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HomeMy WebLinkAboutminutesOctober 14, 1999 ITEM NO.: 6 FILE NO.: LU99-15-03 Name: Land Use Plan Amendment - Geyer Springs West Planning District Location: 8806 Mabelvale Pike Request: Single Family to Light Industrial and Park/Open Space. Source: E. G. Fendley, Delta - Coleman Inc. PROPOSAL / REQUEST: Land Use Plan amendment in the Geyer Springs West Planning District from Single -Family to Light Industrial. Light Industrial provides for light warehouse, distribution or storage uses, and/or other industrial uses that area developed in a well-designed "park like" setting. Park/Open Space includes all parks, recreation facilities, greenbelts, flood plains, and other open space and recreational land. The applicant wishes to develop the property for industrial uses. Prompted by this Land Use Amendment request, the Planning Staff expanded the area of review north to include previously zoned I-2 land and the Fourche Creek floodway. EXISTING LAND USE AND ZONING: The original application is a vacant wooded tract of land currently zoned R-2 Single Family and is approximately 19.54± acres in size. The zoning of the expanded area is R- 2, R -7A Mobile Home and I-2 Light Industrial. The undeveloped property to the north and west of the expanded area is zoned R-2. The Arkansas State Highway Department headquarters occupies the property to the south in an R-2 zone. The partially developed property to the east of the area is zoned I-2 and is currently developed as such. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The proposed amendment area is shown as Single Family on the Land Use Plan. Park/Open Space is shown on the north side. A Public Institutional area is shown recognizing the Arkansas State Highway Department headquarters, which lies south of the proposed amendment. A Light Industrial area is October 14, 1999 ITEM NO.: 6 (Cont. FILE NO.: LU99-15-03 shown to the east while a Commercial area is shown to the south and east. Single Family areas lie to the west of the proposed amendment. On June 15, 1999, A change was made from Single Family to Suburban Office and Service Trades District on Baseline Road immediately west of the Arkansas State Highway Department headquarters about a half -mile southwest of the applicant's property. On December 6, 1994, a change was made from Park Open Space to Commercial at Baseline and I-30 about a half -mile southeast of the applicant's property. MASTER STREET PLAN: Mabelvale Pike is shown as a collector street on the plan. As part of the I-30 widening and one way access road conversion, new overpasses are proposed for Mabelvale Pike and Baseline Road to cross I-30. PARKS: The Master Parks Plan does not show any existing or proposed parks for this area. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: There is no recognized neighborhood action plan for this area. ANALYSIS: The proposed amendment lies in a wooded area south of the Fourche Creek. The current plans for improvements to I-30 will involve the construction of two new overpasses/underpasses for I-30 at Baseline Road and Mabelvale Pike. The changes for Baseline Road and Mabelvale Pike at I-30 may increase access to the area. In addition, the recent land use plan amendment on Baseline Road next to the Arkansas State Highway Department headquarters will intensify land uses in the area. The proposed amendment was not expanded further west in order to not preclude the possibility of residential development expanding north from an existing neighborhood towards Fourche Creek. The proposed amendment would also recognize the I-2 zoning to the north of the applicant's property. 2 October 14, 1999 ITEM NO.: 6 (Cont. NEIGHBORHOOD COMMENTS: FILE NO.: LU99-15-03 Notices were sent to the following neighborhood associations: Yorkwood N.A., Pinedale N.A., Santa Monica, N. A., Allendale N.A., Town and Country Estates N.A., Shiloh Homeowners, Chicot N.A., Rob Roy Way N.A., legion Hut N.A., Mavis Circle N.A., and Deer Meadow N.A. Staff has received four comments from area residents: two from property owners in the expanded area that is not in support of the change, another resident that was not in support and one that was neutral. STAFF RECOMMENDATIONS: Staff believes the proposed amendment is appropriate. A change to Light Industrial coupled with the expansion of Park/Open Space would more accurately reflect the floodway along Fourche Creek and existing zoning in the area. PLANNING COMMISSION ACTION: (OCTOBER 14, 1999) Brian Minyard, of Staff, presented the item to the commission. Commissioner Obray Nunnley asked for a list of uses permitted uses in Light Industrial. Mr. Minyard stated that I-1 and I-2 zones were permitted in Light Industrial. Mr. Nunnley asked for and received a written list for I-1 and I- 2 uses. Walter Malone, of Staff, reminded that even if the item is approved, a rezoning would have to follow. A zoning change could be denied. The commission could require a PUD for the site. The property will still be zoned R-2 Single Family regardless of the outcome of this case. Commissioner Bill Putnam asked if the boundary followed the floodway. Mr. Minyard stated that the boundary was based on FEMA floodway and explained the difference between the floodway and the floodplain. Commissioner Craig Berry asked why the expanded area was not being changed to PK/OS. Mr. Minyard stated that the boundary was based on the floodway and not the floodplain. 3 October 14, 1999 ITEM NO.: 6 (Cont. FILE NO.: LU99-15-03 Mr. Terrance Dolan, the applicant, presented his case to the commission. Mr. Dolan stated that he was interested only in land use changes concerning the property owned by Delta - Coleman. The neighboring Arkansas Highway Department did not oppose proposed changes. The property is good for Light Industrial and accessible by Interstate 30. Mr. Harold Wesson spoke in opposition to the application. Mr. Wesson stated that he brought documentation to demonstrate why the application should be denied. He claimed that the owners of the property were not good neighbors and violated codes. Mr. Wesson is opposed to the road on the property. A discussion started about where Mr. Wesson lived in relation to the applicant's property. Mr. Wesson stated that the only notice he received was the supplemental notice. Mr. Wesson stated that he was opposed to some of the potential uses for the property permitted in a Light Industrial area zoned either I-1 or I-2 industrial. He also stated that Fourche Creek threatened to flood the property in question. Mr. Wesson's property value suffered due to the neighboring industrial uses. Mr. William Tully spoke in opposition to the application. Mr. Tully stated that he lived at 8804 Mabelvale Pike, adjacent to the applicant's property. Mr. Tully spoke about the past desirable characteristics of the area. The speaker then added that in 1990 a company started hauling away topsoil and the character of the area began to suffer. Mr. Tully was opposed to any more changes that would cause the environment and property values in the area to suffer. Mr. Tully wants the temporary road to be moved. Mr. Tully stated that he would rather see a nature park established on the site. Mr. Norm Floyd spoke in opposition to the application. Mr. Floyd stated he was speaking as President of the West Baseline Neighborhood Association. Mr. Floyd inspected the property and stated that heavy equipment was abandoned on the backside of the property where removal of topsoil was taking place. The soil removal was taking place in the PK/OS area. Mr. Floyd thought it was a bad idea to allow Light Industrial uses next to a residential neighborhood. Mr. Floyd closed with a remark that Mabelvale Pike was not suited for industrial traffic. 4 October 14, 1999 ITEM NO.: 6 (Cont.) FILE NO.: LU99-15-03 Commissioner Pam Adcock asked if Mr. E.G. Findley resided near the property and if he was in the audience. Mr. Dolan stated that Mr. Findley did not live near the site in question. Commissioner Judith Faust wanted to find out who is notified on a Land Use Plan amendment application. Mr. Malone stated that the supplemental notices are sent to any resident within two hundred feet of the property in question. Any property owner within the amendment area is also notified. A sign is also posted on the applicant's property. Commissioner Faust and Mr. Malone had a discussion about the practice of expanding the area under review for a land use plan change and removing properties from the area under review when owners oppose the requested change. A discussion between the commission and staff followed about the possibility of the expansion of the Winston Subdivision to the north. Commissioner Berry asked Mr. Floyd if he called PC&E to discuss alleged violation of environmental regulations on portions of the amendment area. Mr. Floyd stated that he did not because he was unsure of where the alleged violations were taking place. It appeared that topsoil was being taken and the areas of removal were being filled in with rocks. Commissioner Bob Lowery asked Mr. Tully where the topsoil was being removed. Mr. Tully stated that the excavations were taking place on property outside the area under review and not on the applicant's property. Commissioner Lowery asked Mr. Tully about the last time something was done on the property. Mr. Tully stated that fifteen years ago some trees were removed. Mr. Tully stated that he had lived in the area for the last forty-three years. Mr. Wesson stated his opposition to the expansion of the industrial area and opposed the dirt road on the applicant's property. Ms. Janet Berry stated her support for more industrial uses in southwest Little Rock. Mrs. Berry believes in the potential of the property for light industrial development but added that access to the property needs improvement. 5 October 14, 1999 ITEM NO.: 6 (Cont.) FILE NO.: LU99-15-03 She also stated that Mabelvale Pike would need widening but that homeowners in the area might loss their homes if road is widened. The project would be good for the community if it did not disrupt neighborhoods. Chairman Hugh Earnest asked who was notified. Mr. Minyard replied that since the application was expanded, he went to the Tax Assessor's office to research the property owners in the•area in order to notify them. Mr. Minyard had a list of ten people in the expanded area that staff notified. Supplemental notices were sent to people living in the buffer area around the expanded area. The alert center was also notified. Mr. Minyard stated that people did call after receiving notices. The neighborhood associations within the planning district were also notified. Commissioner Mizan Rahman asked Mr. Dolan who would develop the property. Mr. Dolan stated that his firm has an agreement with Mr. Findley of Delta -Coleman Inc. to develop the property. Commissioner Lowery asked Mr. Dolan if Mr. Findley owned any other property in the area. Mr. Dolan replied that Mr. Findley owned property to the west of that described in the application that is not in the amendment area. Mr. John Findley stated that he and Gordon Findley had an agreement with Mr. Dolan to develop the property. The applicant is only interested in his own property. A discussion took place between staff and the commission about the property described in the application, and the property covered by the expanded area. Commissioner Putnam reminded the Commission that a Land Use Plan amendment was being discussed, not zoning. Commissioner Richard Downing asked if the property owners in the expanded area could be excluded from the land use plan amendment if they were opposed to the change. A discussion took place within the Commission about options for accepting or rejecting the application. A motion was made to approve the change for the applicant's property and exclude the expanded area and was approved with a vote of 8 ayes, 1 noes and 2 absent.