-3 East - Industrial, zoned I-2 West - Single -Family and Duplex Residential, zoned R-3 and R-4 ENGINEERING COMMENTS Applicant should contact Floodplain Administrator for special requirements addressing manufactured homes in the floodplain. A SFHA Development Permit is required prior to any development. Driveways shall conform to Ordinance 16,577. They are required to be concrete and to be 20 feet in width maximum. LAND USE ELEMENT The site is located in the Central City District. The Land Use Plan recommends Single Family use. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Planning Commission is to rezone this 50 foot by 102 foot lot from R-3 to R -7A and to approve the site plan allowing for the placement of a 14 foot by 65 foot, single -wide manufactured home on the lot. A variance is requested to allow a reduced rear yard setback of 12 July 11, 1995 ITEM NO.: 4 Z-6006 (Cont.) feet. The Ordinance requires a rear yard setback of 25 feet. The subject site is located in an area of the City which is experiencing problems with deteriorating housing stock and a proliferation of overgrown, vacant lots. Many residential structures in the area have been razed and removed and several others are boarded up. The problems are particularly evident in the area north and east of this site. The residential neighborhood is somewhat more stable to the west and there are several well maintained single- family homes in the blocks west of this site. The residential pocket located between South Main, Roosevelt and I-30 has been impacted by deteriorating public housing, much of which is vacant and boarded up. An area of I-2 zoning is located directly across Martell Street to the east. Martell Street dead -ends into the railroad tracks at a point not far south of this site. The requested R -7A zoning is a single family residential zoning which provides for the ownership of the home and the lot. All homes placed on these lots must be approved by the department of housing and urban development under Title VI of Public Law 93-383, USC 5401 et seq. and must be placed on the lot in compliance with the minimum siting standards established by Sec. 36-262(d)(2) of the Little Rock Code of Ordinances. The applicant has submitted a site plan showing the proposed location of the manufactured home. A variance is requested to allow a reduced rear yard setback of 12 feet. The lot is only 102 feet deep and the proposed home is 65 feet long. There is an undeveloped 22 foot wide alley right-of-way extending along the rear property line which helps to mitigate the reduced rear yard setback. All other required setbacks will be met. Staff is supportive of this rezoning request which will allow for the placement of a single family home on the property. Staff is also supportive of the site plan including the reduced rear yard setback. STAFF RECOMMENDATION Staff recommends approval of the R -7A rezoning request. Staff also recommends approval of the site plan subject to the home being placed on the property in compliance with the minimum siting standards as follow: a. A pitched roof of three (14) degrees or greater. b. Removal of all transport (3) in twelve (12) or fourteen features. E July 11, 1995 ITEM NO • 4 Z-6006 (Cont.) C. Permanent foundation. d. Exterior wall finished in a manner compatible with the neighborhood. e. Underpinning with permanent materials. f. Orientation compatible with placement of adjacent structures. g. Off-street parking per single-family dwelling standards. Staff also recommends approval of the requested rear yard setback variance. PLANNING COMMISSION ACTION: (JULY 11, 1995) (There was no quorum on July 11, 1995 and this item was moved to the July 25, 1995 Planning Commission hearing.) 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 with a vote of 7 ayes, 0 noes and 4 absent. The vote also approved the site plan and the requested rear yard setback variance. 3 July 11, 1995 ITEM NO.: 5 Z-6011 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Larry and Martha Cross, Robert and Carolyn Ashcraft, Ray and Mary Cross Robert Ashcraft North side of the 10100 Block of Mabelvale West Road Rezone from R-2 to C-3 Sell; no potential development is proposed at this time 5.746± acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned R-2 South - Mixed Residential and Industrial, zoned R-2 and I-2 East - Vacant, zoned C-3 West - Vacant and Single -Family Residential, zoned R-2 ENGINEERING COMMENTS A portion of this property may be in the floodplain/floodway. A SFHA Development Permit was issued June 6, 1995 for channel maintenance, contingent on Corps of Engineers approval. Easement for dedication of floodway will be required as determined at the time of building permit or development. Dedicate right-of-way per the Master Street Plan; Mabelvale West is a minor arterial with a required 90 foot right-of- way. The shown right-of-way appears to be incorrect. With any planned construction, Public Works will advise the applicant of the other requirements of City Ordinances. Those include but are not limited to widening of the street, providing sidewalk and engineering analysis for stormwater detention. A grading permit is required before any construction. July 11, 1995 ITEM NO.: 5 Z-6011 (Cont.) LAND USE ELEMENT The site is located in the Geyer Springs West District. The Land Use Plan recommends Mixed Residential. With the new alignment of Mabelvale West/Mabelvale Pike, staff agrees intensification is appropriate; multifamily or office would be reasonable. Since office already exists to the west along the north side of Mabelvale West, staff proposes extending the office use east. in addition the existing church at Nash and Mabelvale West should be recognized, as should the multifamily at Mabelvale Pike and Helm. The areas south of the new alignment and original alignments also should be adjusted - west of Mabelvale Main should be Suburban Office and east of Mabelvale Main should be Mixed Commercial Office. STAFF ANALYSIS The request before the Commission is to rezone this 5.746 acre tract from R-2 to C-3. The tract is comprised of an area of unplatted property and portions of two blocks of the Town of Mabelvale located on the north side of the new alignment of Mabelvale Pike/Mabelvale West Road. The majority of the property is heavily wooded. There are no immediate plans for the property other than trying to sell it to an office or commercial user. The zoning pattern in the general vicinity has begun to change over the past several years. Zoning ranges from R-2 through 0-3, I-1 and I-2. The property adjacent to the east of this site is zoned C-3. A portion of this C-3 property is currently vacant and a new convenience store occupies the remainder. The C-3 zoning was prompted by the new alignment of Mabelvale Pike/Mabelvale West Road, a minor arterial street which was relocated one block north of its former alignment. A large area of industrial zoning extends southwest of this site, across Mabelvale West Road. Much of this industrially zoned property is currently undeveloped, however a chemical distribution company is located directly across Mabelvale West Road from this site. The property to the west and north of this site is zoned R-2 and is comprised primarily of single family homes and undeveloped land. A church is located one block west of this site. At this time, the land use plan identifies the property for mixed residential use. Because the zoning pattern has changed so much in the past several years as well as the new alignment of Mabelvale Pike/Mabelvale West Road, staff agrees that a more intensive zoning may be appropriate for this property. However, staff questions whether C-3 zoning is the most appropriate considering the proximity of the 2 July 11, 1995 ITEM NO.: 5 Z-6011 (Cont.) single family homes to the north and west. The land use plan recommends office use for the property directly west of this site, along the north side of Mabelvale West Road. it would seem reasonable to amend the land use plan for this property to office, extending the office designation eastward to the commercial property located directly east of this site. Staff believes it would be appropriate to rezone this tract to 0-3, providing a transition from the commercial and industrial zoning to the residential properties located to the north and west. A portion of the site is platted into lots and streets of the Town of Mabelvale. Unless it is the applicant's desire to develop the property as it is currently platted, it will need to be reduced to acreage. This reduction does not need to occur at this time, but will need to be accomplished prior to development of the site. STAFF RECOMMENDATION Staff recommends approval of 0-3 rezoning for this tract. PLANNING COMMISSION ACTION: (JULY 11, 1995) (There was no quorum on July 11, 1995 and this item was moved to the July 25, 1995 Planning Commission hearing.) The applicant, Robert Ashcraft, was present. There were no objectors present. Staff presented the item and a recommendation of denial of the requested C-3 zoning. Dana Carney, of the Planning Staff, briefly discussed the existing land use plan and noted that it had not been changed since the realignment of Mabelvale Pike/Mabelvale West Road. Mr. Carney stated that staff had determined that a land use plan amendment might be appropriate due to the change in the area's zoning pattern and the shift in the Mabelvale Pike/Mabelvale West alignment. Mr. Carney stated that it was staff's opinion that it would be appropriate to rezone this tract to 0-3, providing a transition from the commercial and industrial zoning along Mabelvale Pike/Mabelvale West to the residential properties located to the north and west. Mr. Ashcraft addressed the Commission in support of his application. He noted the changes taking place in the immediate vicinity including the construction of a new convenience store, rezoning of nearby tracts to industrial and the realignment of Mabelvale Pike/Mabelvale West Road. Mr. Ashcraft stated that he had been advised by several realtors to rezone the property to commercial. He concluded July 11, 1995 ITEM NO • 5 Z-6011 (Cont.) by stating that he would accept commercial zoning for a portion of the site and a less intensive zoning for the area closest to the residential properties if the Commission felt that such an arrangement was more feasible. In response to a question from Commissioner Putnam, Mr. Carney stated that staff had not done a comprehensive review of the land use plan but had begun to look at the area affected by the realignment of the Mabelvale Pike/Mabelvale West right-of-way. Commissioner Putnam asked if staff was receptive to the idea of zoning a portion of the site commercial with a less intensive zoning abutting the residential properties, as was suggested by Mr. Ashcraft. Jim Lawson, Director of the Department of Neighborhoods and Planning, responded that it would be better to defer the item a couple of weeks to allow staff to meet with the applicant and to further review the land use plan. In response to a question from Commissioner Chachere, Mr. Lawson stated that other property owners in the area could be brought in to the discussion. After a further discussion, Commissioner Chachere stated that she felt it was appropriate to review the land use plan for this area. Mr. Ashcraft was asked if he had a problem with deferring his application for a couple of weeks to allow for further review by staff. Mr. Ashcraft stated that he had no problem with a deferral. Tony Bozynski, Planning Manager, recommended that the item be deferred to the August 22, 1995 Commission meeting to allow staff an opportunity to review the land use plan and the changes which are occurring in the area. A motion was made to defer the item to the August 22, 1995 commission meeting. The motion was approved with a vote of 7 ayes, 0 noes and 4 absent. 4 ITEM NO.: 6 FILE NO.: Z-6010 NAME• LOCATION• OWNER/APPLICANT• PROPOSAL• ORDINANCE DESIGN STANDARDS: 1. Site Location: First Assembly of God Church - Conditional Use Permit Southwest quadrant of Wellington Subdivision, west of St. Charles Subdivision and north of Chenal Parkway First Assembly of God Church by Mark D. Buerkle, Agent To construct a new church sanctuary and allied use spaces on a lot currently vacant, but platted as a church site. The subject site is a tract of land platted within the Wellington Subdivision by the developer for church use. The site lies between new platted single family lots and a proposed neighborhood commercial and office area. Ready access is being developed to the south that will connect with Chenal Parkway east of the Kanis intersection. 2. Compatibility with Neighborhood: In as much as the site was platted by the developer for this use and all approvals and development are concurrent with the single family development, the use is compatible. 3. On -Site Drives and Parking: The site is accessed by a single point from a new collector street. Parking is proposed at 78 spaces plus 5 handicap to meet parking requirements. Future expansion is planned for the church with parking areas designated to accommodate the increase. The maximum number of cars that can be provided will be in the neighborhood of 120. That number will limit the church sanctuary to a maximum seating of 480. The current design, width and circulation meet code. July 11, 1995 ITEM NO.: 6 (Cont.) FILE NO.: Z-6010 4. Screening and Buffers: The elements of the site plan have been reviewed and a more than adequate area has been provided for building and parking landscaping. However, a specific plan will need to be developed prior to building permit review. 5. City Engineer's Comments: Dedication of the required Master Street Plan right-of-way is required. With planned construction, Public Works will advise applicant of the other requirements of City Ordinances. Those include but are not limited to construction of boundary street (providing access to site), providing sidewalk and engineering analysis for stormwater detention. Traffic Engineering recommends increasing the driveway width to 36 feet to allow for a left turn lane. A grading permit is required before any construction. 6. Utility Comments: • A preliminary review by the Fire Department indicates a fire hydrant may be required. • A review by Water Works indicates a water main will be required to provide service to this area. An acreage charge of $300.00 per acre applies in addition to the normal connection fees in the area. • No comment from others at this writing. 7. Staff Analysis: The staff has determined this application to be entirely appropriate. The developers of the several properties on the former Shackleford Dairy property are committing nonresidential uses prior to homes being constructed. This builds in acceptance of neighborhood activities such as churches, personal service retail and office and it assures closer conformance with the land use plan. This site plan deals with buffering, setbacks, screening of parking and the usual concerns of adjoining owners. Additionally, the site plan provider for future growth of the church by setting forth building and parking expansion. It is especially important to point out that the church takes access from a collector street which immediately ties to an arterial. This will move traffic away from the residential lots once the street system is complete. K July 11, 1995 ITEM NO • 6 (Cont.) FILE NO.: Z-6010 Signage and lighting have been addressed in a fashion that is in keeping with a residential area. 8. Staff Recommendation: Approval of the conditional use permit with the condition that the church submit a revised plan indicating the chosen site for the sign, rather than two options. SUBDIVISION COMMITTEE COMMENT: (JUNE 8, 1995) The staff presented the request and outlined both the design components and the neighborhood relationships. It was pointed out that this is not a new church in the area, but replacement of one formerly located on Chenal Parkway. Its former site is being redeveloped as part of Chenal Village Center. The Committee offered no specific comments. The Public Works representative stated, that, since this item is set for July 11th his office has not completed its review. He stated that his comments would be submitted in time for agenda preparation. PLANNING COMMISSION ACTION: (JULY 11, 1995/Reconvene Meeting July 25, 1995) The Planning Staff reported to the Commission that there were no issues of consequence requiring a regular viewing on this item. It would be appropriate to place this item on the Consent Agenda. The Chairman noted that there were no persons present objecting to the proposal. With all issues being resolved, the Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made and passed by a unanimous vote of all members present. The vote being 7 ayes, 0 nays and 4 absent. 3 O �I 0 Q CM W r• m z w U) Cn Q W Z w �I I I i 1 I I LL I II I I I I tl IH II li I 1 I I pQ41-011 II I II I f I I I ( I I I I V I I I II I III II I V I I I IIII II I I I I IIII QI.IeIQ'•IQIill's ®IQ e 4 I I l i I I I I I }--z2W o m_ w z�-- CI =WM z z � c�mL� Q Q �LU QUQ 'T w 0�' ¢ �Jn. O ¢(pmWJ4 Z Q z cc O z , N QpLj chi J f1 SYo IYa V } wz Z w z ")Z w +U z �ui�>-�crQ-CO p U) N in J Q LJm 1:<C Uw Lij F-`pf'�wLJMZ -)< 0jr4 YdM Q Ja OQ < wU 'S O �I 0 Q CM W r• m z w U) Cn Q W Z w �I i LL I I I tl IH II li I 1 I I I II I II I f I I I ( I I I I V I I I III II I V I I I IIII II I I I I IIII l }--z2W o m_ w z�-- CI =WM z z � c�mL� Q Q �LU QUQ 'T w 0�' ¢ �Jn. O ¢(pmWJ4 Z Q z cc O z , N QpLj O �I 0 Q CM W r• m z w U) Cn Q W Z w �I July 11, 1995 There being no further business before the commission, the meeting was adjourned at 11:05 a.m. Date fo � � l #eceta Chai - an