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HomeMy WebLinkAboutboard of directors itemsOFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION JUNE 16,1998 AGENDA Subject Land Use Plan Amendment - Boyle Park District. Action Required I Submitted By 4Ordinance Resolution Approval Information Report Cy Carney SYNOPSIS In the 3900 Block of John Barrow Road change the Land Use Plan from Single Family to Mixed Office Commercial. RECOMMENDATION Staff recommends denial. Planning Commission recommends approval (6 for 3 against - May 14, 1998). CITIZEN Public hearing before Planning Commission on PARTICIPATION May 14, 1998. Notices sent to neighborhood associations. BACKGROUND The John Barrow Neighborhood Area Plan was adopted in the Spring of 1996. This plan concentrated Commercial at the intersection of 36th and John Barrow and Mixed office Commercial to the north and south of the Commercial to concentrate more intense development from 32nd Street to the mid 3700 block. The area designated as Office between 42nd Street and 43rd Street, is a vacant wooded lot. No noticeable new development was noted. BACKGROUND CONTINUED Totally surrounding the site are single family houses. Large vacant wooded lots lie across John Barrow Road to the north in the 3800 block and a large cleared lot lies to the south across John Barrow Road in the 4000 block. At the intersection of 36th Street and John Barrow Road, there is a liquor store on the southeast corner. The other three corners are vacant. At the intersection of 42nd Street, a daycare center is on the northwest and to the southeast is Sober Living (formerly Gist House). FILE NO.: LU98-10-01 NAME: Land Use Plan Amendment - Boyle Park District LOCATION: 3900 block of John Barrow Road REQUEST: Single Family to Office SOURCE: Edward Jacobs PROPOSAL/REQUEST: Land Use Plan amendment in the Boyle Park Planning District from Single Family to Office. Office represents services provided directly to consumers (such as legal, financial and medical) as well as general offices which support more basic economic activities. RECENT AMENDMENTS: In the last two years, the following amendments were adopted: In June 1996, the adoption of the John Barrow Neighborhood Area Plan changed the following: 1) A change from Mixed Residential to Single Family in a multi -block area southeast of the 36th Street and John Barrow Road intersection; 2) A change from Low Density Multi -family to Single Family on either side of John Barrow Road north of 44th and the addition of Office along John Barrow from north of 42nd to 43rd street; In March 1996, the following amendments were adopted: 1) A change from Mixed Use and Single Family to Mixed Office Commercial on either side of John Barrow and 37th Street; 2) A change from Commercial and Low Density Multifamily to Mixed office and Commercial on either side of John Barrow from 32nd to 34th Street; 3) A change from Mixed Use and Low Density Multifamily to Commercial on either side of John Barrow from south of 36th to north of 37th; 4) A change from Single Family to Public Institutional at the southeast corner of Ludwig and 34th; 5) A change from Low Density Multifamily to Single Family south of Ludwig and 34th; 6) A change from Mixed Use to Single Family at the northeast corner of Ludwig and 37th and the northwest corner of Longcoy and 37th Streets. MASTER STREET PLAN: John Barrow Road is shown as a Minor Arterial on the plan and is built as a four lane section south of 36th Street and five lane section north of 36th Street. FILE NO.: LU98-10-01 (Cont.) CURRENT ZONING AND ACREAGE: The property is currently zoned R3 and is approximately 1 acre in size. The site is totally surrounded by R3 residential zoning with a commercial pocket of C3 at the intersection of John Barrow Road and 36th Street and an area of primarily 03 Office at the 42nd Street intersection extending south. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: John Barrow, Campus Place, Kensington Place, Westbrook and Westwood. STAFF REPORT: The John Barrow Neighborhood Area Plan was adopted in the Spring of 1996. This plan concentrated Commercial at the intersection of 36th and John Barrow and Mixed office Commercial to the north and south of the Commercial to concentrate more intense development from 32nd Street to the mid 3700 block. The area designated as Office between 42nd Street and 43rd Street, is a vacant wooded lot. No noticeable new development was noted. Totally surrounding the site are single family houses. Large vacant wooded lots lie across John Barrow Road to the north in the 3800 block and a large cleared lot lies to the south across John Barrow Road in the 4000 block. At the intersection of 36th Street and John Barrow Road, there is a liquor store on the southeast corner. The other three corners are vacant. At the intersection of 42nd Street, a daycare center is on the northwest and to the southeast is Sober Living (formerly Gist House). STAFF RECOMMENDATIONS: Staff believes that the change of the land use plan would be inappropriate for the following reasons: 1) It is against the neighborhood plan to extend this Office use further south for three additional blocks, 2) Office uses can be placed in Commercial and there is available Commercial in the vicinity, 3) There is available office sites to the south of the property, and 4) The lots were originally platted shallow and with the subsequent right of way dedications and the required setbacks for office, therefore the lots are unsuitable for office due to these reasons. E FILE NO.: LU98-10-01 Cont. PLANNING COMMISSION ACTION: (APRIL 2, 1998) Walter Malone of Staff presented the presented the case with surrounding uses and zoning and noted the support of the John Harrow Neighborhood Association. Staff is not supporting the plan amendment. Mr. Jacobs, the petitioner, presented at this time. He stated that the neighborhood was in support of his plan and stated previous examples of rezoning in the area. He stated that the possibility of single family being built on the lots is slim. He owns that land and this is not a speculative venture. Commissioner Nunnely asked Staff about other vacant office areas. Commissioner Mizan asked of Staff about the letter from the John Harrow Neighborhood stating a Conditional Use Permit while the application stated a change to Office. Is there a conflict? Does the association understand? Walter Malone stated that there was no one from staff at the meeting and cannot speculate as to such. STAFF UPDATE: This item was deferred at the April 2, 1998, meeting for further clarification and possibly change of the application. The applicant amended his application on April 6, 1998, to change from Single Family to Mixed Office Commercial after discussions of the proposed uses (the wholesale office furniture business and professional offices). Staff believes that the change of the land use plan would be inappropriate for the four previously stated reasons: 1) It is against the neighborhood plan to extend this Office use further south for three additional blocks, 2) Office uses can be placed in Commercial and there is available Commercial in the vicinity, 3) There is available office sites to the south of the property, and 4) The lots were originally platted shallow and with the subsequent right of way dedications and the required setbacks for office, therefore the lots are unsuitable for office due to these reasons. In addition, 5) the amended request further intensifies the uses on that site and that increase in intensity from the original application is not appropriate for this site. 3 FILE NO.: LU98-10-01 (Cont.) PLANNING COMMISSION ACTION: (MAY 14, 1998) Walter Malone, Planning Manager, stated that six weeks ago the request for -Office" at this location was deferred due to concern about the intended uses. The applicant has changed the application to Mixed Office Commercial no other issues have changed. Staff remains opposed and the neighborhood association is supportive of the change. They believe the development will be good for the neighborhood. Mr. Malone asked if the Commission wished to have a full presentation. The Commission indicated that was not necessary. Edward Jacobs, Supplies Plus Company stated he had done research on past changes and was still confused. Mr. Jacobs gave responses to each of the concerns raised by staff. (Neighborhood association supportive, no opposition, there are other areas which were changed when available sites remained.) Mr. Jacobs asked for a vote in his favor. Commissioner Faust asked if anyone from the association was present. There was not. There was discussion about a change in the Plan supported by the area association which developed the Plan. Commissioner Hawn moved approval of the application as filed, second Commissioner Putnam. 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