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HomeMy WebLinkAboutpc_08 22 1995LITTLE ROCK PLANNING COMMISSION REZONING HEARING MINUTE RECORD AUGUST 22, 1995 9:00 A.M. I.Roll Call and Finding of a Quorum A Quorum was present being ten (10) in number. II.Approval of the Minutes of the Previous Meeting III. The Commission approved the minutes of the July 11, 1995Planning 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 Mizan Rahman Ron Woods Brad Walker None One Open Position Cindy Dawson LITTLE ROCK PLANNING COMMISSION REZONING HEARING I.DEFERRED ITEMS A.Z-6011 AGENDA AUGUST 22, 1995 10100 Block Mabelvale West Road; north side R-2 to C-3 B.Land Use Plan Amendment Otter Creek and Geyer Springs West Districts II.REZONING ITEMS 1.Z-6016 4411 Baseline Road R-2 to C-3 2.Z-3206-A 11000 Block Kanis Road 0-3 to C-3 3.Z-6021 5806 s. University Avenue C-3 to C-4 4.Z-6017 6800 Block Baseline Road R-2 to 0-3 5.Z-6018 8700 Block Cunningham R-2 to C-4Lake Road 6.Z-6019 Chenal Parkway at R-2, C-2 andLa Grande Drive MF-24 to 0-2 August 22, 1995 ITEM NO.: A 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-3west -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-of­way. 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. August 22, 1995 ITEM NO.: A 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 August 22, 1995 ITEM NO.: A 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 3 August 22, 1995 ITEM NO.: A 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. PLANNING COMMISSION ACTION: (AUGUST 22, 1995) The applicant, Robert Ashcraft, was present. There were no objectors present. Dana Carney, of the Planning Staff, presented the item. He informed the Commission that staff had expanded a study of the Geyer Springs West District Land Use Plan (Item 11 B 11 on this agenda) to include Mr. Ashcraft's property. The result of that study was that staff recommended an amendment to office for his property. As such, staff's recommendation was denial of the C-3 zoning request. 4 August 22, 1995 ITEM NO.: A Z-6011 (Cont.) Mr. Ashcraft addressed the Commission in support of his application. He pointed out several recent rezoning actions in the vicinity of his property. Mr. Ashcraft stated that he was willing to work with the Commission and would accept some combination of commercial and office zoning on the site. He stated he would accept 11 0-3 11 as recommended by staff if the Commission felt commercial zoning was inappropriate. Chairman Walker asked Mr. Ashcraft if he had met with staff since the last meeting. Mr. Ashcraft stated that he had not; that he saw no reason to do so once he was informed that staff's recommendation was not changed as a result of the proposed land use plan amendment. Commissioner Putnam stated that it was difficult to sell property in this area, whether it was residential or nonresidential. Jim Lawson, Director of the Department of Neighborhoods and Planning, stated that there was currently vacant 11 C-3 11 zoned property in the area. He stated that staff was concerned about strip zoning Mabelvale West/Mabelvale Pike commercially. Commissioner Putnam stated that a specific development proposal might be a better approach on this property. Mr. Lawson stated that the applicant had no specific plans for the property other than to rezone it to a nonresidential classification and then sell it. He stated that 11 0-3 11 could serve as a nonresidential "holding classification" and that the applicant could come back to the Commission if a specific development is proposed. Chairman Walker stated that the area's zoning pattern had been affected by the realignment of Mabelvale West/Mabelvale Pike. He stated that a creative application with some commercial to serve the immediate community might have been more appropriate. Commissioner Putnam stated that he thought the suggestion to rezone to 11 0-3 11 as a holding classification was a good idea .. Ruth Bell, of the Pulaski County League of Women Voters, addressed the Commission. She stated that rezoning this large tract to "C-3" would be inappropriate since it abuts residential properties. Ms. Bell stated that the League supported office zoning or a "creative alternative" for the site. In response to a question from Chairman Walker, Mr. Ashcraft stated that he agreed to amend the application to 11 0-3 .,11 5 August 22, 1995 ITEM NO.: A Z-6011 (Cont.} Commissioner Woods stated that there should be some commercial uses in close proximity to the residential neighborhoods to provide services to residents. Chairman Walker stated that he believed staff's opinion to be that an open 11 C-3 11 classification is not appropriate butsome future application with a specific development might be acceptable. Commissioner Adcock asked why the 11 C-3 11 zoning to the east of this site was approved. Mr. Lawson responded that it was appropriate to establish a commercial node at the major intersection of Mabelvale Main and Mabelvale West/Mabelvale Pike. He stated that expanding the commercial zoning further away from the intersection could tend to 11 strip out 11 the street. After a brief discussion, Mr. Ashcraft confirmed that he was amending his application to 11 0-3.11 A motion was made to approve the application as amended to 11 0-3.11 The motion was approved by a vote of 10 ayes,0 noes, 0 absent and 1 open position. 6 August 22, 1995 ITEM NO.: B NAME: City Land Use Plan Amendment -Otter Creek and Geyer Springs West Districts LOCATION: West of Heinke Road and South of I-30 REQUEST: Change Various Classifications SOURCE: Staff STAFF REPORT: The Planning Commission changed the zoning pattern north of Alexander Road about 6 months ago. Before that time all the land north of Alexander was shown for industrial on the plan and was zoned I-3 "Heavy Industrial" or I-1 "Park Industrial." However after the Commission and Board's actions, single family zoning was introduced on the north side of Alexander Road. Staff indicated this was a major violation of the Plan and as a result, staff would begin a review of the area. Reviews of existing conditions, zoning, etc. were completed, and major property owners, of undeveloped tracts, were contacted. Because of the existing zoning pattern and unwillingness of owners to change the zoning, Staff was limited on what could be changed. Concern was raised about the amount of "I-3 11 zoned property in the area close to schools and single family. Later in the process, the Quail Run Property Owners Association asked that the review area be expanded and that Mixed Residential designation be removed from their subdivision. Staff review of the larger area proceeded and further discussions with three "I-3" property owners began. A proposed land use plan amendment package was shown to the executive committee of the Quail Run Association on Wednesday, January 4, 1995. At that time, those presented indicated basic support for the changes. At the same time, the three "I-3 11 owners were asked about reclassification to "I-2 11 or "I-1." Again in the first week of January, it appeared that there was agreement from at least two of the owners. Therefore, Staff now brings the following plan changes for the Commission's consideration: Public Institutional to Park Open Space Morehart Park -Mabelvale Cutoff Road Proposed Park -NE corner Alexander Road/Vimy Ridge Road (site on adopted Master Parks Plan) August 22, 1995 ITEM NO.: B {Cont.) Single Family to Park Open Space South of Hall Lane, either side of Otter Creek -City owned Light Industrial to Public Institutional AP&L substation south of Otter Creek Church west of Vimy Ridge, North of Alexander Road Neighborhood Commercial and Multifamily to Single Family NE of County Line Road/Vimy Ridge -existing Single Family Mixed Residential to Single Family West of Hall Lane south of Village Terrace -Single Family and Vacant West of Vimy Ridge either side of Pleasant Hill Road -vacant and Single Family Light Industrial to Single Family South of Crooked Creek and north of Alexander Road -Vacant Neighborhood Commercial and Multifamily to Low Density Multifamily NE of County Line and Vimy Ridge -Vacant and zoned MF-6 Mixed Residential to Low Density Multifamily either side of Pleasant Hill Road at Vimy Ridge -Vacant and zoned MF-6 and R-2 Light Industrial to Suburban Office West of Blake -Mix of uses and zoned I-2 and R-2 Neighborhood Commercial to Mixed Office and Commercial NW corner Alexander and Sardis -vacant and zoned O-3 and C-3 Mixed Residential to Mixed Office and Commercial South of Alexander either side Vimy Ridge Road -mix of uses zoned R-2 Neighborhood Commercial to Commercial NW corner Alexander at Vimy Ridge -existing commercial Light Industrial to Mixed Office and Industrial North of Alexander and west of Sardis to Otter Creek -Vacant zoned I-1 and I-3 (rezoning of I-3 to I-1 attached) South of Alexander east of Otter Creek -Light Industrial uses and I-1 zone Light Industrial to Industrial South of I-30, Otter Creek to Crooked Creek -existing industrial zoned I-3 and R-2 2 August 22, 1995 ITEM NO.: B (Cont.) STAFF RECOMMENDATION: Deferral PLANNING COMMISSION ACTION: {FEBRUARY 7, 1995) Staff informed the Commission that a major property owner wished to further discuss the issue. Therefore, the item should be deferred to May 2, 1995. By unanimous vote the item was deferred. STAFF UPDATE: The Conservation Fund, a major industrial property owner, wrote to staff and asked for a meeting in late February or March. The Conservation Fund representative did not come to Little Rock and meet with Staff as indicated by correspondence. Since the Conservation Fund is on record asking for the property not to be rezoned, no reclassification is possible. During the entire process the Conservation Fund has not been forthcoming with information or assistance. Because of their lack of assistance, staff cannot recommend further deferral of this issue. Staff would recommend that all the changes proposed in the write­up above be approved except as follows. The Light Industrial to Mixed Office and Industrial change should be dropped from consideration. Since the area is 11 I-3 11 , the plan should be changed to Industrial north of Alexander between Otter Creek and Sardis Road. The first 800 feet north of Alexander Road and 1,800 feet west of Sardis Road should remain Light Industrial. This land use pattern more accurately reflects existing zoning and therefore further development. STAFF RECOMMENDATION: Approve as amended. PLANNING COMMISSION ACTION: {MAY 2, 1995) Walter Malone, Planner II, reviewed the request and informed the Commission that the Conservation Fund representative met with Staff last week. In order to allow the Conservation Fund time to make their request Staff recommends a 6 week deferral. Mr. Malone assured the Commission deferral would not adversely impact any other parties involved in the plan changes. 3 August 22, 1995 ITEM NO.: B (Cont.) By unanimous vote (7-0) the Commission approved a 6 week deferral. STAFF UPDATE: Due to the Commission meeting cancellation, it has been 12 weeks since the last hearing. As of this date (last week in June), Staff has not heard further from the Conservation Fund. Therefore, Staff recommends the Commission proceed as outlined in the previous update. PLANNING COMMISSION ACTION: (JULY 25, 1995) There was a brief discussion and staff recommended that the item be deferred. A deferral was suggested because of the need to review the land use plan for the Mabelvale area (Geyer Springs West) and a possible plan amendment. A motion was made to defer the item to August 22, 1995 meeting. The motion was approved by a vote of 7 ayes, O nays and 4 absent. STAFF UPDATE: In the northern Mabelvale area, the adopted plan has not been reviewed since the realignment of Mabelvale West/Mabelvale Pike. The new alignment changes the location of the major intersection. The land use plan, generally still assumes the original alignment. It is appropriate to allow for an intensification in the area. Either higher density residential or office uses can be reasonably considered. Taking the existing zoning, use and proposed pattern encourages the concentration of office uses to the west of Mabelvale Main. Thus, the area north of Mabelvale West should be shown for office use. South of Mabelvale Pike and Mabelvale West is shown on the plan for Neighborhood Commercial and Single Family. The area was originally platted for residential lots. Though some commercial zoning is in place, most of the area is still single family. Because of the existing zoning pattern and addition of a major road (new alignment of Mabelvale West-Mabelvale Pike), the area is likely to transition to a mixed use area. The most appropriate designation is Mixed Office Commercial. Conversion of the parcels should be reviewed carefully to insure a quality 4 August 22, 1995 ITEM NO.: B (Cont.) transition. As a clean up, the existing church (NE corner Nash and Mabelvale West) would be shown for public use and the Multifamily area north of Mabelvale Pike would be continued to Mabelvale Pike (to the south). PLANNING COMMISSION ACTION: (AUGUST 22, 1995) Walter Malone, Planner II, briefed the Commission on the proposed land use plan. The process was started by a single family rezoning on Alexander Road. Staff has tried to work with a large owner between Alexander Road and the railroad tracks. However, the owner has been unwilling to work with staff to change the zoning. This area will have to remain light industrial. Mr. Malone reviewed the other proposed changes. Commissioner Selz asked if all owners had been notified. Mr. Malone stated the owners had not been notified, however the neighborhood association has seen the changes and agrees with the changes proposed. All areas where changes are proposed, except one, are either increased in intensity or the intensity is equivalent e There was general discussion about notice: signs; cable channel; mail to everyone; newspaper ads; neighborhood contacts. The Commission asked staff to propose a better method of notification and deferred the item to September 5, 1995. (Unanimous vote) 5 August 22, 1995 ITEM NO.: 1 Z-6016 OWner: Applicant: Location: Request: Purpose: Size: Existing Use: Richard Day (Trust) Richard F. Day, Jr. 4411 Baseline Road Rezone from R-2 to C-3 Sell 1.34 acres Single-Family Residence and vacant SURROUNDING LAND USE AND ZONING North -Single-Family residential and various nonconforming commercial uses, zoned R-2 South -Single-Family residential, zoned R-2 East -Single-Family residential, zoned R-2 West -Nonconforming convenience store with gas pumps,zoned R-2 ENGINEERING CO:MMENTS Adjacent rights-of-way are in compliance with Master Street Plan. With construction the applicant will be required to improve Reck Road to collector street standards with sidewalk, curb and gutter, and pavement widening. Stormwater detention analysis will be required due to parcel size being larger than 1 acre and other provisions of the Ordinances will be reviewed at the time of building permit. Contact AHTD for approval of any construction in the right­of-way of Baseline Road. LAND USE ELEMENT The site is located in the Geyer Springs District. The adopted Land Use Plan recommends Mixed Residential. The request is in conflict with the Plan and staff cannot recommend changing the plan at this time. STAFF ANALYSIS The request before the Commission is to rezone this 1.34 acre tract from R-2 to C-3. The tract is comprised of August 22, 1995 ITEM NO.: 1 Z-6016 (Cont.) portions of two lots of Rinke Garden Acres and is located near the southeast corner of Baseline Road and Reck Road. One single family residence occupies a portion of the site and the remainder is vacant. There are no immediate plans for the property other than trying to sell it to a commercial user. Although there are many non-residential uses in the immediate vicinity, they were in place prior to this area being annexed into the City and the majority are zoned R-2. Along the south side of Baseline Road, the Land Use Plan recommends commercial for properties to the west of Reck Road and mixed residential for properties east of Reck Road. The requested C-3 zoning is in conflict with the adopted Land Use Plan. Staff believes there has been no change in circumstances to warrant a change in the Plan and, as such, cannot support the requested rezoning. S TAFF RECOMMENDATION Staff recommends denial of the C-3 rezoning request. PLANNING COMMISSION ACTION: (AUGUST 22, 1995) The applicant was not present. There were three persons present with concerns related to the proposed zoning. Staff presented the item and a recommendation of denial. Donna Dillahunty, of 10716 Platte Valley Drive, addressed the Commission. She stated that she owns property on Bruno Road which abuts the property in question. Ms. Dillahunty stated that she did not receive the notice of public hearing 15 days prior to the meeting. She stated that she understood Mr. Day seeking commercial zoning for his property but that she was opposed to zoning the 50 foot wide strip which extends to Reck Road and which abuts her property. Ms. Dillahunty questioned why the Land Use Plan recommends mixed residential for property east of Reck Road when there are many commercial uses already in place. She concluded by asking that the item be deferred. A discussion then took place concerning making the public notification more visible and not 11 hidden 11 in the legal section of the newspaper. In response to a question, Dana Carney of the Planning Staff, confirmed that the notice of public hearing had been mailed 14 days prior to the meeting; not 15 days as required by the Commission's Bylaws. Verla Berkau, of 5300 Rinke Road, addressed the Commission. She stated that she wanted property she owns on Baseline 2 August 22, 1995 ITEM NO.: 1 Z-6016 (Cont.) Road considered for commercial zoning if Mr. Day's application was approved. It was noted that the applicant was not present. After a brief discussion, a motion was made to defer the item to the October 31, 1995 Planning Commission meeting. The motion was approved by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. 3 August 22, 1995 ITEM NO.: 2 Z-3206-A Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Vogel-Hughes-Jones, an Arkansas General Partnership Robert M. Brown, Agent 11000 Block of Kanis Road, north side Rezone from 0-3 to C-3 Commercial development 6.022± acres Three (3) Single-Family Residences and Vacant SURROUNDING LAND USE AND ZONING North -Office buildings, zoned 0-3 South -Nonconforming church and Single-Family residence, zoned R-2 East -Residential, zoned 0-3West -Residential, zoned R-2 ENGINEERING COMMENTS Kanis is a minor arterial and 45 foot of ROW shall be dedicated from centerline. Mason Street will be classified as a commercial street and require 30 foot of ROW dedicated from centerline. Dedication of additional ROW for commercial cul-de-sac will be required at the end of Mason Street. A grading permit and ADPC&E permit are required prior to clearing or excavation. Terracing of fill may be required, if heights exceed 15 feet. Streets will require widening to MSP sidewalks and underground drainage. analysis with effects on down stream provisions of the Ordinances will be building permit. LAND USE ELEMENT standards along with Stormwater detention systems and other reviewed at the time of The site is located in the I-430 District. The adopted Land Use Plan recommends Office. The request is in conflict with August 22, 1995 ITEM NO.: 2 Z-3206-A (Cont.) the Plan and staff cannot recommend changing the plan at this time. STAFF ANALYSIS The request before the Commission is to rezone this 6.022± acre tract from 0-3 to C-3. The majority of the site is vacant although three single family homes are located on the portion nearest Kanis Road. No specific development or use has been submitted for the site at this time. The I-430 District Land Use Plan recommends Office for all of the properties on the north side of Kanis Road from Shackleford to Autumn with the exception of a small area at the northwest corner of Kanis and Shackleford Roads. The applicant's property, the office park located directly to the north and the property to the east are all zoned 0-3 which is in compliance with the Land Use Plan. Rezoning this site could be the first step towards stripping out Kanis Road, from Shackleford to Bowman, with commercial zoning. The potential impact on the City's Land Use Plan and on the Kanis Road traffic pattern requires further study. STAFF RECOMMENDATION Staff recommends deferral of this item to the October 3, 1995 Planning Commission meeting to allow for further review and analysis of the land use plan and the Kanis Road traffic pattern. PLANNING COMMISSION ACTION: (AUGUST 22, 1995) The applicant was not present. There were no objectors present. Staff presented the item and recommended deferral to the October 3, 1995 Commission meeting to allow for further review and analysis of the land use plan and the Kanis Road traffic pattern. It was noted that the applicant had agreed to the deferral. The item was placed on the Consent Agenda and approved for deferral to October 3, 1995. The vote was 8 ayes, O noes, 1 absent, 1 abstaining (Chachere) and 1 open position. 2 August 22, 1995 ITEM NO.: 3 Z-6021 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Gerald Martindill, et al Gregory M. Hopkins, Agent 5806 South University Avenue Rezone from C-3 to C-4 Automobile sales and service .83 acres Retail automobile sales SURROUNDING LAND USE AND ZONING North -Automobile sales and service, zoned I-2 South -Automobile sales and service, zoned C-4 East -Automobile sales and service, zoned I-2 West -Single-Family residential, zoned R-2 ENGINEERING COMMENTS Right-of-ways conform to Master Street Plan. With any construction, street improvements, sidewalks, and driveways will be requested to be improved. AHTD shall be contacted before any construction in ROW of University Avenue. LAND USE ELEMENT The site is located in the 65th Street West District. The adopted Land Use Plan recommends Commercial. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Planning Commission is to rezone this .83 acre tract from C-3 to C-4 to allow for the expansion of the automobile sales business located directly to the north of the site. The property is comprised of two lots extending from University Avenue on the east to Mabelvale Pike on the west. The lots are currently vacant although the lot closest to University Avenue does appear to have some history of use for the display of automobiles. August 22, 1995 ITEM NO.: 3 Z-6021 {Cont.) The property has been graded and now sits 10-15 feet below the grade of Mabelvale Pike. This difference in grade elevation helps to shield activities on the site from the residential properties located across Mabelvale Pike to the west. The requested C-4 zoning complies with the Land Use Plan which recommends commercial for this site. The existing zoning pattern along this portion of University Avenue is primarily C-4 and I-2 with automobile sales and related businesses being the predominate uses. This proposed C-4 site is appropriately located on a heavily traveled major traffic arterial. The applicant should be aware that the C-4 district does not allow open display of any kind whatsoever in the first twenty feet of the required front yard setback. STAFF RECOMMENDATION Staff recommends approval of the C-4 rezoning request. PLANNING COMMISSION ACTION: (AUGUST 22, 1995) 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 8 ayes, 0 noes, 1 absent, 1 abstaining (Chachere) and 1 open position. 2 August 22, 1995 ITEM NO.: 4 Z-6017 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Wrape Family Charitable Trust Fred J. Gray, Agent South side of Baseline Road at its intersection with Verbena Drive Rezone from R-2 to 0-3 Office Building Development 4.995± acres Vacant, heavily wooded SURROUNDING LAND USE AND ZONING North -Offices and Residential, zoned 0-3, C-3 and R-2 South -Vacant, zoned R-2 East -vacant, zoned R-2 West -Single-Family residence and vacant, zoned R-2 ENGINEERING COMMENTS Right-of-way for Baseline appears to conform with the Master Street Plan. An excavation permit is required before construction begins. Stormwater detention analysis will be required. Improvements within ROW will require AHTD approval. When plans are submitted for construction, a ramp to provide crossing capabilities for handicap persons will be required on frontage and other provisions of the Ordinances will be reviewed at the time of building permit. Site is limited to one driveway which should line up with Verbena Drive to the north. LAND USE ELEMENT The site is located in the Geyer Springs West District. The adopted Land Use Plan recommends Office. The request is in conformance with the Plan. STAFF ANALYSIS The request before the Planning Commission is to rezone this 4.995± acre tract from R-2 to 0-3. The property is currently vacant and heavily wooded. The site is located on August 22, 1995 ITEM NO.: 4 Z-6017 (Cont.) the south side of Baseline Road, between the new Southwest community Park and Dailey Drive. No specific plans have been submitted but the applicant indicates the requested 0-3 zoning is to accommodate an office building development. The Land Use Plan recommends office for the properties at both the southeast and southwest corners of Baseline Road and Dailey Drive. This property falls within that area and the requested 0-3 zoning complies with the land use plan. The requested 0-3 zoning should provide an appropriate transition from the intensely trafficked Baseline Road area to the residential properties located south of the site. Staff is supportive of the rezoning request. STAFF RECOMMENDATION Staff recommends approval of the 0-3 rezoning request. PLANNING COMMISSION ACTION: {AUGUST 22, 1995) The applicant, Fred Gray, was present. There were no objectors present. Staff presented the item and a recommendation of approval. Fred Gray addressed the Commission. He stated that the proposed development was a 23,000 square foot, 1 story building to be used as offices by the Arkansas Department of Human Services. In response to a question from Commissioner Adcock, Mr. Gray stated that the proposed building appeared to be pure office; with no medical clinics. Commissioner Chachere asked if the 11 0-3 11 zoning could be approved for the specific use indicated by Mr. Gray. Staff responded that such actions were not allowed. Commissioner Adcock stated that she was concerned about what use was proposed for the site. She noted that 11 group care facility" was a permitted use in 11 0-3 11 and that the Department of Human Services was involved in establishing such facilities. Dana Carney, of the Planning Staff, noted that the request was a straight 11 0-3 11 rezoning and, if approved, any by-right use in the 11 0-3 11 classification could use the property. A brief discussion then followed concerning the definition of "group care facility 11 and the possibility of such a facility going on this 5 acre tract. 2 August 22, 1995 ITEM NO.: 4 Z-6017 {Cont.) Commissioner Ball stated that he appreciated Mr. Gray explaining the proposed development and that he understood Commissioner Adcock's concerns however, the issue before the Commission was a question of land use and whether 11 0-3 11 zoning was appropriate for the site. Commissioner Adcock stated that she wanted developers to be 11 upfront 11 with the citizens. Commissioner McCarthy stated that the Department of Human Services may not choose to use this site, even after it is rezoned to 11 0-3 11 and the character of the area has been changed. Chairman Walker stated that the requested 11 0-3 11 zoning conforms to the land use plan and would serve as a buffer against Baseline Road. Commissioner Daniel stated that he would prefer to see the application amended to a PUD and "group care facility" eliminated as a permitted use. Jim Lawson, Director of the Department of Neighborhoods and Planning, stated that there was no site plan submitted with this application. He then questioned why the Commission would discriminate against the Department of Human Services as a potential user. Commissioner Woods stated that it was not appropriate to hold the rezoning hostage when the request conformed to the adopted Land Use Plan. The question was called and a vote taken on the 11 0-3 11 rezoning. The vote was 7 ayes, 3 noes, 0 absent and 1 open position. 3 August 22, 1995 ITEM NO.: 5 Z-6018 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Carl Bridges Carl Bridges 8700 Block of CUnningham Lake Road, south side Rezone from R-2 to C-4 Sell cut Christmas trees in season 1.21 acres Vacant SURROUNDING LAND USE AND ZONING North -Various commercial uses, zoned C-3 South -Grassy Flat Creek and Henderson Junior High School, zoned R-2 East -Various Commercial and Industrial uses,zoned C-3 and I-2West -Various Commercial uses, zoned C-3 ENGINEERING COMMENTS Dedicate right-of-way for adjacent streets. Commercial use dictates 30 foot of ROW from centerline. With any planned construction street improvements conforming to 36 foot wide commercial street standards with sidewalks and improved drainage will be required. The legal description appears to indicate that the property is in the regulatory floodway. Sketch Grading and Drainage plan information is required prior to Planning Commission action. A development permit and setback distances from regulatory floodway will be required. Dedication of easement for floodway is required. Traffic Engineering recommends denial based on the insufficient width and condition of Cunningham Lake Road to handle commercial traffic. Without planned construction, applicant will not be required to improve roads. August 22, 1995 ITEM NO.: 5 Z-6018 LAND USE ELEMENT (Cont.) The site is located in the West Little Rock District. The Land use Plan recommends Park/Open Space. For any portion of the property which may not be in the floodway/floodplain, the Plan recommends Commercial. If the site is not in the floodway and the Parks Department does not need the area as part of the priority one open space shown on the Master Parks Plan, then a commercial rezoning would be in conformance. Staff believes this site is not suitable for C-4 rezoning and that a more restrictive commercialclassification is more appropriate. STAFF ANALYSIS The request before the Commission is to rezone this 1.21 acre tract from R-2 to C-4. The property is located one block south of West Markham Street, between Cunningham Lake Road and Grassy Flat Creek. The property is currently vacant and covered with trees and scrub brush. The applicant has indicated the proposed use to be display and sales of cut Christmas trees, when in season. Staff feels that the C-4 rezoning request is inappropriate for this site and offers the following reasons to support that conclusion. The City Engineer's Office has determined that the property lies in the regulatory floodway. It has been established city policy that properties lying within the floodway be dedicated and zoned OS. The West Little Rock District Plan recommends Park/Open space for this property. This designation is based on the assumption that the property is in the floodway/floodplain. The C-4 rezoning request is not in compliance with the adopted Plan. The Land Use Plan recommends commercial for any portion of the site which may not be in the floodway/floodplain. Again, staff does not believe C-4 to be an appropriate commercial zoning for this site. The purpose and intent of the C-4 district states that appropriate locations for this district are along heavily traveled major traffic arterials. This property is located one block off of West Markham Street and can only be accessed by Cunningham Lake Road, an extremely substandard street. A more restrictive commercial reclassification is more appropriate for any portion of the site which may not be in the floodway/floodplain. 2 August 22, 1995 ITEM NO.: 5 Z-6018 STAFF RECOMMENDATION (Cont.) Staff recommends denial of the c-4 rezoning request. PLANNING COMMISSION ACTION: (AUGUST 22, 1995) The applicant was not present. There were no objectors present. Staff presented the item and a recommendation of denial. It was noted that the applicant was not present and a motion was made to defer the item to the October 3, 1995 Commission meeting. Commissioner Daniel stated that he would prefer to see the application amended to a PCD for Christmas tree sales only. Dana Carney, of the Planning Staff, noted that the property in question may have been created as the result of an illegal subdivision which is being investigated by staff. A vote was taken on the motion to defer the item. The vote was 9 ayes, 0 noes, 0 absent, 1 abstaining (McCarthy) and 1 open position. 3 August 22, 1995 ITEM NO.: 6 Z-6019 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: Deltic Farm and Timber Company Marion Scott Foster, Agent Southwest Corner of Chenal Parkway and proposed La Grande Drive Rezone from R-2, MF-24 and C-2 to o-2 Office Development 19.35± acres Vacant, heavily wooded SURROUNDING LAND USE AND ZONING North -Vacant, zoned PCD (Future Village at Chenal site) south -vacant, zoned R-2 and MF-24 East -vacant, zoned 0-2 West -Vacant and one residence, zoned R-2, MF-18and C-2 ENGINEERING COMMENTS The alignment of the collector on the northern perimeter must be straightened to conform to Master Street Plan. Dedication of right-of-way is required. It is recommended that dedication occur with site plan review. Topographic and base flood information is required prior to Commission action. Prior to development, contours and a sketch grading and drainage plan will be required. Construction of streets to Master Street Plan standards will be required at time of development. Stormwater detention analysis will be required. LAND USE ELEMENT The site is located in the Chenal District. The adopted Plan recommends Multifamily. Staff has some concern about the continuing loss of residential land. To the east several areas have been changed from multifamily to commercial, mixed office commercial and mixed office warehouse. When the plans for West Little Rock were adopted in 1986, the amount of office and commercial use were August 22, 1995 ITEM NO.: 6 Z-6019 (Cont.) calculated based on the demand from the new residential. The Plan allowed for more nonresidential than the residential demanded. Since that time, the City has approved several rezonings to increase supply and reduce demand i.e. converted residential areas to nonresidential. However as part of the "urban village" proposed by Chenal Properties, residential was added. This addition made a few months ago should at least partially offset the loss of this area as a residential use. Based on the approved "village" plan, staff can accept the change from multifamily to office. But the Plan will have to be changed to reflect the increase of residential use to the north of this site at the same time as the multifamily is removed. STAFF ANALYSIS The request before the Commission is to rezone this 19.35± acre tract from R-2, MF-24 and C-2 to 0-2. The site is vacant and the majority of the property is heavily wooded. In late 1994, the Planning Commission approved a site plan for a proposed multi-family development which has since been abandoned. No specific development has been proposed for the site at this time. Most of the property in the immediate vicinity is currently undeveloped; although, there are some single family homes located to the southwest. Across Chenal Parkway, to the east, is a large area of 0-2 zoning, a portion of which has been proposed for a new office development. Directly north of this site is the proposed location of the Village at Chenal Planned Commercial Development. The Land Use Plan reinforces the current zoning by recommending multi-family for this site. Should the Commission approve the requested 0-2 rezoning, a Plan amendment will be forwarded to the Board of Directors which supports the requested change. The 0-2 District requires Planning Commission site plan review which assures that each development proposed for this site will have further public review. 0-2 zoning along both sides of this portion of Chenal Parkway will provide a transition into the remainder of the Chenal development which extends northward to Cantrell Road. Although there is some loss of multi-family zoning proposed by this request, there is still vacant, multi-family property in the area. The proposed village at Chenal development also includes some multi-family. Staff believes the proposal to be reasonable and supports the requested 0-2 zoning. 2 August 22, 1995 ITEM NO.: 6 Z-6019 STAFF RECOMMENDATION (Cont.) Staff recommends approval of the 0-2 rezoning request. PLANNING COMM:ISSION ACTION: (AUGUST 22, 1995) Joe White was present representing the application. There were no objectors present. Staff presented the item and a recommendation of approval. Walter Malone, of the Planning Staff, presented the proposed Land Use Plan amendment for the Chenal District. A discussion then followed concerning whether it was necessary to notify property owners of proposed changes to the land use plan. Joe White addressed the Commission. He stated that the multifamily development previously approved on this site fell through and that the current proposal was to be a quality office park development. Mr. White stated that any notification of proposed land use plan amendments would only be confusing and is unnecessary. A motion was made to approve the requested 11 0-2 11 rezoning and an amendment to the Chenal District land use plan which would affect only the property owned by the applicant. The motion was approved by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. 3 DATE��f995 PLANNING COMMISSION VOTE RECORD ( CONSENT -y MEMBER 2 3 A B' ·1 BALL, RAMSEY v V v' y V CHACHERE, DIANE Aa Ag V V v WILLIS, EMMETT l<eSUiNt:D AS Of ::>8-� >J ... qi, ----MCCARTHY.SUZANNE V V' v v V RAHMAN, MIZAN ti' ........ v v y" DANI EL JR., DOYLE ti' y" v v s/" ADCOCK, PAM V y y" v v PUTNAM, BILL V s/ y V v WOODS, RONALD A A V t/" ,/" SELZ,JOE H. V' ....... y"" ,,,,,,... V WALKER BRAD v V v' y v TIME IN AND TIME OUT BALL, RAMSEY IN AT 9:oo CHACHERE, DIANE ttJAT cr:os DJO NOT" var E.. 01 f,( a. ll-JSE NTWILLIS, EMMETT RESlutJEl) --MCCARTHY, SUZANNE tH ATct:oo RAHMAN, MIZAN " DANIEL JR., DOYLE ., ADCOCK, PAM H PUTNAM, BILL .. WOODS, RONALD tlJA1C,: 2:5 SELZ,JOE H. tNAT cr:oo WALKER, BRAD ll VAYE �NAVE �ABSENT J\3 ABSTAIN 4 V • --- ,/' V' • •• V y ,,,.,,,. v- s � '· V V ,/ v -....___ ----r---,.. Ae; v v v' y" v" v v V I," v y"' ,,,.,,. � ,,., ..,, -r---_ ---....,__ Meeting Adjourned / /, '2.3 R.M. August 22, 1995 There being no further business before the Commission, the meeting was adjourned at 11:23 a.m. Date Chai