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HomeMy WebLinkAboutpc_12 13 1988LITTLE ROCK PLANNING COMMISSION MINUTE RECORD DECEMBER 13, 1988 1:00 P.M. I. Roll Call and Finding of a Quorum A quorum was present being ten in number. II. Approval of the minutes of the previous meeting. The minutes of the November 1, 1988 meeting were approved as mailed. III. Members present: Walter Riddick III John Schlereth Connie Whitfield John McDaniel Fred Perkins Bill Rector Kathleen Oleson Stephen Leek Jerilyn Nicholson Martha Miller Members absent: Rose Collins City Attorney: Stephen Giles REZONING HEARING DECEMBER 13, 1988 Distinguished Development Awards Election of Officers DEFERRED ITEMS: A. Z-4807-A Shackleford Farms R-2 and Other Districts to Various Districts B. Z-5092 14800 Cantrell Road R -2 to C-3 C. Z-5096 Kanis Rd. at Cooper Orbit Rd R-2 to MF-18,O-2 & C-2 D. Z-5097 Deltic's North Slope Area Unclassified to MF-6, MF-12, MF-18, O-2, C-2 and C-3 E. Z-5099 Hwy. 10, East of Hwy. 300 Unclassified to O-3 and C-3 F. Northwest Extraterritorial Land Use Plan REZONING ITEMS: 1. Z-3503-A 15601 Cantrell Road AF to C-4 2. Z-4403-A 1500 Aldersgate Road PRD to O-3 3. Z-5079-A John Barrow Road & W. 34th R-3 to C-3 4. Z-5104 3023 Cumberland R-3 to I-2 5. Z-5115 11209 Interstate 30 R-2 to I-2 6. Z-5118 17523 Highway 10 Unclassified to C-2 7. Z-5119 Stagecoach Road & Brodie Lane R -2 to I-2 8. Z-5120 9225 Sibley Hole Road R-2 to I-2 9. Z-5121 Rock Creek Parkway & Old Town Rd. O-3 to C-1 OTHER MATTERS: 10. Z-4704 White Water Tavern Planned Commercial District Revocation December 13, 1988 Item No. A - Z-4807-A Owner: John W. Shackleford Applicant: Mark Spradley Location: Shackleford Farm (north of Kanis Road) Request: Rezone from "R-2" and other districts to various districts Purpose: Mixed uses Size: 172.0 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" and "MF-18" South - Vacant, Church, Single Family & Commercial, Zoned "MF-18," "O-2," "O-3," and "C-3" East - Vacant, Zoned "R-2" West - Vacant and Single Family, Zoned "R-2," "MF-6," "O-2," and "C-3" STAFF ANALYSIS: The issue before the Commission is to rezone 172 acres to several different classifications. The proposed districts and acreage are: "R-3" - 33.79 acres "MF-6" - 42.56 acres "MF-12" - 32.03 acres "MF-18" - 12.59 acres "O-2" - 40.15 acres "C-3" - 10.94 acres Also included in the request is an "OS" area for 19.03 acres. The property was initially zoned as part of the large Deltic rezoning, approved March 1987, and is currently ci ass! fied as "R-2," "R-3," "MF-6," "MF-12, " and "O-2." During the Staff's initial review of the request, a number of issues or concerns were raised. They included: The need to coordinate with other major property owners in the vicinity because of the potential for additional December 13, 1988 Item No. A - Z-4807-A (Continued) large scale rezoning proposals and the overall direction of the area. Potential conflicts with the Master Street Plan. Lack of information about the street layout and types; status of the streets are not identified on the proposed zoning plan. How will the dedication of the necessary right-of-ways for the streets be accomplished. A traffic impact study /analysis needs to be submitted to help address questions about the proposed street system. The status of several parcels that are owned by other individuals who are not part of the application. How the zoning proposal conforms to the Land Use Plan and how it will impact other development plans. Do land use and population projections for the area justify additional multifamily, office and commercial acreage as proposed in the rezoning request. Also, will some of the increases in the densities change the basic development concept. Until these issues are addressed or additional information is submitted, Staff feels that a deferral is appropriate at this time. Staff is of the opinion that making a recommendation now would be premature and done without benefit of all the necessary information. STAFF RECOMMENDATION: Staff recommends that the item be deferred to the December 13, 1988 meeting. PLANNING COMMISSION ACTION: (September 20, 1988) Staff reported that the applicant had agreed to a deferral as recommended by Staff. A motion was made to defer the item to the December 13, 1988 meeting. The motion was approved by a vote of 7 ayes, 0 noes, 3 absent, and 1 open position. December 13, 1988 Item No. A - Z-4807-A (Continued) STAFF UPDATE: Staff has had several meetings with representatives of the owner and it appears that a majority of the issues raised in the analysis have been addressed and a recommendation can be offered at this time. The owner's consultant has provided a study that reviews projected land use and population figures, number of dwelling units and some detailed traffic information including average daily traffic counts. One item that is still being looked into is the annexation of the site but that will take some time because Staff has asked that other property owners be contacted about the possibility of being annexed. The only major unresolved issue has to do with the proposed north /south collector that is shown through the entire site. Staff is opposed to such a long collector and feels it needs to be upgraded to a minor arterial because of the potential traffic flow and the length of the roadway. Another issue is the dedication of any arterials which the City will require as a part of this rezoning action. The owner has indicated that he is not opposed to the dedication requirement for the arterials. Staff endorses the proposed reclassifications as submitted with the exception the following: Denial of "MF-12" in the southeast corner of the site, currently zoned "R-2 ". Denial of "MF-18" along the west side of the property, currently identified as "R-2 /SFD ". Denial of the southern "C-3" tract, currently zoned "MF-12". Denial of the proposed northern "C-3" site, currently zoned "R-2 ". In general, the other rezonings conform to the Land Use Plan or should not have any impact on the surrounding properties. PLANNING COMMISSION ACTION: (December 13 , 1988 ) Staff reported that the applicant submitted a written request for a deferral and Staff supported deferring the issue. A motion was made to defer the item to the January 24, 1989 hearing. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. December 13, 1988 Item No. B - Z -5092 Owner: Cantrell Loop Partnership II Applicant: Tom Cole Location: 14800 Cantrell Road Request: Rezone from "R-2" to "C-3" Purpose: Commercial Size: 1.84 acres Existing Use: Single family SURROUNDING LAND USE AND ZONING: North - Vacant, Zoned "R-2" South - Vacant and commercial, Zoned "R-2" and "C-3" East - Commercial, Zoned "C-3" West - Single family, Zoned "C-3" STAFF ANALYSIS: The request is to rezone 1.8 acres on Highway 10 from "R-2" to "C-3" for future commercial development. The property is currently occupied by two single family residences and is located on the north side of Highway 10 and immediately west of where the eastern end of Taylor Loop Road intersects Highway 10. The site abuts "C-3" zoning on two sides with a small commercial center located to the east. In addition to the "C-3" rezoning, the balance of the area is zoned "R-2." Land use is a mix of single family, commercial and a church with several nonconforming uses. The Highway 10 Plan shows a commercial node at the Highway 10 /Taylor Loop intersection and the property in question falls within the defined commercial area; it is one of the few remaining tracts within the node that has not been rezoned to "C-3." Staff's position is that the "C-3" reclassification conforms to the adopted plan and supports the requested rezoning. There are no other plan issues associated with this application. December 13, 1988 Item No. B - Z-5092 (Continued) ENGINEERING COMMENTS: Dedication of additional right-of-way for Highway 10 will be required for a total right-of-way of 110 feet, or 55 feet from the center line on each side. STAFF RECOMMENDATION: Staff recommends approval of the "C-3" rezoning as requested. PLANNING COMMISSION ACTION: (November 1, 1988) Staff informed the Commission that the item needed to be deferred. A motion was made to defer the request to the December 13, 1988 meeting. The motion was approved by a vote of 9 ayes, 0 noes, 1 absent and 1 abstention (Bill Rector). PLANNING COMMISSION ACTION: (December 13, 1988) The applicant was present. There were no objectors and the item was placed on the consent agenda. A motion was made to recommend approval of the "C-3" rezoning. The motion was approved by a vote of 9 ayes, 0 noes, 1 absent and 1 abstention (Bill Rector). December 13, 1988 Item No. C - Z-5096 Owner: Elgor Properties, Inc. Applicant: John A. Castin Location: Kanis Road at Cooper Orbit Road Request: Rezone from "R-2" to "MF-18," "O-2" and "C-2" Purpose: Multifamily, office and commercial Size: 13.54 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Single family, Zoned "R-2" South - Vacant, Zoned "R-2" East - Vacant and single family, Zoned "R-2" West - Vacant and single family, unclassified PLANNING CONSIDERATIONS: 1. The request is to rezone 13.5 acres for a mix of office, multifamily and commercial uses. The proposed classifications and acreage are: "O-2" - 1.5 acres "C-2" - 2.3 acres "MF-18" - 9.6 acres (Both the "O-2" and "C-2" districts have site area requirements unless the land is a platted lot. "O-2" requires 2 acres and "C-2" has a 5 acre minimum.) The property is located on the south side of Kanis Road and at the point where both Cooper Orbit and Kirby Roads intersect at Kanis Road. Asbury Road along the eastern boundary of the property is just a platted street and is not open. Abutting the site on the west are the City limits which extend to the north and south of Kanis Road. "R-2" is the zoning in the area and single family residential is the predominant land use. To the east on Kanis, there is a nonconforming use, and west on Kanis there is a commercial establishment. A significant portion of the land is still undeveloped. December 13, 1988 Item No. C - Z-5096 (Continued) 2. The site is vacant and wooded. It appears that some of the property has some floodplain involvement. 3. Kanis Road is classified as a minor arterial so dedication of additional right-of-way will probably be required. 4_ There have been no adverse comments received from the reviewing agencies as of this writing. 5. There are no legal issues. 6. Staff has received several informational calls concerning the rezoning requests. There is no documented history on the site. 7. The land in question falls within the scope of the Upper Rock Creek District Plan area and the adopted land use plan shows the property to be in the transition zone. For a two -mile segment of Kanis Road the plan shows both sides of Kanis to be in the transition zone, from about Gamble Road to Baker School. The plan limits the uses in the transition zone to office, office warehouse, and multifamily development and requires a PUD submission for any land use proposal. Also, the plan lists specific development criteria for the transition zone which includes an office floor ration area of 0.2, a density of 10 units per acre, and building setback of 125 feet from the center line of Kanis Road. The plan also identifies the southern portion of the property to be in the floodplain and /or part of a large pond area. The proposed request does not conform to the adopted plan and Staff cannot support the rezonings. Adequate areas for commercial development are shown on the plan and no justification has been provided to establish a new commercial spot zone. The "MF-18" exceeds the density for the transition zone and without a site plan, it is unknown whether other development criteria are being followed. If a real project exists, a PUD needs to be submitted for proper review and a detailed plan should be done for the entire ownership. STAFF RECOMMENDATION: Staff recommends denial of the "MF-18," "O-2" and "C-2" rezonings as requested. December 13, 1988 Item No. C - Z-5096 (Continued) PLANNING COMMISSION ACTION: (November 1, 1988) The applicant, Jack Castin, was present. There were several objectors in attendance. Mr. Castin requested that the item be deferred until the December 13, 1988 meeting. After a brief discussion, a motion was made to defer the issue to the December 13, 1988 meeting. The motion was approved by a vote of 9 ayes, 0 noes, 1 absent and 1 abstention (Bill Rector). AMENDED STAFF RECOMMENDATION: Staff supports the applicant's request that the rezoning be deferred to January 24, 1989 in order to allow time for City staff to study the overall land use plan for the Elgor properties. PLANNING COMMISSION ACTION: (December 13, 1988) Staff informed the Commission of the applicant's request to defer the item. A motion was made to defer the rezoning to the January 24, 1989 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. December 13, 1988 Item No. D - Z-5097 Owner: Deltic Farm and Timber, Inc. Applicant: John A. Castin Location: Deltic's north slope area Request: Rezone from unclassified to "MF-6," "MF-12," "MF-18." "O-2," "C-2" and "C-3." Purpose: Mixed development Size: 204.12 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, unclassified and zoned "O-2" South - Vacant, unclassified East - Vacant and single family, unclassified West - Vacant and single family, unclassified STAFF ANALYSIS: The proposal is to rezone five areas in what is referred to as Deltic's north slope area, lands between Highway 10 and the 2300 acres that were rezoned in 1987. The total acreage involved is 204.12 acres and the requested districts are "MF-6," "MF-12," "MF-18," "O-2," "C-2" and "C-3." The proposed districts and acreage are: "MF-6" - 107.1 acres "MF-12" - 14.1 acres "MF-18" - 11.4 acres "O-2" 13.0 acres "C-2" 31.1 acres "C-3" - 27.4 acres The land in question is beyond the City limits so it is unclassified and the balance will remain unclassified until the City exercises its Extraterritorial zoning authority or the area is annexed. At that time, the land that has not been rezoned for this action will be "R-2." A majority of the area is currently outside the City so it is unclassified. To the east, where the City limits begin, there is some zoning other than "R-2" in place that includes December 13, 1988 Item No. D - Z-5097 (Continued) "O-2," "C-2," "MF-12" and "MF-18" which is part of the Johnson Ranch development. Land use is still somewhat fragmented with single family residential being the primary use. In both directions on Highway 10, there are nonresidential uses with the ones in the City being nonconforming. A large percentage of the land on both sides of Highway 10 is still undeveloped. Staff has carefully reviewed the proposed reclassifications and, generally, support's the overall concept of the request. For the most part, the rezonings conform to the adopted plans for the area and should help achieve a quality development pattern along both Highway 10 and the Chenal Mountain Parkway. The rezoning should have little impact on the existing built -up areas and will assist in providing needed services for the residents in the future. The major roadways that will intersect Highway 10 are shown to be commercial nodes and the proposed commercial rezonings are within the established areas. ENGINEERING COMMENTS: A traffic impact study is needed. Dedication of 120 foot right-of-way for Chenal Parkway and written commitment to dedicate rights-of-way for other arterials, collectors and residential streets at the time of platting. Dedication of additional right-of-way for Highway 10 for a total of 110 feet will be required. The design of the Highway 10 /Chenal Parkway intersection could have an impact on the proposed 19.5 acre "C-3" site. STAFF RECOMMENDATION: Reserved pending review of traffic and other information. December 13, 1988 Item No. D - Z-5097 (Continued) PLANNING COMMISSION ACTION: (November 1, 1988) The first issue that was discussed was Item C, a proposed amendment to the Master Street Plan. Gary Greeson, Planning Director, presented the Staff's recommendation and then addressed the various agreements made between the City and Deltic Farm and Timber. Mr. Greeson reviewed the letters of agreement and discussed all the specifics in detail. A number of individuals spoke about the issue and there was a lengthy discussion. A motion was made to recommend approval of the Master Street Plan Amendment with the exception of the eastern north -south arterial. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. (See Item C for a complete and detailed minute record.) The Planning Commission then discussed the rezoning issue. The applicant, Jack Castin, was present. There were several interested individuals in attendance, including some objectors. Staff then presented the list of recommendations for each of the individual sites. Sites 102 and 103, approval of "MF-6" as requested. Site 105, approval of "C-2" as requested. Site 116, approval of "O-2" with a 40 foot landscape strip along the parkway. Site 117, approval of "MF-6" as requested. Site 119, approval of "MF-12" as requested. Site 120, approval of "C-2" as requested. Sites 121, 122 and 123, approval of "MF-6" as requested. Sites 132 and 133, approval of "MF-6" as requested. Site 134, approval of "O-2" as requested. Site 135, approval of "C-2" as requested. Site 140, denial of "C-2" and approval of "O-2." Site 141, approval of "O-2" as requested. Site 142, denial of "C-3" and approval of "C-2." December 13, 1988 Item No. D Z-5097 (Continued ) Site 143, approval of "MF-18" as requested. Site 144, denial of "C-3" and approval of "C-2." Jack Castin addressed the Commission and said he was surprised with some of the Staff's recommendations. Mr. Castin expressed some concerns with several of the sites, especially No. 140. He went on to discuss other issues and problems with the recommendations. Gene Pfeifer said he has been working with Deltic on the configuration of the Highway 101Chenal Parkway intersection and he was not aware of any specific proposal, especially an elevated ramp. Mr. Pfeifer said he was opposed to Deltic's rezoning because of the proposed design of the new intersection. Jerry Gardner of the City Engineering Staff addressed the proposed intersection and the design program for the future. Mr. Gardner also made some comments about right-of-way requirements and future alignments. Joe White said that he had submitted intersection plans in November of 1987 and received approval from the City. Mr. White gave some history on the issue and said that Mr. Pfeifer had not agreed to anything. Mr. Pfeifer spoke again and said that he doubted that there was a need for an elevated roadway at the Highway 10 and Parkway intersection. Bill Meeks, representing Mrs. Glenn Johnson, addressed the Commission and said that Mrs. Johnson's property was adjacent to Sites #132, 133, 134 and 135. Mr. Meeks described the neighborhood as a quality residential area and said there were problems with the proposed "C-2" rezoning for Site #135 because of being directly west of Mrs. Johnson's residence. Brian Morrison made some comments about the homes in the area and said the land was currently outside the City. Mr. Morrison said he was not opposed to development of the area but questioned the need for zoning the land at this time. He said his lot was adjacent to Sites #121, 122 and 123 and he was opposed to the proposed "MF-6" reclassification. Mr. Morrison asked why "MF-6" was necessary and requested that the "MF-6" rezoning be denied. He ended his presentation by saying that the residents have had no input or discussions with Deltic Farm and Timber. Ed Willis said that a decision should be made on the roads before any action was taken on the rezoning of certain sites. December 13, 1988 Item No. D - Z-5097 (Continued) Jack Castin said that access to Sites #121, 122 and 123 would be from a proposed arterial and asked that the item not be deferred. Mr. Castin said that Deltic wanted "C-2" for Site #140 and Site #144 provided the necessary right-of- way for the Highway 10 /Parkway intersection. Additional comments were made by various individuals and Commissioner David Jones suggested that the request be deferred. There was some discussion about a number of the issues and then a motion was made to recommend approval of Sites #102, 103, 105, 116, 117, 119, 120, 141 and 143 as requested. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. A second motion was made to recommend approval of "MF -6" for Sites #121, 122 and 123 but was withdrawn. A final motion was offered to defer the balance of the sites to the December 13, 1988 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. (At the end of the hearing, Deltic Farm and Timber withdrew their letter of agreement dated November 1, 1988.) AMENDED STAFF RECOMMENDATION: This recommendation covers those sites that were not acted upon by the Commission at the November 1, 1988 meeting. Staff has twice met with the applicant and neighboring property owners to discuss various issues. In addition, a revised design for the intersection of Highway 10 and Chenal Parkway has been prepared and presented to adjacent property owners. To deal with concerns of other property owners, Deltic Farm & Timber Co. has requested that consideration of certain tracts near Glenn Johnson Ranch be deferred to April 4, 1989 and that the "MF -6" area further to the south (Sites No. 121, 122 and 123) be shifted to the other side of the arterial (Site No. 119A). Staff finds the shifted "MF-6" location to be an improvement. In addition, Deltic wishes to have "C-3" uses on Sites No. 142 and 144, and has agreed to the requirement of site plan review and 40 foot landscaped setbacks on Highway 10 and Chenal Parkway, which is acceptable to Staff. Based on the above revisions and further review, the amended Staff recommendation is as follows: Site No. 119A, approval of "MF-6" as requested. December 13, 1988 Item No. D - Z-5097 (Continued) Sites No. 121, 122 and 123, approval of request for withdrawal and substitution of Site No. 119A. Sites No. 132 and 133, approval of deferral to April 4, 1989 as requested, in order to work with other property owners in the immediate area. Site No. 134, approval of deferral to April 4, 1989 as requested, in order to work with other property owners in the immediate area. Site No. 135, approval of deferral to April 4, 1989 as requested, in order to work with other property owners in the immediate area. Site No. 140, approval of "C-2" as requested. Since the commercial land and the neighboring residential land have the same owner, the transition and buffering can be adequately handled. In addition, a proposed church site on Chenal Parkway will aid in the transition from commercial to residential uses. Site No. 142, approval of "C-3" conditioned upon requirement of site plan review by the Planning Commission and provision of a 40 foot landscaped setback adjacent to Highway 10 and the Chenal Parkway. Site No. 144, approval of "C-3" conditioned upon requirement of site plan review by the Planning Commission and provision of a 40 foot landscaped setback adjacent to Highway 10 and the Chenal Parkway. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant was present. There were no objectors and the item was placed on the consent agenda. A motion was made to recommend approval of the following sites: No. 119A "MF-6" as requested. No. 140 "C-2" as requested. No. 142 & 144 Approval of "C-3" conditioned upon the requirement of site plan review and a 40 foot landscape setback adjacent to Highway 10 and the Chenal Parkway. December 13, 1988 Item No. D - Z-5097 (Continued) The deferral of Sites No. 132, 133, 134 and 135 to the April 4, 1989 meeting was also part of the motion. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. (Sites No. 121, 122 and 123 were withdrawn and substituted with Site No. 119A.) DELTIC FARM &TYMBER CO., INC. 200 PEACH STREET EL DORADO, ARKANSAS 71730 November 9, 1988 Mr. Tom Dalton City of Little Rock City Hall 500 West Markham Little Rock, AR 72201 Re: Zoning Petition Dear Tom: Deltic Farm & Timber Co., Inc. agrees to the following to resolve outstanding issues relative to the pending zoning petition for the North Slope area: 1. Deltic agrees to donate the land identified as tract 118 on the zoning petition as an "Overlook Park ". This land will be deeded as soon as legal descriptions are available. 2. Deltic agrees to donate one -half of the acreage identified as tract 109 on the zoning petition for use as a city park. Park facilities (such as ball diamonds or soccer fields requiring lighting for use) shall only be constructed on the northeast one - fourth of tract 109. The City will agree to close this park at 10:00 p.m. each night and to furnish security patrol to control illegal activities on the park grounds. The balance of the acreage in this tract will be purchased by the City of Little Rock for $10,000 per acre. Such purchase will occur concurrently with Deltic's transfer of title to the donated half. The City agrees to allow at least LMF zoning for all Deltic acreage contiguous with tract 109. 3. Deltic will reserve the land for a right-of-way for the Highway 10 /Chenal Parkway interchange as shown on the zoning petition. This right-of-way will be donated when necessary for construction. 7f and when this interchange is put on the master street plan, 'the governing master street plan ordinance shall state that the adjacent properties shall not be responsible for financing the construction of the facility. Mr. Tom Dalton Page 2 November 9, 1988 4. Deltic agrees to dedicate at time of construction rights -of -way for arterials shown on the zoning petition. 5. Additional right -of -way will be provided for those tracts fronting on Arkansas State Highway 10 being zoned under this application. This additional right -of -way shall conform to the present master street plan of the City of Little Rock. DELTIC FARM & TIMBER CO., INC. B. H. Monzingo President C. W. Butler, Jr. Sr. Vice President Accepted and agreed to on this 15th day of November, 1988 on behalf of the City of Little Rock, Arkansas by Tom Dalton, City Manager. CITY OF LITTLE ROCK Tom Dalton City Manager December 13, 1988 Item Noe E - Z -5099 Owner: E. M. Pfeifer, III Applicant: Joe D. White Location: North side of Highway 10 east of Highway 300 Request: Rezone from unclassified to 110-3" and "C -3" Purpose: Office and commercial Size: 31.23 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, unclassified South - Vacant and single family, unclassified East - Vacant and industrial, unclassified West - Vacant and single family, unclassified STAFF ANALYSIS: The proposed rezoning involves approximately 31 acres located on the north side of Highway 10 east of Highway 300 and the request is for 10.2 acres of "O-3" and 21.1 acres of "C-3." The location is outside the City limits so it is unclassified at this time. The property is situated at what will be the future extension of the Chenal Parkway from Highway 10 north to Highway 300. The general vicinity is entirely outside the City limits so there is no zoning in place. The nearest non-residential zoning is approximately one-half mile to the east on the north side of Highway 10, part of the proposed Johnson Ranch development. Land use in the immediate area is primarily single family with some minor commercial uses and a church at the intersection of Highway 10 and Highway 300. Another use is an electrical substation located to the east of the property in question. This request is very similar to the proposed Deltic rezoning which is located directly to the south. Both proposals involve commercial reclassifications along the Highway 10 frontage with an office area to the rear. As with the Deltic request, the land area under consideration falls December 13, 1988 Item No. E - Z-5099 (Continued) within the commercial node shown on both the Highway 10 Plan and the Extraterritorial Plan. Rezoning to a mix of commercial and office uses does not appear to be the primary issue but rather what type of districts are compatible with the future development of the Highway 10 corridor. To be consistent with other proposed changes and existing zoning patterns, Staff recommends a "C-2" reclassification for the 16.4 acre tract. This will mirror the recommended "C-2" tract at the southwest corner of the future intersection of Highway 10 and the Chenal Parkway. For the smaller "C-3" tract, a 40 foot landscaped area along Highway 10 is suggested and Staff supports the "O-3" as requested. ENGINEERING COMMENTS: Because of the proposed design of the new intersection, access to the commercial tracts will need to be reviewed. Ninety feet of right-of-way is required for the new roadway. In the future, additional right-of-way will be required for Highway 10. Zoning action does not recognize the location of the proposed street to the northeast. STAFF RECOMMENDATION: Staff recommends approval of "C-2" for the larger commercial tract, "C-3" with a 40 foot landscaped area along Highway 10 for the 4.7 acre site, and "O-3" for 10.2 acres as requested. PLANNING COMMISSION ACTION: (November 1, 1988) The applicant, Gene Pfeifer, was present and requested that the item be deferred. A motion was made to defer the item to the December 13, 1988 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. AMENDED STAFF RECOMMENDATION: Staff is in the process of ironing out right-of-way details and will report at the meeting. December 13, 1988 Item No. E - Z-5099 (Continued) PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Joe White, was present. There were no objectors and the item was placed on the consent agenda (Mr. White had earlier agreed to amending the request from "C-3" to "C-2" for the 16.4 acre tract). A motion was made to recommend approval of "O-3" as requested, "C-2" as amended (16.4 acres), and "C-3" for the 4.7 acre site with a 40 foot landscape area along Highway 10 and "OS" for the right-of- way reservation and dedication along Highway 10. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. December 13, 1988 Item No. F - Northwest Area Land Use Plan Name: Northwest Extraterritorial Area Land Use Plan Location: Generally north of Kanis /Denny Road to the Arkansas River and west of the city limits to Ferndale STAFF REPORT: At the October 18, 1988 Planning Hearing the proposed land use map was discussed. A copy of the plan was distributed for the Commission to review at that time. This is the first of the land use plans leading to the zoning of the extraterritorial area. This plan generally reflects the Highway 10 and Extraterritorial Plans. Much of the area is currently zoned (Chenal Valley and the 2-Mile, 5-Mile River Zoning Area) or will be zoned with Deltic's north slope proposal. The only area of additional commercial shown on the Plan is on Highway 300 where a collector is to connect. This is an existing condition. If the Commission and Board approve the proposed Land Use Plan, then the Staff will begin the zoning process. All areas will be zoned "R-2" unless the property owner requests a more intense zoning which complies with the plan, and the owner provides a current survey. Areas which do not comply with the plan must follow the normal rezoning process. Two areas are called out for future study. These areas are outside the current zoning area, at the intersection of what are proposed to be major roads, and are likely to be developed eventually at a higher density. These areas are outside the expected fifteen year urbanization area. As the western portion of the county urbanizes, a more accurate determination can be made as to the development of these areas. Notices have been posted and published to publicize the hearing on the proposed Northwest Extraterritorial Land Use Plan. STAFF RECOMMENDATION: Approval. December 13, 1988 Item No. F (Continued) PLANNING_ COMMISSION ACTION: (November 29, 1988) Jim Lawson of the Planning Staff reviewed the plan and a problem area west of Glenn Johnson Ranch Road. He recommended that the area at Highway 10 and the multifamily area to the south of Highway 10 just west of Glenn Johnson Road be deferred to December 13th. A question about the floodway locations was asked, and Mr. Lawson stated he felt they were the approximate locations shown on the floodway maps. Brian Morrison of the Johnson Ranch Homeowners Association stated they met with Deltic representatives but wanted the two areas deferred for now as outlined by Staff. Betty Saugey stated she owned a small business on Highway 300 shown as commercial on the plan and wanted to know if her fee would be waived. Also, would she have to dedicate right-of-way. The answer to both was "yes ". Mrs. McCaleb stated some people who were here earlier did not understand this plan would come up today and asked for a deferral. Mr. Longley stated we need more businesses for more tax revenues and jobs. Further, that we should let everyone work. A motion to defer was made by Stephen Leek (no second). Jack Castin, representing Deltic, was asked if a deferral would impact Deltic. He stated Deltic wanted the plan approved with the agreed to areas deferred. A motion to recommend approval of the plan, subject to deferral of the two designated areas to December 13, was made and seconded. The motion passed by a vote of 7 ayes, 1 no and 3 abstentions. AMENDED STAFF RECOMMENDATION: Staff recommends approval of the shift of the southern multifamily area to the western side of the arterial leading to Glenn Johnson Ranch, in accordance with the agreement worked out between Deltic Timber, neighboring property owners, and the City. Staff recommends that the area around the arterial intersection with Highway 10 be deferred to April 4, 1989 to allow for further study and opportunity to work with property owners in the area. In the meantime, the existing plan for the area, which calls for a commercial node, will remain in effect for that section. December 13, 1988 Item No. F (Continued) PLANNING COMMISSION ACTION: (December 13, 1988) There were several interested persons in attendance but no objectors, and the item was placed on the consent agenda. A motion was made to recommend approval of the land use plan except for the area around the proposed north /south arterial and the Highway 10 intersection (a commercial node) which was recommended for deferral to the April 4, 1989 Planning Commission meeting. The motion passed by a vote of 10 ayes, 0 noes and 1 absent. December 13, 1988 Item No. 1 - Z-3503-A Owner: Stanley M. and Elizabeth D. Gray Applicant: Stanley M. Gray Location: 15601 Cantrell Road Request: Rezone from AF to "C-4" Purpose: Garden center Size: 8.59 acres Existing Use: Garden center SURROUNDING LAND USE AND ZONING: North - Vacant, zoned "R-2" South - Vacant, zoned "R-2" East - Vacant, zoned "R-2" West - Vacant and commercial, zoned "R-2" PLANNING CONSIDERATIONS: 1. The request before the Planning Commission is to rezone an 8.6 acre tract of land on Highway 10 from AF to "C-4." The property is currently occupied by a garden center /plant nursery and the proposal is to allow some repair work and expansion. Also, the owner has indicated that additional outside display is needed. The site is situated approximately one - fourth mile east of Bella Rosa Drive and surrounded by "R-2" zoning. The nearest non-residential zoning is "C-3" and is located at the eastern intersection of Taylor Loop Road with Highway 10. Land use is primarily single family with several nonconforming commercial uses directly to the west. One of the nonconforming uses is a small plant nursery or greenhouse operation and the other is a furniture refinishing business. A high percentage of the land is still vacant, including acreage adjacent on the east, south and west sides. 2. The site has several structures on the front half and the rear portion is undeveloped. There is a creek that bisects the northern one-fourth of the property and along the western side, there is a cemetery. A twenty- five foot sewer easement crosses the southwest corner of the property. December 13, 1988 Item No. 1 - Z-3503-A (Continued) 3. Highway 10 /Cantrell Road is classified as a principal arterial which requires a total right-of-way of 110 feet. Dedication of additional right-of-way will be required if the existing right-of-way does not equal 55 feet from the centerline. 4. Engineering reports that right-of-way dedication for a total of 110 feet is needed on Cantrell Road. The entire site is in the floodplain and there is a 200 foot floodway area running east to west through the middle of the site. 5. There are no legal issues. 6. In 1980, a "C-4" application was filed and after several public hearings the request was amended to AF and approved. After the AF reclassification, a Conditional Use Permit was granted for the plant nursery. (Plant nurseries and greenhouses of a retail /wholesale nature are permitted in the AF District as a conditional use.) During the 1980 hearing process, objectors and supporters were present and a petition opposed to the rezoning was submitted. 7. A "C-4" rezoning for the property in question is contrary to the Highway 10 District Plan and Staff is opposed to the request. The adopted land use plan shows the site to be in an area identified as floodway and floodplain. A commercial node is shown at the eastern intersection of Highway 10 and Taylor Loop with several other nodes located along Highway 10 to the west. Rezoning of the location under consideration to "C-4" will create a spot zone, establish undesirable precedent and have an adverse impact on the general area. It appears that some limited expansion is possible under the previous action, or filing a second Conditional Use Permit is an option. STAFF RECOMMENDATION: Staff recommends denial of the "C-4" rezoning as filed. December 13, 1988 Item No. 1 - Z-3503-A (Continued) PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Stanley Gray, was present. There was one objector in attendance. Gary Greeson, Planning Director, discussed the AF District and allowing the use of a plant nursery by right. Mr. Greeson indicated that a rezoning was not needed but said that some ordinance changes were in order to help clarify the intent of the AF District. Stanley Gray then addressed the Commission and said the nursery has been in operation since 1973. Mr. Gray discussed the first "C-4" request in 1980 and the history behind the existing AF zoning. He went on to say that he proposes to construct a major retail structure for equipment sales and rental. Mr. Gray told the Commission that he would like to have more flexibility with the "C-4" District and that was why he filed the request. Jim Stuckey, an attorney representing Mr. Gray, then spoke. Mr. Stuckey described the property in question and the surrounding area. He talked about the purpose of the AF District and said there were problems with the conditional use permit because of the necessary review of the proposal each time one was filed. Mr. Stuckey said the intent of the AF District was unclear and said it was more of a transitional type of zoning and land use. Mr. Gray spoke about the Highway 10 Association and said the group's purpose was to preserve the natural and historic character of Highway 10. He said the association was made up of 37 active members. Mr. Stuckey addressed the Commission again and said that Mr. Gray did not propose to change the use. He then proceeded to discuss the possibility of granting an easement to the City on the front portion of the property and the area would be left as open space. Mr. Stuckey said that Mr. Gray would like to use the easement area for some display of plant materials and suggested that the easement area could be made a condition of the "C-4" rezoning. Deborah Johns, an objector, spoke in opposition to the rezoning. Ms. Johns said her residence was directly across Highway 10 from the nursery and objected to the uses permitted in the "C-4" District. She said the rezoning would be a spot zoning and went on to describe the area as being primarily residential. She told the Commission that most of the neighbors were opposed to the "C-4" rezoning and there would be traffic problems because of the rezoning. December 13, 1988 Item No.1 - Z-3503-A (Continued) Jerry Gardner, City Engineering staff, discussed the floodplain /floodway issue and said that a study was underway which was scheduled to be completed in the summer of 1989. He said there were no conclusions at this time or did not know any results of the study. Additional comments were offered by Jim Stuckey, Stanley Gray and Jim Lawson of the Planning Staff. Mr. Gray discussed other uses in the area. Mr. Lawson presented some additional history on the previous AF rezoning. Mr. Stuckey said that Mr. Gray was interested in the use to be permitted by right and not a conditional use as in the AF District. There was a long discussion about various issues and Mr. Gray requested a vote on the "C-4" rezoning. A motion was made to recommend approval of the "C-4" request with the OS easement along the front property line. The vote was 0 ayes, 10 noes and 1 absent. The motion failed and the rezoning was denied. December 13, 1988 Item No. 2 - Z-4403-A Owner: A. J. Saucier Applicant: John P. McKay Location: 1500 Aldersgate Road Request: Rezone from PRD to "O-3" Purpose: Office Size: 0.8 acres Existing Use: Office SURROUNDING LAND USE AND ZONING: North - Single family, zoned PRD South - Vacant, zoned PRD East - Vacant, zoned "MF-18" West - Interstate right -of -way, zoned "O-3" STAFF ANALYSIS: The request is to rezone a small parcel adjacent to I-430 from PRD to "0-3" for an office use. The property is located on the east side of I-430 and approximately 1200 feet south of Kanis Road. Currently, there is a single family residence on the site that is being utilized for office space. Zoning in the area is made up of "R-3," "MF-18," "O-2," "O-3," and PRD. The existing land use pattern is primarily single family with a large amount of vacant land. To the north, there is a nonconforming business, and on the west side of I-430, there is an office building. Other significant land uses in the general vicinity include Aldersgate Camp to the south, and the Baptist Hospital campus to the northeast. The existing PRD was approved in 1985 for a total of 350 units on 17.3 acres, or a density of 20 units per acre. The property in question was rezoned from "O-3" to PRD at that time so the proposed rezoning will re-establish the previous land use classification. None of the proposed units were ever constructed and the balance of the PRD is undeveloped. December 13, 1988 Item No. 2 - Z-4403-A (Continued) The I-430 Land Use Plan shows the land directly adjacent to the interstate as suburban office, so the "O-3" reclassification conforms to the adopted plan. Staff feels the request is a reasonable option for the property and endorses the "O-3" rezoning. (As part of the rezoning action, the PRD will need to be revoked by the Board of Directors. A resolution recommending revocation of the existing PRD will be presented to the Planning Commission at the Public Hearing.) ENGINEERING COMMENTS: Possible drainage and erosion issues exist. Aldersgate Road is classified as a collector, so dedication of additional right-of-way will be required. STAFF REECOMMENDATION: Staff recommends that the PRD be revoked and approval of the requested "O-3" rezoning. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant was present. There were no objectors and the item was placed on the consent agenda. A motion was made to recommend approval of the "O-3" rezoning as filed. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. (The Planning Commission also endorsed a resolution recommending revocation of the existing PRD.) December 13, 1988 Item No. 3 - Z-5079-A Owner: Van Melson Applicant: Van Melson Location: John Barrow Road and West 34th Street Request: Rezone from "R-3" to "C-3" Purpose: Commercial Size: 0.41 acres Existing Use: Vacant and residential SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-3" South - Vacant, zoned "C-3" East - Single family, zoned "R-3" West - Vacant and church, zoned "R-3" PLANNING CONSIDERATIONS: 1. The request is to rezone three lots at the southeast corner of John Barrow Road and West 34th Street from "R-3" to "C-3" for a future commercial development. The property abuts "C-3" on the south and "R-3" on the east with "R -3" across both West 34th and John Barrow Road. Other zoning found in the general area is "R-3," "C-1" and "C-3." The existing "C-3" at West 36th Street and John Barrow Road has been zoned since 1965 and there is only one commercial use at the southeast corner of John Barrow Road and West 36th Street. The other lots within the large "C-3" area are either vacant or occupied by single family residences. The commercial zoning at West 33rd and John Barrow Road has also been in place for a number of years. The one-half block of "C-3" between West 32nd and West 33rd has several commercial uses on it as does the "C-1" at the southwest corner of West 33rd and John Barrow Road. The existing "C-1" at the southeast corner of John Barrow Road and West 33rd is a single family residence and vacant lot. Land use on the other blocks is primarily single family with a number of vacant parcels. 2. The site is two vacant lots with a single family residence on the third lot. December 13, 1988 Item No. 3 - Z-5079-A (Continued) 3. There are no Master Street Plan issues or right-of-way requirements associated with this request. 4. Engineering reports that West 34th Street will need street improvements and possible dedication of right- of-way. 5. There are no legal issues. 6. In November of this year, a "C-3" request was filed for the same piece of property. The applicant was not present at the hearing and, after some discussion, the Planning Commission voted to withdraw the item from consideration without prejudice. An adjacent property owner was in attendance and suggested that the entire block should be rezoned to a commercial reclassification. Staff recommended denial of the first "C-3" rezoning request. 7. Because of the large "C-3" area concentrated at the intersection of West 36th and John Barrow Road, of which a majority is still vacant, Staff has not endorsed adding to the inventory of commercial land between West 32nd and West 34th Streets over the years. Nothing has changed since the last application and Staff's position still remains the same and opposes the current "C-3" request at West 34th and John Barrow Road. There is adequate acreage available for a commercial development and the need for additional "C-3" land does not exist at this time. Other reasons for the Staff's negative recommendation are: The rezoning is contrary to the Boyle Park District Plan which identifies the site for multifamily use; The approval of "C-3" would lead to a strip zoning pattern from West 32nd to the south of West 36th Street; The "C-3" reclassification could have an adverse impact on nearby residential uses. The adopted land use plan for the Boyle Park District shows commercial nodes at the intersections of West 33rd and West 36th Streets with John Barrow and December 13, 1988 Item No. 3 - Z-5079-A (Continued) multifamily uses between the two nodes to avoid a stripping out of John Barrow Road. STAFF RECOMMENDATION: Staff recommends denial of the "C-3" rezoning request. PLANNING COMMISSION ACTI.ON: (December 13, 1988) The applicant was represented by John Burnett. There were no objectors in attendance. Mr. Burnett spoke and presented a map showing the existing commercial zoning in the area. He made some comments about West 34th Street and said John Barrow Road was an arterial with a high traffic count. Mr. Burnett said that the amount of vacant commercial land should not have a bearing on the request and compared Barrow Road to parts of Asher, Baseline, Chicot and West 12th Streets. He said that Barrow Road was no longer viable for residential development because of its being a four -lane roadway. There was a discussion about the existing zoning and other issues. Jerry Gardner, City Engineering Staff, discussed right-of-way and the need for street improvements. Mr. Burnett said there was no specific use at this time and made several other comments. A property owner in the vicinity asked some questions about the future of the area. A motion was made to recommend approval of the "C-3" request as filed. The motion passed by a vote of 7 ayes, 3 noes and 1 absent. December 13, 1988 Item No. 4 - Z-5104 Owner: Lequetia Overton Applicant: Ryder Truck Rental by H. G. Sisco Location: 3023 Cumberland Request: Rezone from "R-3" to "I-2" Purpose: Truck facility Size: 0.34 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Residential, zoned "R-3" South - Industrial, zoned "I-2" East - Industrial, zoned "I-2" West - Vacant and single family, zoned "R-3" STAFF ANALYSIS: The issue is to rezone a 100' x 150' parcel of land located at the southern end of Cumberland Street from "R-3" to "I -2." Ryder Truck Rental is adjacent to the site and they are in the process of acquiring the property to be utilized for some of their operation. The proposed uses include washing, fueling, maintenance and storage. The lot is vacant except at the time of the field inspection there were several autos parked on it. The property abuts "I-2" zoning on two sides and there are large areas of industrial zoning to the northeast and southwest. Other zoning in the general area includes "R-3," "R-4," "C-1" and "C-3." Land use is single family, multifamily, a large daycare center and several industrial operations. Throughout the neighborhood, there are vacant lots and some of the industrial land is undeveloped. The Central City District Plan identifies the site under consideration for industrial use so the requested "I-2" reclassification conforms to the plan. Adding such a small parcel to the industrial zoning should not have an affect on the immediate vicinity and Staff supports the rezoning. The "I-2" district requires screening and some buffing so that should help minimize any potential impacts from the reclassification. December 13, 1988 Item No. 4 - Z-5104 (Continued) ENGINEERING COMMENTS: Some of the property is located in the 100 Year Floodplain. Street improvements and right-of-way dedication for Cumberland will be required. Based on the survey, an additional 8 feet will be needed for a total right-of- way of 50 feet. STAFF RECOMMENDATION: Staff recommends approval of the "I-2" rezoning as requested. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant was present. There were no objectors and the request was placed on the consent agenda. A motion was made to recommend approval of the "I-2" rezoning. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. (At the end of the hearing, Willie Mae Paxton, a property owner, asked some questions and indicated her support for the rezoning.) December 13, 1988 Item No. 5 - Z-511 5 Owner: Ed CuIin Applicant: Ed CuIin Location: 11209 I-30 Request: Rezone from "R-2" to "I-2" Purpose: Paint and body shop Size: 1.46 acres Existing Use: Paint and body shop (nonconforming) SURROUNDING LAND USE AND ZONING: North - Interstate right -of -way, zoned "R-2" South - Single family, zoned "R-2" East - Industrial, zoned "R-2" West - Commercial, zoned "R-2" STAFF ANALYSIS: The current use, a paint and body shop, is nonconforming and the request is to reclassify the property from "R-2" to "I-2." The rezoning action will do away with the site's nonconforming status and allow for future expansion or a more intensive industrial use. There are several structures on the land at this time, one large metal building and two smaller ones, that are being utilized for the current use. Land use in the area is a mix of residential, commercial and industrial with the property abutting an industrial use on the east. The properties with frontage along the interstate are all nonresidential and the single family area is located to the south on Meadow Lane. Some of the commercial and industrial uses are nonconforming. There are some vacant tracts to the east and across I-30. Zoning in the immediate vicinity is either "R-2" or "I-2" with "R-2" surrounding the site. The property is within the Otter Creek District Plan area and the adopted land use plan identifies the location for an industrial use. The "I-2" reclassification conforms to the plan's direction and the rezoning should not have any impact on other properties in the general area. December 13, 1988 Item. No. 5 - Z-5115 (Continued) ENGINEERING COMMENTS: None reported as of this writing. STAFF RECOMMENDATION: Staff recommends approval of the "I-2" rezoning request as filed. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant was present. There were no objectors and the item was placed on the consent agenda. A motion was made to recommend approval of the "I-2" request as filed. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. December 13, 1988 Item No. 6 - Z-5118 Owner: Fayrene W. Johnson Applicant: Fayrene W. Johnson Location: 17523 Highway 10 Request: Rezone from unclassified to "C-2" Purpose: Commercial development Size: 3.3 acres Existing Use: Single family SURROUNDING LAND USE AND ZONING: North - Vacant, zoned "O-2" South - Vacant, unclassified East - Vacant, unclassified West - Vacant, unclassified PLANNING CONSIDERATIONS: 1. The request is to rezone 3.3 acres on Highway 10 from unclassified to "C-2" for an unspecified commercial use. The site is located west of Johnson Ranch Road and south of the proposed Johnson Ranch mixed use development. Land use in the immediate area is restricted to single family residences on large tracts with the majority of the land still vacant. Only the north side of Highway 10 is in the City limits and the existing zoning includes "MF-12," "MF-18," "O-2" and "C-2." The balance of the area is unclassified at this time because of being outside the City limits. The "O- 2" and "C-2" areas to the north have been zoned for several years but still remain undeveloped. The most recent zoning activity in the area involves the parcel directly to the west, part of the current Deltic proposal, and the request is to "C-2" but the issue has not been acted on by the Planning Commission. 2. The site is occupied by a single family residence. 3. Highway 10 is classified as a principal arterial on the Master Street Plan which requires a right-of-way of 110 feet. December 13, 1988 Item No. 6 - Z-5118 (Continued) 4. Engineering has indicated that dedication of additional right-of-way will be required for Highway 10 to equal 55 feet from the center line. 5. There are no legal issues. 6. There is no documented history or neighborhood position on the site. 7. On the adopted Highway 10 Plan, a portion of the property is identified as part of a commercial node which includes the Deltic property to the west and land across Highway 10. The plan does not show the southeast one-half of the site to be part of the node but Staff feels that rezoning the entire tract is appropriate and supports the request. Rezoning the additional area that is not identified on the plan is an expansion of a node and should not have an impact on the area. Staff does suggest that the node expansion be limited to the 3.3 acres and establish the eastern boundary of the property in question as the commercial line. STAFF RECOMMENDATION: Staff recommends approval of the "C-2" rezoning request as filed. PLANNING COMMISSION ACTION: (December 13, 1988) Staff reported to the Commission that the applicant had submitted a letter requesting that the item be deferred to April 4, 1989. A motion was made to defer the rezoning to the April 4, 1989 meeting. The motion was approved by a vote of 10 ayes, 0 noes and 1 absent. December 13, 1988 Item No. 7 - Z-5119 Owner: Estate of C. E. McIntosh Applicant: Max McIntosh Location: Stagecoach Road and Brodie Lane Request: Rezone from "R-2" to "I-2" Purpose: Commercial or industrial Size: 2.21 acres Existing Use: Auto repair SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-2" South - Single family, zoned "R-2" East - Single family and commercial, zoned "R-2" West - Single family and industrial, zoned "R-2" STAFF ANALYSIS: The property under consideration is located on Stagecoach Road at Brodie Lane and the request is to rezone the site from "R-2" to "I-2." The tract of land is 2.2 acres in size and has one large structure on it. At the time of the field investigation, the building appeared to be vacant but the rezoning application does list auto repair as the present use. Zoning in the general vicinity is all "R-2." Land use is a mixed pattern and includes single family, commercial, industrial and a public school. The most significant non- residential use is a block manufacturing plant that abuts the site under consideration at the northwest corner. Other uses in close proximity to the property are single family residences and a commercial building across Brodie Lane to the east. All of the commercial and industrial uses are nonconforming and some of the land is still vacant. The adopted 65th Street West District Plan shows the property and the block plant as industrial so the "I-2" request conforms to the plan. Because of the established nonresidential uses in the neighborhood, the requested "I-2" reclassification should only have a minimal impact on the area and Staff supports the rezoning. December 13, 1988 Item No. 7 - Z-5119 (Continued ENGINEERING COMMENTS: Stagecoach Road is classified as a principal arterial which requires a total right-of-way of 110 feet or 55 feet from the center line. Additional dedication will be required because the survey reflects an existing right-of-way of 40 feet from the center line. The section of Brodie Lane that abuts the property is considered a commercial street which requires a 60 foot right-of-way or 30 feet from the center line. STAFF RECOMMENDATION: Staff recommends approval of the "I-2" rezoning as filed. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Jim Harris, was present. There were five objectors in attendance. Mr. Harris said he was representing the Estate of C. E. McIntosh and discussed the Staff report. He went on to present some background on the property and said that the 2.2 acres was originally occupied by a construction company and the block plant was located on the 5.25 acre tract. Mr. Harris reminded the Commission that the adopted Land Use Plan identified the land for industrial use and that was why an "I-2" request was filed. He said that the property had been leased for awhile but it was currently unoccupied and there was no specific use or a buyer. Mr. Harris said he was unaware of any opposition. Gary Woods, an objector, said the entire neighborhood was opposed to the rezoning. He discussed the area which he described as a viable residential neighborhood with some significant residential structures. Dr. Woods said the block plant was not very visible and made some additional comments. Hank Porter, a resident directly across Stagecoach Road, also objected to the rezoning. Mr. Porter said the property has been vacant since June and then described the Stagecoach Road /Brodie Lane area. Mr. Harris discussed the right-of-way dedication issue and said the proposed rezoning conforms to the adopted land use plan. He went on to say that "I-2" was appropriate because of the plan and said the existing structure was built to accommodate an industrial use. December 13, 1988 Item No. 7 - Z-5119 (Continued) Additional comments were offered by various individuals and there was some discussion about the plan. Commissioner John McDaniel said the area was mostly residential and there was a need to protect the Stagecoach Road frontage. There were some more comments, and then a motion was made to defer the item to the January 24, 1989 meeting. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. December 13, 1988 Item No. 8 - Z-5120 Owner: Good Old Days Foods, Inc. Applicant: Samuel L. Davis Location: 9225 Sibley Hole Road Request: Rezone from "R-2" to "I-2" Purpose: Industrial Size: 12.63 acres Existing Use: Industrial and vacant SURROUNDING LAND USE AND ZONING: North - Single family, zoned "R-2" South - Vacant, zoned "R-2" East - Commercial, zoned "R-2" West - Vacant and cemetery, zoned "R-2" PLANNING CONSIDERATIONS: 1. The property is currently occupied by a nonconforming use and the proposal is to make a 46' x 60' office addition on the west side of the existing structure. Because of the site's status, and the Zoning Ordinance's prohibition against expanding a nonconforming use, a rezoning must first be approved before the new construction can be initiated. To remove the property's nonconformity and allow the expansion, an "R-2" to "I-2" change has been requested. (At the time of filing the application, "I-2" was selected because the use was described as warehousing and distribution. Since then, additional information has mentioned the baking of pies as the principal use of the property.) The site under consideration is located on Sibley Hole Road north of I-30 and east of I-430. Land use in the area includes single family, a vacant commercial building, a cemetery and a camper sales lot. All the area is zoned "R-2" including the non- residential uses and the vacant land. 2. The entire site is 12.6 acres with the existing use on the western 2.3 acres and the balance of the property undeveloped. 3. Sibley Hole Road is identified as a residential street on the Master Street Plan. December 13, 1988 Item No. 8 - Z-5120 (Continued) 4. Engineering reports that a right-of-way of 30 feet from the center line of Sibley Hole Road is needed because of the non-residential use. It appears that some additional dedication will be required to meet the standard. 5. There are no legal issues. 6. Staff has received one informational call about the request. There is no documented history on the site. 7. The property in question falls within the Otter Creek Planning District and the adopted land use plan identifies the general area for mixed office and commercial development. (The plan also states that PCD's are encouraged for proposed land use changes.) Staff's position is that the requested "I-2" reclassification does not conform to the plan and Staff cannot support the proposed rezoning change. There is an ample supply of industrially zoned land within the general area and the plan provides for reasonable industrial growth in the future. At this time, there is no reason to start establishing a new industrial pocket by approving the requested industrial change. Staff believes that a "C-4" rezoning is more in keeping with the plan's intent, and it is possible that "C-4" is the appropriate zoning district for the existing use. STAFF RECOMMENDATION: Staff recommends "C-4" for the entire site and not "I-2" as requested. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Sam Davis, was present. There were no objectors. Mr. Davis said the company prepared frozen fruit cobblers with no baking and prebaked biscuits that involved some baking on site. He said this was a wholesale operation with no retail sales. Mr. Davis indicated that the rezoning was filed because of the owner's desire to add some office space and the zoning ordinance prohibited expanding a nonconforming use. He went on to say that the owner had no problems with "C-4" if it will permit the expansion. Mr. Davis then gave a breakdown of the space utilization with the majority being used for storage and distribution. December 13, 1988 Item No. 8 - Z-5120 Continued) After some additional comments, Mr. Davis amended the request to "I-2" for the western 2.3 acres and "C-4" for the balance of the property. A motion was made to recommend approval of the "C-4" and "I-2" as amended. The motion passed by a vote of 8 ayes, 0 noes and 3 absent. December 13, 1988 Item No. 9 - Z-5121 Owner: Parkway Properties Limited I Applicant: Maury Mitchell Location: Rock Creek Parkway at Old Town Road Request: Rezone from "O-3" to "C-1" Purpose: Commercial Size: 0.78 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant, zoned "R-2" South - Vacant, zoned "O-3" East - Vacant, zoned "C-3" West - Vacant, zoned "O-3" PLANNING CONSIDERATIONS: 1. The request is to rezone a small tract of land on the Rock Creek Parkway from "O-3" to "C-1" for a paint and wallpaper store. The site is part of the West Markham Parkway Addition which has a total of 5 lots ranging between one -half acre to one acre in size; only one of the lots has been final platted. Two of the proposed lots have frontage on the Parkway and the remaining three front West Markham Street. Old Town Road has been constructed and is open to through traffic. A high percentage of the land in the immediate vicinity is vacant, including the large "C-3" parcel adjacent on the east and the "O-3" area to the west. Other zoning found in the area is "R-2" and "MF-18." Land use is a mix of single family residences, multifamily units, several churches, an office building and a carwash. The property abuts vacant land on two sides and the area across Old Town Road is undeveloped. 2. The site is relatively flat and vacant. 3. There are no Master Street Plan issues but additional right-of-way dedication for Rock Creek Parkway will be needed. December 13, 1988 Item No. 9 - Z-5121 (Continued) 4. Engineering reports that Rock Creek Parkway needs a right -of -way of 30 feet from the center line of the southern portion of the roadway so right-of-way dedication will be required. 5. There are no legal issues. 6. There is no documented neighborhood position on the site. The property was rezoned a number of years ago as part of the original Rock Creek Zoning Plan. 7. The adopted Upper Rock Creek District Plan identifies the site in question for office use with the commercial areas to the east (the existing "C-3 ") and west of Parkway Place Drive. Staff's position is that there no justification for changing the direction of the plan at this time and the office designation should be maintained. There is a sufficient amount of land available for commercial development in the area and until other commercial tracts are utilized, there is no reason to add to the existing supply of commercial land. The rezoning of the site under consideration could establish a precedent for small-lot commercial zoning along Parkway which would be undesirable and detrimental to the Parkway environment. Other concerns include questionable access for a commercial use and the potential for a strip zoning pattern for several miles on the Rock Creek Parkway. STAFF RECOMMENDATION: Staff recommends denial of the requested "C-1" rezoning. PLANNING COMMISSION ACTION: (December 13, 1988) The applicant, Maury Mitchell, was present. There were no objectors. Mr. Mitchell said there would be no access to the Rock Creek Parkway and proceeded to discuss the existing zoning in the area. He said "C-1" was a reasonable zoning for the property and the proposed use, a paint and wallpaper store, would not generate a high traffic flow. Mr. Mitchell told the Commission that access would be only from Old Town Road. Jim Griffith, the buyer of the lot, addressed the Commission. Mr. Griffith said the building would be approximately 5,000 square feet in size and be used for December 13, 1988 Item No. 9 - Z-5121 (Continued) storage and retail sales. He told the Commission that shopping center locations did not work for Glidden Paint, the proposed user, and that there was a lack of small commercial sites and lots in the area. Mr. Griffith concluded by saying there were no problems with the access and there was a definite use for the property. After some additional comments, a motion was made to recommend approval of the "C-1" rezoning as filed. The motion passed by a vote of 7 ayes, 1 no and 3 absent. December 13, 1988 Item No. 10 - Other Matters - Planned Commercial District Revocation NAME: White Water Tavern Short-form Planned Commercial (Z-4704) LOCATION: West 7th Street at Thayer Street REQUEST: The Planning Staff requests consideration by the Planning Commission of holding a public hearing for purposes of revocation of the White Water Tavern PCD. STAFF REPORT: This matter is presented to the Planning Commission as a follow up to an extension of time granted by the Planning Commission for this Planned Commercial District. The owner of this project, Mr. Paul Davenport, and his partner, Mr. Garrison, received permission approximately one year ago for extension of his installation of improvements. Staff was instructed to monitor the installation of the required improvements for parking, screening and landscaping. The monitoring of the project has resulted in a report by Kenny Scott of Environmental Codes which states that the project is deficient. Mr. Scott provided in writing an instruction to Mr. Davenport to appear at the December 13 Planning Commission meeting and show cause why a revocation hearing should not be held. PLANNING COMMISSION ACTION: (December 13, 1988) Richard Wood of the Planning Staff presented the report of Mr. Scott and additional comment on the failure of the White Water Tavern to perform as directed by the Planning Commission. The Staff suggested that this hearing would provide direction from the Planning Commission as to the appropriateness of holding a public hearing for purposes of revoking the existing PCD on this property and restoring the nonconforming status and residential zoning classification. The chairman then requested that Mr. Garrison make his arguments in this matter and provide reasons why the project has not been brought to completion and in conformance with the approval. December 13, 1988 Item No. 10 (Continued) Mr. Garrison, in a brief comment to the Commission, stated that the primary reason that they had not produced the required improvements was monetary in nature, primarily their failure to gain loans for purchase of the property upon which the parking and landscaping improvements would be located. Mr. Garrison pointed out that certain of the improvements such as landscaping and screening had been completed on the principal building site. He further stated that should the Planning Commission rescind approval of the PCD, he would provide the appropriate removal of the elements of the building involved and return to business as it was previously operated. The chairman then identified an objector present, being Mrs. Dorothy Pilachowski. Mrs. Pilachowski identified herself as being a representative of the Woodruff School Community Development Block Grant Committee. Mrs. Pilachowski offered comments on the history of this commercial development and the involvement of the CDBG Committee. She expressed concerns about the continuance of this commercial development without compliance with the requirements of approval. She stated that the Committee would accept a reduction of the zoning to its former classification and the restoration of the nonconforming status if the appropriate steps to do so are taken. Mrs. Pilachowski answered questions of the Commission. Mr. Garrison was questioned briefly by the Commission. After extended discussion by the Commission and others in attendance, a motion was offered to call for a public hearing of the Planning Commission on this matter to be set for January 24, 1989, the purpose of that public hearing to be consideration of revocation of the PCD. The Staff instructions included legal advertisement of the proposal and provision of a report from the Environmental Codes Section of Public Works wherein a detailing of the deficiencies and new structural violations will be offered. The motion passed by a vote of 8 ayes, 0 nays, 1 absent and 2 abstentions (Rector and Riddick). DATE ;rd:J It! P L A N N I N G C O M M I S S I O N V O T E R E C O R D ITEM NUMBERS -ZONHlG -SUBDIVISION MEMBER ff /3 e D I: F "/d-. 3 't-5 i '2 f W.Riddick, III v V " 'µ v J/ 0 V 0 V V V v.V J.Schlereth v t/ t/ l/ V V 0 v V // V v J/ v �. McDaniel ✓I/ v I/ // v' 0 v V V t./ V J/ v . i). V /1 M.Miller 1/ V t/ t/ v v 0 V V t/ v J·. Nicholson v' ✓ v V V v 0 v' l/ V v V i/ t/ w.Rector v V V }/ (Ip {/ 0 v }/ l,v V // I} f1 S._Leek v iy //' /,/ V I/ 0 V 0 I/ // y v v C.Whitfield V V V V I/ J/ 0 V -//V V l/ v V K.Oleson // // V V V V 0 ✓ ()V: V ✓V i/ � R.Collins fl. ,4 II f} 11 fl A fl fl fl 11 l} f}fl F.Perk.ins V v V t,,, V V 0 v I/ I/ V V i/ ,/ ✓AYE � NAYE A ADSENT �ABSTf\IN / Cf /0 I L,; JJ/3 £,,) v I/ v II v i,...) .v A J13 V V v V. 0 ;/ fl. fl .. V 1,,/ .� c� ?_o,._,_, c� wcw� � Jt,.,.., �h:-..·W41�Mco�� I December 13, 1988 There being no further business before the Commission, the hearing was adjourned at 3:35 p.m. PASSED: Secretary Chairman