Loading...
HomeMy WebLinkAboutpc_04 18 1995LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD APRIL 18, 1995 12:30 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being nine (9) in number. II. Approval of the Minutes of the Previous Meeting The minutes of the March 7, 1995 meeting were approved as mailed. III. Members Present: Members Absent: Brad Walker Pam Adcock Ramsay Ball Diane Chachere Doyle Daniel Suzanne McCarthy Mizan Rahman Bill Putnam Joe Selz Emmett Willis Ron Woods City Attorney: Stephen Giles LITTLE ROCK PLANNING COMMISSION I. DEFERRED ITEM A. Z- 4431 -C II. REZONING ITEMS 1. Z- 5205 -A 2. Z -5962 3. Z -5967 4. Z -5974 5. Z -5977 REZONING HEARING AGENDA APRIL 18, 1995 Highway 10 at Taylor Loop R -2 to C -3 1619 East 3rd R -4 to I -2 1500 Maryland I -2 to 0-3 5819 Young Road R -2 to R -5 West 65th and So. University C -3 to C -4 Frazier Pike and R -2 to I -2 Pratt Remmell Road III. OTHER MATTERS 6. Z -5976 216 South Barton Special Use Permit 7. First Bible Missionary Church C.U.P. - located at 11001 Shenandoah Drive (Z -5973) April 18, 1995 ITEM NO.: A Z- 4431 -C Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Cantrell Loop Partnership III Tom Cole Hwy. 10 at Taylor Loop Rezone from R -2 to C -3 Commercial 3.8 acres Single - Family SURROUNDING LAND USE AND ZONING North - Vacant, zoned R -2 South - Commercial, zoned PCD and C -3 East - Single - Family, zoned C -3 West - Single - Family, zoned R -2 STAFF ANALYSIS The request before the Planning Commission is to rezone 3.8 acres on Highway 10 from R -2 to C -3. The site is situated on the north side of the highway, across from the Harvest Foods PCD, and west of where the east end of Taylor Loop intersects Highway 10. There are several structures on the front half of the site and back portion is undeveloped. The acreage has 272 feet of frontage on Highway 10 and an average depth of 619 feet. No specific plans have been submitted for the site. Zoning is R -2, C -3 and PCD, with R -2 being the predominate classification found in the immediate vicinity. The existing PCDs are a Harvest Food Store and two branch banks. Other land use found in the area includes single family, commercial and a church. The C -3 to the east is a small commercial center and there are also some single family residences along the west side of the C -3 tract. In 1985 a C -3 request was filed for the east half of the property (2 acres). The C -3 was denied by the Planning Commission and their action was not appealed to the Board of Directors. Another rezoning proposal, R -2 to 0-2, was also filed in 1985. Again, the request was denied by the Planning Commission and no appeal was made to the Board of Directors. At that time, the adopted plan did not identify April 18, 1995 ITEM NO.: A Z- 4431 -C Cont. the site for any nonresidential use. Staff recommended denial of the C -3 and the 0-2. This current C -3 application is an attempt to add commercial acreage at the Taylor Loop intersection with Highway 10 and expand the established node. The adopted plan, River Mountain, does not recommend any commercial expansion on the north side of Highway 10 and shows the site to be within a "transition zone," office or multifamily uses. Therefore, the proposed C -3 reclassification is in conflict with the plan and staff does not support the request. The previous plans for the area have been followed and no strong justification has been offered to alter the current plan by rezoning the 4 acres. If the plan is not maintained, staff is concerned that it will be difficult to deny future commercial requests in the area and this could create the possibility of a linear /strip commercial pattern along Highway 10, something the city has tried to avoid at all cost. For the most part, the plans for the Highway 10 corridor have been adhered to and there is no compelling reason to reverse this trend by endorsing the proposed C -3 reclassification. LAND USE PLAN ELEMENT The site is in the River Mountain District. The adopted land use plan recommends Transition Zone. The request is in conflict with the plan. The staff does not believe it is justifiable to amend the Plan from Transition Zone to Commercial at this time. ENGINEERING COMMENTS, The right -of -way requirement 55 feet from the centerline. right -of -way will be required is deficient. STAFF RECOMMENDATION for Highway 10 /Cantrell Road is Dedication of additional if the existing right -of -way Staff recommends denial of the C -3 rezoning request. PLANNING COMMISSION ACTION: (DECEMBER 13, 1994) Staff reported that the item needed to be deferred because of a possible notice problem. As part of the Consent E Agenda, the C -3 request was deferred to January 24, 1995. The vote was 9 ayes, 0 nays and 2 absent. E April 18, 1995 ITEM NO.: A Z- 4431 -C Cont. PLANNING COMMISSION ACTION: (JANUARY 24, 1995) Staff reported that the applicant had requested another deferral. As part of the Consent Agenda, the item was deferred to the March 7, 1995 meeting. The vote was 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (MARCH 7, 1995) Staff informed the Planning Commission that the item needed to be deferred because proper notice had not been given to the required property owners. As part of the Consent Agenda, the Commission voted to defer the issue to the April 18, 1995 meeting. The vote was 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (APRIL 18, 1995) Staff reported that the applicant had requested that the rezoning be withdrawn from consideration. As part of the Consent Agenda, the Planning Commission voted to withdraw i the C -3 request. The vote was 9 ayes, 0 nays and 2 absent. 3 I April 18, 1995 ITEM NO.: 1 Z- 5205 -A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Richard Guel Scott Bradford 1619 East 3rd Street Rezone from R -4 to I -2 Industrial - warehousing 0.34 acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant, zoned R -4 South - Vacant, zoned R -4 East - Single - Family, zoned R -4 West - Single- Family, zoned R -4 STAFF ANALYSIS, The property in question is located at the southwest corner of East 3rd and Bond, and the request is to rezone the site from R -4 to I -2. (1619 East 3rd was rezoned from I -2 to R -4 in 1989. At that time, the owner was planning to relocate a single family residence to the property.) An I -2 reclassification has been filed because the applicant would like to construct a small warehouse on the land. The site is two 50 foot lots and has 100 feet frontage on East 3rd and 150 feet along Bond. The property is vacant and has been for a number of years. Zoning in the general vicinity is R -4, C -3, I -2 and I -3. 1619 East 3rd abuts R -4 zoning and the other corners are zoned R -4. The block in which this property is located is zoned R -4 and I -2. Based on the existing zoning pattern, it appears that Bond Street is the boundary between the residential and nonresidential zoning. Land use in the neighborhood is somewhat mixed and includes single family, commercial, industrial and churches. There are several single family residences west of Bond Street, but the primary use is industrial. The adopted plan identifies the area west of Bond Street for industrial use. Therefore, the proposed I -2 reclassification conforms to the neighborhood's land use plan, and staff supports the request. The rezoning should not create any new April 18, 1995 ITEM NO.: 1 Z- 5205 -A Cont. problems for the nearby properties because of the existing land use and zoning patterns. LAND USE PLAN ELEMENT The site is in the I -30 District. The Plan recommends industrial. The request is for industrial, and there is no land use issue. ENGINEERING COMMENTS, 1. Dedication of a 20 foot radius at the intersection will be required. 2. Street improvements will be determined at the time of the building permit. 3. East 3rd and Bond, a truck route, should be 36 foot commercial streets. STAFF RECOMMENDATION Staff recommends approval of the I -2 rezoning request. PLANNING COMMISSION ACTION: (APRIL 18, 1995) The applicant was present. There were no objectors in attendance and the item was placed on the Consent Agenda. As part of the Consent Agenda, the Commission voted to recommend approval of the I -2 rezoning. The vote was 9 ayes, 0 nays and 2 absent. 2 April 18, 1995 ITEM NO.: 2 Z -5962 Owner: W. C. McMinn Co., Inc. Applicant: Ben McMinn Location: 1500 Maryland Request: Rezone from I -2 to 0-3 Purpose: Office Size: 0.503 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Office, zoned 0-3 South - Mixed, zoned C -3 East - I -630 Right -of -Way, zoned R -2 West - Office, zoned C -3 STAFF ANALYSIS, 1500 Maryland, the northwest corner of Maryland (West 9th) and Dr. Martin Luther King, Jr. Drive, is currently zoned I -2 and the request is to rezone the property to 0-3. The proposal is construct a new office building on the site. The land is vacant and is being used for parking. The property is three lots and only has frontage on Maryland. 1500 Maryland does not abut Dr. Martin Luther King, Jr. Drive because there is a strip of I -630 right -of -way between the property and the road. Zoning in the area is R -4, R -6, 0-1, 0-2, 0-3, C -3 and I -2. The area directly north of I -630 is in the Capitol Zoning District. On the south side of I -630, the zoning is somewhat fragmented and this pattern is very apparent in the 1500 block of Maryland because the existing zoning is 0-2, 0-3, C -3 and I -2. The property in question abuts 0-3 and C- 3 zoning. In the surrounding neighborhood, there are some significant public or quasi- public uses and they include Arkansas Children's Hospital, the State Capitol, an elementary school and a major church facility. Other uses found in the area are single family, office, commercial, state offices, an elderly housing project and a neighborhood park. The single family blocks are primarily located east of Dr. Martin Luther King, Jr. Drive. April 18, 1995 ITEM NO.: 2 Z -5962 Cont. The rezoning of 1500 Maryland to 0-3 is compatible with the area and should not have an impact on the surrounding properties. 0-3 is more appropriate for the neighborhood and an office reclassification conforms to the adopted Central City District Plan. There are no outstanding land use or zoning uses associated with this rezoning request. LAND USE PLAN ELEMENT The site is in the Central City District. The Plan recommends Mixed Office Commercial. The request is for Office, and there is no land use issue. ENGINEERING COMMENTS 1. Driveway curb cuts will require approval from the City's Traffic Engineering section. 2. A grading permit will be required before construction. STAFF RECOMMENDATION Staff recommends approval of the 0-3 request. PLANNING COMMISSION ACTION: (APRIL 18, 1995) The applicant was present. There were no objectors in attendance and the item was placed on the Consent Agenda. As part of the Consent Agenda, the Planning Commission voted to recommend approval oft he 0-3 rezoning request. The vote was 9 ayes, 0 nays and 2 absent. E April 18, 1.995 ITEM NO.: 3 Z -5967 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Yolanda Dee Anderson - Ekworomadu Yolanda Dee Anderson - Ekworomadu 5819 Young Road Rezone from R -2 to R -5 Multi- family (4 units) 0.45 acres Multi- family SURROUNDING LAND USE AND ZONING North - Single - Family and Office, zoned R -2 and 0-3 South - I -30 Right -of -Way, zoned R -2 East - Vacant, zoned R -2 West - Single - Family, zoned R -2 STAFF ANALYSIS, For a number of years, 5819 Young Road housed a day care center and the property had 0-1 nonconforming status because the day care was annexed into the City. Recently, the structure that had been used for the day care was converted to four dwelling units. (The survey that was submitted with the rezoning application included a lot with a single family residence on it.) Only a remodeling permit was obtained for the work and there was no zoning review. Therefore, the City was unaware of the use change. After it was confirmed that the building was being remodeled for multifamily occupancy, the owner was instructed to file for appropriate rezoning. In the 0-1 district, multifamily dwellings are listed as conditional use and a rezoning is required because the nonconforming has been lost. 5819 Young Road is located east of Geyer Springs Road and adjacent to the I -30 right -of -way. There are three lots involved with this request and a total of 2 structures; 5819 Young Road sits on two lots and the eastern most lot has a single family residence. (As has been stated, the survey for the rezoning request includes all three lots.) The southern portion of each lot has been taken for interstate right -of -way. Zoning in the area is R -2, R -5, 0-3, C -3, C -4, I -2 and PCD, with the zoning patterns on both sides of the interstate April 18, 1995 ITEM NO.: 3 Z -5967 Cont. being very similar. North of I -30 and east of Geyer Springs, there is a large area of residential zoning, R -2 and R -5. The site under consideration abuts R -2 zoning on all sides. Land use is made up of single family, multifamily, office, commercial and some industrial. The existing commercial uses are primarily found along Geyer Springs and range from small retail shops to auto sales. Along Young Road the uses include single family, office and auto sales (at the intersection with Geyer Springs). There are still several nonconforming uses and a number of vacant lots in the area. The 65th Street East District Plan recommends neighborhood commercial for this portion of Young Road, which usually is a C -1 or PD -C reclassification. In the C -1 district, multifamily units (per the R -5 density, up to 36 units per acre) are permitted byright. Therefore, it is staff's position that a R -5 rezoning is not a significant change in the plan's direction and should be considered as a "holding zone." A neighborhood commercial designation can be viewed as an area of mixed uses, including some multifamily. Because of the land use plan and the property's location, a R -5 rezoning is a reasonable option for some of the site. ( LAND USE PLAN ELEMENT The site is in the 65th Street East District. The Plan recommends Neighborhood Commercial. The request is for multifamily. This is a conflict; however, staff considers this change temporary and the plan should remain unchanged at this time. The rezoning is appropriate for the area. ENGINEERING COMMENTS, Stormwater detention may be required with additional construction. STAFF RECOMMENDATION Staff recommends approval of the R -5 rezoning for Lots 10 and 11, 5819 Young Road and the location of the four -plex. This would exclude the lot with the single family residence. PLANNING COMMISSION ACTION: (APRIL 18, 1995) The applicant, Charles Ekworomadu, 5807 Young Road, was present. There were several objectors in attendance. 2 April 18, 1995 ITEM NO.: 3 Z -5967 Cont. Charles Ekworomadu spoke first and said that 5819 Young Road is currently occupied as a four -plex and there are a total of four residents in the building. Mr. Ekworomadu made some additional comments and gave some background on the property. Earline Siler, representing the Wakefield Neighborhood Association, then addressed the Commission and presented a petition against the rezoning. Ms. Siler said there were too many multifamily units and the area was saturated with apartment units. Faye Wilkerson, 110 Eda and a resident of the area for 31 years, opposed the R -5 rezoning. Darrell Rowland, 5824 Young Road, spoke and said he has lived in the neighborhood since 1957. Mr. Rowland said he was against the rezoning because there were problems in the area and adding multifamily units would not help. Charles Ekworomadu spoke again and responded to some of the comments made by the objectors. Mr. Ekworomadu reminded the Commission that there were only four residents, one per unit, and the use was reasonable for the location. There was some additional discussion about various aspects of the rezoning request. The Planning Commission then voted rezoning request. The vote was 7 to recommend approval of the R -5. 3 on the R -2 to R -5 ayes, 2 nays and 2 absent April 18, 1995 ITEM NO.: 4 Z -5974 Owner: Applicant: Location: Request: Purpose: Size. Existing Use: Jim and Maxine McClanahan Liz McClanahan West 65th and South University Avenue (northwest corner) Rezone from C -3 to C -4 Bank and auto sales 1.749 acres Bank and vacant SURROUNDING LAND USE AND ZONING North - Commercial, zoned South - Commercial, zoned East - Commercial, zoned West - Single- Family and STAFF ANALYSIS C -3 C -4 C -4 Car Wash, zoned C -3 The northwest corner of West 65th and South University is currently zoned C -3, and the request is to rezone the entire 1.7 acres to C -4. At this time, the property is basically 2 tracts, 1 acre and .7 acres. The larger parcel is leased to a bank for a branch office and smaller piece is vacant. (Several years ago, there was a single family residence on it.) C -4 is being requested because the owners have been approached by individuals wishing to operate on auto sales lot. C -4 is needed for the auto sales and it also allows a bank office. The property has frontage on 3 streets, South University, West 65th and Mabelvale Pike. Zoning in the general area is R -2, C -3, C -4, I -2 and PCD. The other three corners of the intersection are zoned C -4 and I -2. The property in question abuts C -3 zoning. Based on the existing zoning pattern, Mabelvale Pike appears to be the division between the residential and nonresidential zoning, with the commercial and industrial zoning found east of Mabelvale Pike. There are exceptions - some R -2 on the east side of Mabelvale Pike and a PCD (funeral home) on the west side. Land use is similar to the zoning and includes single family, commercial, industrial, mini - warehouse units, church, and an elementary school. A number of the commercial uses have open or outside display of merchandise. April 18, 1995 ITEM NO.: 4 Z -5974 Cont. A C -4 rezoning conforms to the adopted plan and is appropriate for the northwest corner of West 65th and South University. Over the years, the City has endorsed a combination of C -3 and C -4 along a majority of South University and it appears that this type of zoning configuration has not caused any significant problems for the nearby properties. C -4 is designed for South University and that Zoning Ordinance states that "appropriate locations for this district are along heavily traveled major traffic arterials." LAND USE PLAN ELEMENT The site is in the 65th Street West District. The Plan recommends Commercial. The request is for Commercial. There should be some concern about open display next to single family across Mabelvale Pike. Efforts to minimize future impacts should be addressed. ENGINEERING COMMENTS, 1. Mabelvale Pike is classified as a collector. The ( right -of -way standard is 30 feet from the centerline and dedication of additional right -of -way will be required. 2. Street improvements for a 36 foot collector (Mabelvale Pike) will be required. 3. Access to Mabelvale Pike shall be taken from the existing joint access drive. 4. Concrete apron on South University and Arkansas Highway and Transportation Department approval of plans will be required. 5. Stormwater detention analysis is required. STAFF RECOMMENDATION Staff recommends approval of the C -4 rezoning request. PLANNING COMMISSION ACTION: (APRIL 18, 1995) The applicant was present. There were no objectors in attendance and the item was placed on the Consent Agenda. As part of the Consent Agenda, the Commission voted to recommend approval of the C -4 rezoning. The vote was 9 ayes, 0 nays and 2 absent. April 18, 1995 ITEM NO.: 5 Z -5977 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Fixed Assets Leasing and H. Maurice Mitchell, Trustee R. Wingfield Martin Frazier Pike and Pratt Remmel Road Rezone from R -2 to I -2 Industrial (expansion of American Freightways Corp.) 37.68 acres Vacant SURROUNDING LAND USE AND ZONING North - Vacant and Industrial, zoned R -2 and I -2 South - Vacant and Single - Family, zoned R -2 and I -2 East - Vacant and Industrial, zoned R -2 and I -2 West - Vacant and Single - Family, zoned R -2 and I -2 STAFF ANALYSIS, The property in question, 37.7 acres, is located on the east side of the College Station community and the request is to rezone the land from R -2 to I -2. At this time, the proposed use is the expansion of the American Freightways facility which is located to the east and north. The site has 397 feet of frontage on Frazier Pike and then extends to north and northwest. There are a total of 3 tracts involved, with the two largest tracts, 14.9 acres and 15 acres, being situated several hundred feet north of Frazier Pike. The smaller of the 3 tracts, 7.69 acres, includes some land area that connects the parcels. The east property line of the 7.69 acre tract is the right -of -way for the extension of Pratt Remmel Road. Zoning in the area is R -2, I -2, I -3 and AF. (There is no zoning in the part of College Station that is outside the city limits.) The R -2 zoning is primarily to the west and the industrial areas are to the east, the Port Industrial District. The AF land is found south of Frazier Pike and the area is either occupied by single family residences or undeveloped. The most recent rezoning involved the I -2 parcel to the west and south. Land use includes single family, industrial and churches. There is also some limited April 18, 1995 ITEM NO.: 5 Z -5977 Cont. mining activity in the area. Some of the land is still undeveloped. The proposed industrial reclassification basically conforms to the adopted land use plan, College Station /Sweet Home. The plan identifies a large area north of Frazier Pike for industrial use. The recommended industrial area begins along the western property line of the site under consideration and extends to the east for several miles. The plan also shows an open space area between the residential neighborhoods and the proposed industrial land. On the south side of Frazier Pike, there are some single family residences and a new subdivision has been proposed for some land south of the existing homes. Because of this land use relationship, staff recommends that first 300 feet north of Frazier Pike be reclassified to I -1 which is a site plan district. This would give the City and residents another level of review and ensure that the industrial development is compatible with the residential lots. LAND USE PLAN ELEMENT The site is in the College Station /Sweet Home District. The Plan recommends Industrial with Open Space. The request is basically in conformance with the Plan. Due to recent requests by the College Station CDC to assist with funding of a single family subdivision south of Frazier Pike, efforts to control the type and design of industrial north of Frazier Pike would be appropriate. ENGINEERING COMMENTS, 1. Frazier Pike is classified as a minor arterial and the right -of -way standard is 90 feet. Dedication of additional right -of -way will be required. 2. At the time of development, street improvements for Frazier Pike and completing Pratt Remmel Road to Frazier Pike will be required. 3. Stormwater detention analysis will required. 4. A grading permit, ADPC &E permit and USACE -LRD approval will be required prior to construction. STAFF RECOMMENDATION Staff recommends the following: • I -1 for the first 300 feet north of Frazier Pike; E April 18, 1995 ITEM NO.: 5 Z -5977 (Cont.) • A 50 foot OS strip along the south and west sides of the large tract; and • I -2 for the balance of the property. PLANNING COMMISSION ACTION: (APRIL 18, 1995) The applicant, Wingfield Martin, was present. There were several objectors in attendance. Staff also provided each commissioner a copy of a letter from the College Station CDC objecting to the rezoning. Wingfield Martin spoke first and said he was representing the current owners of the land. Mr. Martin presented an aerial photo and described the area. He also reviewed a tentative site plan for the proposed American Freightways expansion. Mr. Martin then stated that there were some problems with the staff's recommendation of OS and I -1. Mr. Martin continued by discussing the I -2 to the west and indicated that no I -1 was required when the land was rezoned. He then described various land uses in the area. Mr. Martin told the Commission that American Freightways did not agree with the need for the 50 foot OS area. Mr. Martin then discussed the existing American Freightways operation and the proposed CDC residential development on the south side of Frazier Pike. Mr. Martin addressed the recommended 50 foot OS area and said that the OS creates problems. Mr. Martin continued by describing the site and discussing the buffers for the development. Mr. Martin then indicated that American Freightways would make site plan review a condition of the rezoning. Helen Flower, a College Station resident, then spoke and said she was very much opposed to the I -2 rezoning. Ms. Flower then discussed the area and the agenda sketch. Austin Porter, Jr., representing the College Station CDC, then addressed the Planning Commission. Mr. Porter said he was a long -time resident of College Station and that he was very opposed to the industrial rezoning and development. He said there were noise problems caused by American Freightways. Mr. Porter discussed the proposed subdivision on the south side of Frazier Pike and problems in the community, including the interstate and the expansion of the airport. Mr. Porter said that land use was important to the future of College Station. He then discussed American Freightways and their existing operation. Mr. Porter said he was strongly opposed to the proposed rezoning and said the industrial expansion would impact the ability to sell lots in the subdivision. Mr. Porter concluded by saying that the community has problems with any industrial rezoning. 3 April 18, 1995 5 Z -5977 Cont. A resident on Frazier Pike spoke and described the noise problems from the existing facility and said it was a 24 hour operation. Wingfield Martin reminded the Commission that the adopted plan shows industrial for the property and said that American Freightways wants to develop the site. Mr. Martin also said that the proposed single family subdivision is approximately 300 feet south of Frazier Pike. Will Garrison, American Freightways, said that there were no problems with including the 50 foot OS area. Mr. Garrison said that there would be minimal noise from the proposed building on Frazier Pike. Mr. Garrison said that American Freightways wants to utilize the land for expansion of the operation and be a good corporate citizen in Little Rock. He then described the proposed uses for the 30 acre tract and said there was a tentative site plan. Mr. Garrison then agreed to the 50 foot OS area on the south and west sides of the 30 acre site and to I -2 with site plan review for the first 300 feet north of Frazier Pike. Helen Flower spoke again and said there were a number trees on the 30 acres. There was some discussion about various issues associated with request. Austin Porter, Jr. made some comments and asked several questions about the 50 foot OS area. Wingfield Martin spoke and discussed the site plan review condition for 300 feet north of Frazier Pike. At this point, there was some discussion about utilizing the planned development - industrial process for the site. Commissioner Daniel suggested a deferral and for the applicant to consider a PD -I. Austin Porter, Jr. said a deferral would be a good idea and then discussed potential impacts on the CDC's proposed subdivision. Wingfield Martin made some comments and asked for a vote on the rezoning request. Will Garrison said the perimeter lighting would be directed inward to avoid any problems. Wingfield Martin discussed the notification of property owners and again requested a vote on the rezoning with the conditions. 4 April 18, 1995 ITEM NO.: 5 Z -5977 Cont. The Planning Commission then voted on the rezoning request with the following conditions: 1. Site plan review for the first 300 feet north of Frazier Pike 2. A 50 foot OS area on the south and west sides of the 30 acre tract 3. A lighting restriction The vote was 1 ayes, 7 nays, 2 absent and 1 abstention (B. Putnam). The I -2 rezoning was denied. 0 April 18, 1995 Owner: Charles and Rose Dirden Applicant: Rose Dirden Location: 216 So. Barton Street Request: Special Use Permit Purpose: Day care family home (6 -10 children) Size: 0.16 acres Existing Use: Single - Family SURROUNDING LAND USE AND ZONING North - Single - Family, zoned R -3 South - Single- Family, zoned R -4 East - Single - Family, zoned R -3 West - Single - Family, zoned R -3 STAFF ANALYSIS The request for 216 South Barton is to grant a special use permit for a day care family home. The Zoning Ordinance definition of a day care family is Any facility which provides child care in a family setting within a care giver's family residence in accordance with provisions of licensing procedures established by the State of Arkansas. This use is intended to fill that level of child care between unregulated baby - sitting and day care center. The Ordinance also has development criteria for a day care family home and they are as follows: 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. April 18, 1995 ITEM NO. 6 z -5976 Cont. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. 216 South Barton is a typical 50 foot by 140 foot residential lot and occupied by a single family residence. The property is situated in a neighborhood that has a mixture of R -3, R -4, R -5 and R -6 zoning, single family to high density multifamily. There is also a C -3 lot on the southwest corner of Barton and West Markham. The land use is primarily single family, but there are some duplex and multifamily units in the area. On the east side of Barton, at west 2nd and West 3rd, there are two R -5 lots. (R -5 allows up to 36 units per acre.) Allowing a day care family home at 216 South Barton is a reasonable option and staff supports the special use permit request. The lot has adequate area available for outside activity and the residence appears to have sufficient floor space to accommodate 6 to 10 children. Also, there is a driveway that can be used as a safe drop -off point. ENGINEERING COMMENTS, There are none to be reported. STAFF RECOMMENDATION Staff recommends approval of 216 South Barton subject to development criteria. PLANNING COMMISSION ACTION: the special use permit for complying with all the (APRIL 18, 1995) Staff reported that the request needed to be withdrawn because the applicant indicated that they would file for a conditional use permit. As part of the Consent Agenda, the Planning Commission voted to withdraw the special use permit request. The vote was 9 ayes, 0 nays and 2 absent. 2 April 18, 1995 ITEM NO.: 7 NAME: LOCATION• OWNER /APPLICANT: FILE NO.: Z -5973 First Bible Missionary Church - Conditional Use Permit 11001 Shenandoah Drive Larry Bork, Pastor; First Bible Missionary Church PROPOSAL: The applicant requests a conditional use permit to allow for the use of a portion of this R -2 zoned residence as a temporary place of worship. The double car garage is to be converted into a small chapel accommodating 15 -20 persons. Approval is requested for a period not to exceed three years. ORDINANCE DESIGN STANDARDS: 1. Site Location The property is located at the southeast corner of Shenandoah Drive and Antietam Drive, just east of the Shiloh Subdivision. 2. Compatibility with Neighborhood The property is located in an area just east of the Shiloh Subdivision comprised primarily of vacant single family residential lots and large, undeveloped, heavily wooded tracts. All adjacent property is vacant and zoned single family residential. The site is separated from the nearest single family residence by vacant lots. No structural changes are to be made to the exterior of the structure and it will maintain its residential appearance. As a temporary use for this small congregation, the proposed church should be compatible with the neighborhood. 3. On -Site Drives and Parking The site contains a driveway which will accommodate four vehicles. A worship area with a seating capacity of 20 persons requires five on -site parking spaces. Both Shenandoah Drive and Antietam Drive dead -end just past this site and there is no other development on this portion of these streets. April 18, 1995 ITEM NO.: 7 Cont. FILE NO.: Z -5973 4. Screening and Buffers, No screening or buffering is required for this proposed temporary use. The structure will still serve primarily as the pastor's residence. 5. City Engineer Comments, No comments 6. Utility and Fire Department Comments No comments 7. Analysis 11001 Shenandoah Drive is the residence of the pastor of First Bible Missionary Church. A conditional use permit is requested to allow for the use of a portion of this residence as a temporary place of worship for this small congregation of 15 -20 persons. The applicant proposes to convert the double car garage into a chapel. No other structural changes are proposed and the structure will maintain its residential appearance. The property is located in an area of vacant residential lots and undeveloped tracts. Both streets which border the site dead -end just past the property, further isolating it from the adjacent residential development. Staff feels that the temporary use of a portion of this residence as a place of worship for this small congregation will not have a negative effect on the neighborhood. The applicant should review the Bill of Assurance for Shenandoah Subdivision to determine whether this use is in violation of any of its provisions. 8. Staff Recommendation Staff recommends approval of the application subject to the following conditions: a. The approval is to be limited only to this small congregation with an attendance of 15 -20 persons. b. The use of this property by the church is not to exceed a period of three years from the date of Planning Commission approval. 2 April 18, 1995 ITEM NO.: 7 Cont. FILE NO.: Z -5973 C. Signage is to be limited to that allowed only in residential one and two family zones. d. No ancillary activities such as a private school or day care program are to be operated at this site. SUBDIVISION COMMITTEE COMMENT: (MARCH 16, 1995) The applicant was not present. Staff presented the item. After a brief discussion of the proposed use of the house by the church, the Committee determined there were no outstanding issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (APRIL 18, 1995) The applicant, Rev. Larry Bork, was present. There were two objectors present. Staff presented the item and a recommendation of approval, with conditions. Rev. Bork addressed the Commission in support of his application. He questioned the condition in the staff recommendation which limits the approval to only this small congregation with an attendance of 15 -20 persons. Dana Carney, of the Planning Staff, responded that the intent was to limit approval to this specific applicant, meaning that another church could not use this property based on this applicant's approved conditional use permit. Cloie Perry Morgan, of Perry Construction Company (the developer of Shenandoah Subdivision) addressed the Commission in opposition to the application. She stated that the proposed church would generate excessive traffic through the neighborhood. Ms. Morgan stated that the residents of Shiloh Subdivision had just recently, successfully petitioned the City to barricade Oxford Valley Drive at Legion Hut Road to keep traffic from driving through the Subdivision from the Chicot Road area to Mabelvale Cut -off. Ms. Morgan questioned the appropriateness of placing a church at this site and stated that it would negatively impact potential sale of other lots in the Shenandoah Subdivision. Albert Straub, of 8806 Manassas Circle, addressed the Commission in opposition to the item. He presented a petition signed by residents of the Shiloh Subdivision in opposition to the proposed church. There were approximately 139 signatures on the petition. Mr. Straub also presented a letter from John Mayfield, president of the Shiloh Neighborhood Association, asking that the application be denied. Mr. Straub concluded his remarks by stating that the church was a business and that residents did not want a business in the neighborhood. 3 April 18, 1995 ITEM NO.: 7 Cont FILE NO.: Z -5973 Rev. Bork responded to some of the concerns raised by Mr. Straub and Ms. Morgan. He stated that the primary use of the structure would be as his residence and that only the two -car garage would be used for the church. Commissioner McCarthy asked Rev. Bork what was proposed to happen at the end of the three years requested. Rev. Bork responded that the congregation hoped to grow to a point where they could afford to relocate. He stated that the church had been in existence since 1960 and was at one time in a building on Young Road. The congregation dwindled and the building was sold. Rev. Bork stated that the congregation now met in an apartment. Commissioner Adcock asked Rev. Bork how he will handle church growth during the next three years. Rev. Bork responded that the church would relocate if it outgrew the garage. Commissioner Ball suggested that the church might consider asking for an 18 month approval with Planning Commission review at that time. Chairman Walker stated that a 3 year approval with Planning Commission review after 1 year might be appropriate. There was a brief discussion of the suggestion offered by Commissioners Ball and Walker. Commissioner Adcock asked Mr. Straub if approval with further Commission review after 1 year would address the neighborhood's concerns. Mr. Straub responded that it would not. He again voiced his opposition to the item. Ms. Morgan again asked the Commission to deny the application. Commissioner Chachere asked Rev. Bork what the church's schedule of services is. Rev. Bork responded that church services would be Sunday morning and evening and Wednesday evening. Commissioner Chachere asked Rev. Bork if he would make an effort to keep his congregants from blocking the streets. Rev. Bork responded that he would do everything he could to keep that from happening. Dana Carney, of the Planning Staff, stated he would ask the City's Traffic Engineer to review the situation and determine if there was a problem with cars parking on both sides of the street. The question was called and a vote was taken on the application, as amended to include Planning Commission review after 1 year. The vote was 5 ayes, 4 noes and 2 absent. Due to a lack of 6 votes, either for or against the item, it was deferred to the May 16, 1995 Commission meeting. 4 0 0 w w 0 Z 0 0 Z E Z a S J 7 LW UN 4 Q W n. N a� c O 0 c a> MW co ¢ z w co a QI w ¢ z 6 W \I 1 Ole 0014 0 I I I k Q w z w LLJ Z W z ¢ N CIO N LLJ J 0 J Z Co 2 J M ¢ � = d co L LJJ CT] CL¢LuLLJP m U J¢ w `N UO 2f2 z 0 0o ^j � J¢ J U= Z U J J nmCD 2 =0<a-�u�3.. n. N a� c O 0 c a> MW co ¢ z w co a QI w ¢ z 6 W \I April 18, 1995 There being no further business before the Commission, the meeting was adjourned at 3:20 p.m. Date ha' an