HomeMy WebLinkAboutZ-9606 BOD Staff ReportOFFICE OF THE CITY MANAGER
LITTLE ROCK, ARKANSAS
BOARD OF DIRECTORS COMMUNICATION
MARCH 15, 2022 AGENDA
Subject
An Ordinance rezoning
property located at the
southeast corner of Chenal
Parkway and Chenal Valley
Drive from MF-24 and 0-2
to C-3 and C-1 (with
conditions). (Z-9606)
Submitted by:
Department of Planning and
Development
SYNOPSIS
FISCAL IMPACT
RECOMMENDATION
BACKGROUND
Action Required
4Ordinance
Resolution
Approval
Information Report
Approved By
Bruce Moore
City Manager
The owner of the 30.56 acre property located at the
southeast corner of Chenal Parkway and Chenal Valley
Drive is requesting that the property be reclassified from
MF-24 and 0-2 to C-3 and C-1 (with conditions).
None
Approval of the Ordinance
Deltic Real Estate, LLC, owner of the 30.56 acre property
located at the southeast corner of Chenal Parkway and
Chenal Valley Drive, is requesting that the property be
rezoned from "MF-24" Multifamily District and "0-2"
Office and Institutional District to "C-3" General
Commercial District. The rezoning is proposed to allow
future commercial development of the site. The property
is currently undeveloped and mostly wooded, with varying
degrees of slope. The majority of the property is currently
zoned 0-2 (25.19 acres), with a small portion (5.37 acres)
at the southeast corner of the overall property being zoned
MF-24.
BACKGROUND
CONTINUED
The applicant originally submitted the rezoning request for
39.88 acres of C-3 zoning. The applicant revised the
application twice, with the most current revision as follows:
The applicant submitted a letter to staff on December 10,
2021 further revising the proposed rezoning application.
The applicant has further reduced the overall area of
proposed rezoning from 34.74 acres to 30.56 acres (original
proposal — 39.88 acres).
• 14.24 Acres — 0-2 to C-1
• 10.95 Acres — 0-2 to C-3
• 5.37 Acres — MF-24 to C-3
The applicant has divided the overall area of rezoning into
five (5) parcels, with restricted uses on four (4) of the
parcels as follows:
"Our rezoning has been broken into 5 parcels
1. C-1 Zoning with the exception of the list of
excluded C-1 uses attached. Any multifamily
development would be submitted and
approved as per the PRD process.
2. C-3 Zoning with the exception of the list of
excluded C-3 uses attached. Any multifamily
development or convenience food store with
gas pump would be submitted and approved
as per the PUD process.
3. Just straight 0-2 to C-3 zoning.
4. C-3 Zoning with the exception of the list of
excluded C-3 uses attached. Any multifamily
development would be submitted and
approved as per the PRD process.
5. C-3 Zoning with the exception of the list of
excluded C-3 uses attached. Any multifamily
development would be submitted and
approved as per the PRD process."
The excluded use lists are attached as "Attachment A" and
Attachment `B".
2
BACKGROUND
CONTINUED
The City's Future Land Use Plan designates this property
as "O" Office. A proposed land use plan amendment to "C"
Commercial and "NC" Neighborhood Commercial is a
separate item on this agenda.
On February 10, 2022, the Planning Commission voted
10 ayes, 0 noes, 0 absent and 1 open position, to approve
the C-3 and C-1 rezoning. There were no objectors present.
All owners of property located within 200 feet of the site
and all neighborhood associations registered with The City
of Little Rock were notified of the public hearing.
Please see the attached Planning Commission minute
record for the complete staff analysis.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
ORDINANCE NO.
AN ORDINANCE RECLASSIFYING PROPERTY
LOCATED IN THE CITY OF LITTLE ROCK,
ARKANSAS, AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF LITTLE ROCK, ARKANSAS;
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS.
Section 1. That the zone classification of the following property be and is
hereby changed as indicated:
Z-9606 —PARCEL 1— Part of the SW 1/4, Section 25, T-2-N, R-14-
W and part of the NW 1/4, Section 36, T-2-N, R-14-W, Pulaski
County, Arkansas, more particularly described as:
Commencing at the SW corner of Tract 7A, Chenal Valley, an
addition to the City of Little Rock, Arkansas; thence, N 68' 08' 29"
W, a distance of 323.11 feet; thence N 070 13' 12" W, a distance of
79.14 feet; thence N 571 19' 04" W, a distance of 258.53 feet; then
along a curve to the right having a radius of 873.233 feet, and a
chord bearing and distance of S 33' 0611211 W, a distance of 482.75
feet; then along a 873.23 foot radius curve to the right, having a
chord bearing and distance of S 470 23' 48" W, a distance of 53.43
feet; then along the are of a 5321.63 radius curve to the right,
having a chord bearing and distance of N 27' 48' 49" W, a distance
of 349.95 feet; thence S 620 29' 06" W, a distance of 318.09 feet to
a point on the East right-of-way of Chenal Parkway, thence along
said East right-of-way following the arc of a 5639.55 foot radius
Page 1 of 11
I curve to the right, having a chord bearing and distance of N 251
2 36' 44" W, a distance of 80.04 feet; thence continuing along said
3 right-of-way along the are of a 5639.55 foot radius curve to the
4 right, having a chord bearing and distance of N 231 35' 57" W, a
5 distance of 316.19 feet; thence continuing along said right-of-way
6 N 21° 59' 34" W, a distance of 59.49 feet to the Point of Beginning:
7 thence continuing along said right-of-way the following bearings
8 and distances, N 21' 59' 34" W, a distance of 422.39 feet; thence N
9 680 00' 26" E, a distance of 10.00 feet; thence N 210 59' 34" W, a
10 distance of 240.59 feet to the South right-of-way of Chenal Valley
11 Drive; thence continuing along said South right-of-way the
12 following four courses; thence N 501 50' 39" E, a distance of 44.43
13 feet; thence N 67145' 52" E, a distance of 71.59 feet; thence, N 791
14 51' 33" E, a distance of 140.64 feet; thence along the are of a 439.26
15 foot radius curve to the left, have a chord bearing and distance of
16 N 67128' 51" E, a distance of 188.33 feet; thence S 211 59'34" E, a
17 distance of 311.09 feet; thence N 68100' 26" E, a distance of 456.32
18 feet; thence S 26109' 53" E, a distance of 273.52 feet; thence along
19 the are of a 400.00 foot radius curve to the right, with a chord
20 bearing and distance of S 30' 09' 36" W, a distance of 558.98 feet;
21 thence S 62129' 06" W, a distance of 186.89 feet; thence along the
22 arc of a 5269.53 foot radius curve to the right, having a chord
23 bearing and distance of N 23144' 08" W, a distance of 320.53 feet;
24 thence N 211 59' 34" W, a distance of 59.49 feet; thence S 681 00'
25 26" W, a distance of 370.00 feet to the Point of Beginning.
26 Containing 14.24 acres more or less: From "0-2" Office and
27 Institutional District to "C-1" Neighborhood Commercial District
28 (with conditions).
29
30 AND
31
Page 2 of 11
1 PARCEL 2
2 Part of the SW 1/4, Section 25, T-2-N, R-14-W and part of the NW
3 1/4, Section 36, T-2-N, R-14-W, Pulaski County, Arkansas, more
4 particularly described as:
5
6 Commencing at the SW corner of Tract 7A, Chenal Valley, an
7 addition to the City of Little Rock, Arkansas; thence, N 68108, 29"
8 W a distance of 323.11 feet; thence N 07' 13' 12" W a distance of
9 79.14 feet; thence N 571 19' 04" W a distance of 258.53 feet; then
10 along a curve to the right having a radius of 873.233 feet, and a
11 chord bearing and distance of S 33' 06' 12" W a distance of 482.75
12 feet; then along a 873.23 foot radius curve to the right, having a
13 chord bearing and distance of S 471 23' 48" W a distance of 53.43
14 feet; then along the arc of a 5321.63 radius curve to the right,
15 having a chord bearing and distance of N 27148' 49" W a distance
16 of 349.95 feet; thence S 62129' 06" W a distance of 318.09 feet to a
17 point on the East right-of-way of Chenal Parkway, thence along
18 said East right-of-way following the arc of a 5639.55 foot radius
19 curve to the right, having a chord bearing and distance of N 25136'
20 44" W a distance of 80.04 feet; thence to the Point of Beginning:
21 thence continuing along said right-of-way along the arc of a 5639.55
22 foot radius curve to the right, having a chord bearing and distance
23 of N 23135' 57" W a distance of 316.19 feet; thence continuing along
24 said right-of-way N 210 5913411 W a distance of 59.49 feet; thence N
25 680 00' 26" E a distance of 370.00 feet; thence S 21' 59' 34" E a
26 distance of 59.49 feet; thence along the are of a 5269.55 foot radius
27 curve to the left, having a chord bearing and distance of S 231 31'
28 05" E a distance of 280.52 feet to the Point of Beginning. Containing
29 3.04 acres more or less: From "0-2" Office and Institutional
30 District to 11C-3" General Commercial District (with conditions).
31
Page 3 of 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AND
PARCEL 3
Part of the NW 1/4, Section 36, T-2-N, R-14-W, Pulaski County,
Arkansas, more particularly described as:
Commencing at the SW corner of Tract 7A, Chenal Valley, an
addition to the City of Little Rock, Arkansas; thence, N 68' 08' 29"
W, a distance of 323.11 feet; thence N 071 13' 12" W, a distance of
79.14 feet; thence N 571 19' 04" W, a distance of 258.53 feet; then
along a curve to the right having a radius of 873.233 feet, and a chord
bearing and distance of S 331 06' 12" W, a distance of 482.75 feet to
the Point of Beginning; then along a 873.23 foot radius curve to the
right, having a chord bearing and distance of S 471 23' 48" W, a
distance of 53.43 feet; then along the arc of a 5321.63 radius curve
to the right, having a chord bearing and distance of N 271 48' 49"
W, a distance of 349.95 feet; thence S 62° 29' 06" W, a distance of
318.09 feet to a point on the East right-of-way of Chenal Parkway,
thence along said East right-of-way, following the arc of a 5639.55
foot radius curve to the right, having a chord bearing and distance
of N 251 36'44" W, a distance of 80.04 feet; thence N 62129' 06" E,
a distance of 370.32 feet; thence along the arc of a of 5270.00 foot
curve to the left, having a chord bearing and distance of S 270 18'
17" E, a distance of 415.90 feet to the Point of Beginning. Containing
1.09 acres more or less: From "0-2" Office and Institutional District
to "C-3" General Commercial District.
IIX1117
Page 4 of 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PARCEL 4
Part of the SW 1/4, Section 25, T-2-N, R-14-W and part of the NW
1/4, Section 36, T-2-N, R-14-W, Pulaski County, Arkansas, more
particularly described as:
Commencing at the SW corner of Tract 7A, Chenal Valley, an
addition to the City of Little Rock, Arkansas; thence, N 68' 08' 29"
W, a distance of 323.11 feet; thence N 070 13' 12" W, a distance of
79.14 feet to the Point of Beginning; thence N 571 19' 04" W, a
distance of 258.53 feet; then along a curve to the right having a radius
of 873.23 feet, and a chord bearing and distance of S 33° 06' 12" W, a
distance of 482.75 feet; thence along the are of a 5,270 foot radius
curve to the right, having a chord bearing and distance of N 271 31'
21" W a distance of 375.91 feet; thence N 620 29' 06" E for a distance
of 186.63; then along the arc of a 400 foot radius curve to the left,
having a chord bearing and distance of N 210 45' 19" E, a distance of
522.00 feet; thence N 80' 14' 51" E, a distance of 461.07 feet; thence
S 301 59' 04" W, a distance of 184.96; thence S 200 08' 09" W, a
distance of 384.56 feet; thence S 070 13' 12" E, a distance of 236.34
feet to the Point of Beginning. Containing 6.82 acres more or less:
From 110-2" Office and Institutional District to "C-3" General
Commercial District (with conditions).
AND
PARCEL 5
Part of the SW 1/4, Section 25, T-2-N, R-14-W and part of the NW 1/4,
Section 36, T-2-N, R-14-W, Pulaski County, Arkansas, more
particularly described as:
Page 5 of 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Beginning at the SW corner of Tract 7A, Chenal Valley, an addition
to the City of Little Rock, Arkansas; thence, N 68" 08' 29" W, a
distance of 323.11 feet; thence, N 070 13' 12" W, a distance of 315.48
feet: thence, N 20' 08' 09" E, a distance of 384.56 feet; thence, N 301
59' 04" E, a distance of 184.96 feet; thence S 51' 07' 39" E, a distance
of 256.66 feet to the NW corner of Tract 7A, said addition; thence
along the west line of said Tract 7A the following bearings and
distances; S 261 04' 49" W, a distance of 255.34 feet; thence S 03' 46'
36" W, a distance of 223.15 feet; thence S 06' 34' 05" E, a distance of
342.07 feet to the point of beginning. Containing 5.37 acres more or
less: From "MF-24" Multifamily District to "C-3" General
Commercial District (with conditions) (southeast corner of Chenal
Parkway and Chenal Valley Drive).
Section 2. That the zoning of the above described property is subject to the
following conditions which were proposed by the applicant for the property described
in Section 1 of this ordinance and which shall be covenants running with the land to
bind subsequent grantees of the property:
Parcel 1. C-1 Zoning with the exception of the list of excluded
C-1 uses attached. Any multifamily development would
be submitted and approved as per the PRD process.
Parcel 2. C-3 Zoning with the exception of the list of excluded
C-3 uses attached. Any multifamily development or
convenience food store with gas pumps would be
submitted and approved as per the PUD process.
Parcel 3. Just straight 0-2 to C-3 zoning.
Parcel 4. C-3 Zoning with the exception of the list of excluded
C-3 uses attached. Any multifamily development
Page 6 of 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
would be submitted and approved as per the PRD
process.
Parcel 5. C-3 Zoning with the exception of the list of excluded
C-3 uses attached. Any multifamily development
would be submitted and approved as per the PRD
process.
The excluded use lists are attached as "Attachment A" and
Attachment "B".
Section 3. That the map referred to in Chapter 36 of the Code of Ordinances
of the City of Little Rock and designated district map be and is hereby amended to the
extent and in the respects necessary to affect and designate the change provided for in
Section 1 hereof.
Section 4. That the Ordinance shall take effect and be in full force 30 days after
the date of its passage and approval.
Section 5. Severability. In the event any title, section, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the ordinance which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
ordinance.
Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same
that are inconsistent with the provisions of this ordinance are hereby repealed to the
extent of such inconsistency.
Page 7 of 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
PASSED:
ATTEST:
APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
//
Page 8 of 11
Attachment "A"
Z-9606
G1 ndeborltood oonwaudsl dbbfcL.
(d Lbr neo"ans
(i) iemriaed am. &drrwsd ass am as tolows:
t. Mestatbn
- KeydmnL
dd taondrotetl.
R todteorheterwdor�nksdor►
ML Medkdrnadj anaadlvrdonladry.
L Medcalrt WMMdspenary.
S - jnmMVatnwkhcwv pbnrftdepartrwert
reeubliontforpich Illm
s Wor&and*vMustdhxnhTearnnMWSbW.
yy. Tod ad epdj watt rerd *stde dlsptiy odtrl•
(2) CandAW nal&Us CorA bnd wsrs ardudew see a blows:
c. Applbrierspdr.
e. CabMetorwoodwaAa wp.
Ce amo v erawAmburn
h CoI C darrMary.
1 Caatinkwot hod store whh ps pawps.
L Col4e 4rzwvjty or sorodty.
L Owrrertormomatery.
m EaWktroatfor the eve dymlar.nwatkopsydbftpak r*L
S. psrl&CcaenardsklatorPraSa
u SerMcestslm
w. Tf.eater(rot AI.—Mj
X. VVhortay>tl .ftnb-
(irpp. sb. ri)
tgrldi
Page 9 of 11
juror erlt-U.v Ir.v � tOF1
Attachment "B"
Z-9606
C-3 6tnvd aorAmafdal dktrkL
(1) A&mfted uw. tkdwkd uarS are a. fdloas:
d. Appliance npak:
e Auto pert and i comarlas.
m. dbketandwoodwakshttp.
t CcEetedarmRorY
u. Calk" raftmiry or sm tr.
M. feesrree.
r. Conv"ormarratM.
A. Feedstore.
)I. Frestadom
ww. 'C" shop.
try. tarerdfamaL
cot. lode or fraoemal o pnbmlm
met. Medcalmadj"ailrotbnlatIllty.
W. Medlulmarl}mnadspe+wy.
M& MablkorConwrluwlrenoperaedlnCwWlsrceIwo cunentplannkrddpsrbnert
rgubam for 2Kh vdYdec.
ia, eAx tvwV or fu oe ral home
tR ollke6 Awwoomwith waekom(wtthraallsales`endo*4
op. ftirldrL commwdd kt cr prate.
q04
wu. ltaordInEfidlfly atbonmtst
root. Sdiool(mmmet[i(,twdeoraaR)
aas.SwxKft dstem(wedfurnCkwoormmmueshop►.
bbbb.Servloe station
sRcZ TAxdan*L
hM*LTatl AWL
W Tool and equlpmeumntM(kwldtdtlpbVeW.
(3) C&xfdwdwmEdudedwareasforoe .
A. Ambubne se r I, past.
b. ArmasawKownerdel(olRfdiF
c. AutoEbssormrd wOmpt
(Sroaffo.71)
Pop Iofa
Page 10 of 11
Cn uv :m-u•M%r'OAS hstl
0. AMto Pft sabSW?A F mind motor sddele patSkict3tMoa
e AMo MRW of IwllW(o serNte. salm or►wa)
btorraaktarap•
IL euilc,,x materb1 mhW (epeel
L trMRdl
IL Ow"tedwa.
1. EaftgpkroeuA dthw4userAm.
t` EVA*bhf entfbf#WCOedakokolk;naRotlrapydtfebkptasad:.
p. 61marginw.1rrpfat M repairwWsat-
q. Momearrta.
t. ladsups wntm.
S. Inre and pdm cuter, open dWby.
t. L mOayra0.
IL mkkwwdxmm
W. ammumdtows
x Mantmmwv.
a. Savlttsdtlon Math MMd motor Mende rep*.
a& smallemom rapdt.
oc Taoland sppmmtrwaalJwtheeestledkpWl
dd. hurt Cr wahrre" or kmkq (eo sette.sek s ortg144
ae. LWwb e y sMp fiMnlhre.
K UphobWy s op. aeto.
�,.,wc „aa•ss•uu�.�rtut
(OW."D. 711
trade2d2
Page 11 of 11
FILE NO.:
NAME: Rezoning from MF-24 and 0-2 to C-3
LOCATION: Southeast corner of Chenal Parkway and Chenal Valley Drive
DEVELOPER:
Deltic Real Estate, LLC
210 E. Elm Street
El Dorado, AR 71730
OWNER/AUTHORIZED AGENT:
Deltic Real Estate, LLC — Owner
Tim Daters — Agent
SURVEYOR/ENGINEER:
White-Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 39.88 acres
WARD: 5
CURRENT ZONING
Variance[Waivers:
NUMBER OF LOTS: 1
PLANNING DISTRICT: 19
MF-24 and 0-2
None requested.
FT. NEW STREET: 0 LF
CENSUS TRACT: 42.12
A. PROPOSAI_IREQUEST/APPLICANT'S STATEMENT:
The applicant proposes to rezone the 39.88 acre property from MF-24 and 0-2 to C-3
for future commercial development.
B. EXISTING CONDITIONS:
The property is currently undeveloped and mostly wooded, with varying degrees of
slope.
FILE NO.: Z-9606 (Cont.)
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and all neighborhood
associations registered with The City of Little Rock were notified of the public hearing.
D. ENGINEERING COMMENTS:
1. A 20 feet radial dedication of right-of-way is required at the intersection of Chenal
Valley Drive and Chenal Parkway.
E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING:
Little Rock Water Reclamation Authority: Sewer main extension required with
easements if new sewer service is required for this project.
Enter : No comments received.
CenterPoint Energy: No comments received.
AT & T: No comments received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at the
time of request for water service must be met.
Provide a 10-ft utility easement along Chenal Parkway and Chenal Valley Drive
frontage.
Fire Department:
Maintain Access:
Fire Hydrants.
Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the
2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with
a hydrant. Where a fire hydrant is located on a fire apparatus access road, the
minimum road width shall be 26 feet, exclusive of shoulders.
Grade
Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire
Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall
not exceed 10 percent in grade except as approved by the fire chief. If the grade
exceeds 10 percent, approval will be denied and the applicant must submit
request to be reviewed by Fire Chief for Approval.
2
FILE NO.: Z-9606 (Cont.
Loading
Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas
Fire Prevention Code Vol. 1 Section 10102.1 Access and loading. Facilities, buildings
or portions of buildings hereafter constructed shall be accessible to fire department
apparatus by way of an approved fire apparatus access road with an asphalt, concrete
or other approved driving surface capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds.
Commercial and Industrial Developments — 2 means of access. - Maintain fire
apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention
Code Vol. 1
Section D104.1 Buildings exceeding three stories or 30 feet in height. Building or
facilities exceeding 30 feet or three stories in height shall have at least two means of
fire apparatus access for each structure.
Section D104.2 Building exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet shall be provide
with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet
that have a single approved fire apparatus access road when all building are
equipped throughout with approved automatic sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required, they shall
be placed a distance apart equal to not less than one half of the length of the maximum
overall diagonal dimension of the lot or area to be served, measured in a straight line
between accesses.
Fire Hydrants
Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention
Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull
501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes
501-918-3757, or Fire Marshal Derek N. Ingram 501-918-3756 Number and
Distribution of Fire Hydrants as per Table C105.1.
Parks and Recreation: No comments received.
County Planning. No comments received.
F. BUILDING CODESILANDSCAPE:
Building Code: No comments received.
Landscape: No comments.
N
FILE NO.: Z-9606 Cont.
G. TRANSPORTATIONIPLANNING:
Rock Region Metro: No comments received.
Planning Division: The request is in the Chenal District. The Land Use Plan shows
Office (0) for the requested area. Office (0) category represents services provided
directly to consumers (e.g., legal, financial, medical) as well as general offices which
support more basic economic activities. The application is to rezone from MF-24
(Multifamily District 24 units/acre) and 0-2 (Office and Institutional District) to C-3
(General Commercial District) to allow for the future commercial development of the
site. There is an accompanying item to amend the Land Use Plan for this site to
Commercial (C). The site is within the Chenal Design Overlay District.
Surrounding the application area, the Land Use Plan shows Office (0) to the north of
the site. Residential Low Density (RL) is shown on the Plan to the west. Residential
High Density (RH) is shown to the east and southwest from the site. There is an area
of Commercial (C) land use shown on the Plan to the south of the application area.
Office (0) category represents services provided directly to consumers (e.g., legal,
financial, medical) as well as general offices which support more basic economic
activities. These tracts are either side of Chenal Valley Drive and are currently wooded
(except for a Fire Station) parcels, zoned 0-2 (Office and Institutional District). The
Residential Low Density (RL) category provides for single family homes at densities
not to exceed 6 dwelling units per acre. Such residential development is typically
characterized by conventional single family homes, but may also include patio or
garden homes and cluster homes, provided that the density remain less than 6 units
per acre. This land is across Chenal Parkway and a developed single-family
subdivision zoned R-2 (Single Family District). The Residential High Density (RH)
category accommodates residential development of more than twelve (12) dwelling
units per acre. The area to the east is two apartment developments (one completed,
and one partially developed). The RH to the southwest across Chenal Parkway is a
Condo development, zoned PDR (Planned Development Residential) District. The
Commercial (C) category includes a broad range of retail and wholesale sales of
products, personal and professional services, and general business activities.
Commercial activities vary in type and scale, depending on the trade area that they
serve. This area has been recently cleared and one new structure has permitted for
a bank, zoned C-3 (General Commercial District).
Master Street Plan: To the west of the application is Chenal Parkway and it is a
Principal Arterial on the Master Street Plan. To the north is Chenal Valley Drive and it
is shown as Collector on the Master Street. A Principal Arterial is to serve through
traffic and to connect major traffic generators or activity centers within the urbanized
area. Entrances and exits should be limited to minimize negative effects of traffic and
pedestrians on Chenal Parkway since it is a Principal Arterial. The primary function of
a Collector Road is to provide a connection from Local Streets to Arterials. These
streets may require dedication of right-of-way and may require street improvements
for entrances and exits to the site.
4
FILE NO.: Z-9606 (Cont.)
Bicycle Plan: There is a Class I Bike Path is shown along Chenal Parkway. A Bike
Path is to be a paved path physically separate for the use of bicycles. Additional right-
of-way or an easement is recommended. Nine -foot paths are recommended to allow
for pedestrian use as well (replacing the sidewalk). There is a Class III Bike Route
shown on Chenal Valley Drive. Bike Routes require no additional right-of-way, but
either a sign or pavement marking to identify and direct the route.
H. ANALYSIS:
Deltic Real Estate, LLC, owner of the 39.88 acre property located at the southeast
corner of Chenal Parkway and Chenal Valley Drive, is requesting that the property be
rezoned from "MF-24" Multifamily District and "0-2" Office and Institutional District to
"C-3" General Commercial District. The rezoning is proposed to allow future
commercial development of the site. The property is currently undeveloped and
mostly wooded, with varying degrees of slope. The majority of the property is currently
zoned 0-2 (34.51 acres), with a small portion (5.37 acres) at the southeast corner of
the overall property being zoned MF-24.
The property is located in an area of mixed zoning and uses, along Chenal Parkway,
between Chenal Valley Drive and Rahling Road. A mixture of commercial zoning and
uses (C-2, C-3 and PCD) is located to the south along both sides of Chenal Parkway
and Rahling Road. Multifamily developments are located to the east, with single family
neighborhoods across Chenal Parkway to the west. Office zoned property and single
family residences are located across Chenal Valley Drive to the north.
The City's Future Land Use Plan designates this property as "O" Office. A proposed
land use plan amendment to "C" Commercial is a separate item on this agenda.
Staff is supportive of the requested C-3 zoning. Staff views the request as reasonable.
This 0-2 zoned property has been sitting undeveloped for over 25 years. The
proposed C-3 zoning might help expedite the site's development. The property
immediately south of this property is currently zoned C-3. The proposed C-3 zoning
will represent a continuation of the current zoning pattern northward from the
intersection of Chenal Parkway and Rahling Road.
I. STAFF RECOMMENDATION:
Staff recommends approval of the requested C-3 rezoning.
PLANNING COMMISSION ACTION: (SEPTEMBER 9, 2021)
The applicant submitted a letter to staff requesting the application be deferred to the
October 14, 2021 Planning Commission agenda in order to meet with the three (3) nearby
neighborhood associations on the rezoning request. There was no further discussion. The
vote was 9 ayes, 0 nays, 1 absent and 1 open position.
5
FILE NO.: Z-9606 Cont.
STAFF UPDATE:
The applicant submitted a letter to staff on September 30, 2021 revising the proposed
rezoning application. The applicant has reduced the overall area of proposed rezoning from
39.88 acres to 34.74 acres. The applicant is also proposing that a portion of the property be
rezoned to C-1 instead of C-3. The revised request is as follows:
7.20 Acres — 0-2 to C-1
22.17 Acres — 0-2 to C-3
5.37 Acres — MF-24 to C-3
Staff supports the revised application, as it is less intense in land area and proposed zoning
than the original application.
REVISED STAFF RECOMMENDATION:
Staff recommends approval of the requested C-1 and C-3 rezoning, as revised by the
applicant.
PLANNING COMMISSION ACTION: (OCTOBER 14, 2021)
Staff noted that the applicant informed staff that they were working with neighborhood
representatives to resolve issues associated with the proposed rezoning. Staff requested
that the application be deferred to the November 18, 2021 agenda. The item was placed on
the Consent Agenda and deferred to the November 18, 2021 agenda. The vote was 10 ayes,
0 nays, 0 absent and 1 open position.
STAFF UPDATE:
The applicant submitted a letter to staff on October 28, 2021 requesting this application be
deferred to the December 9, 2021 Planning Commission agenda. Staff supports the deferral
request.
PLANNING COMMISSION ACTION: (NOVEMBER 18, 2021)
The applicant submitted a letter to staff on October 28, 2021 requesting this application be
deferred to the January 13, 2022 Planning Commission agenda. There was no further
discussion. The item was placed on the Consent agenda. The vote was 9 ayes, 0 nays and
2 absent.
0
FILE NO.: Z-9606 Cont.
STAFF UPDATE:
The applicant submitted a letter to staff on December 10, 2021 further revising the proposed
rezoning application. The applicant has further reduced the overall area of proposed
rezoning from 34.74 acres to 30.56 acres (original proposal — 39.88 acres).
m 14.24 Acres — 0-2 to C-1
i 10.95 Acres — 0-2 to C-3
5.37 Acres — MF-24 to C-3
The applicant has divided the overall area of rezoning into five (5) parcels, with restricted
uses on four (4) of the parcels as follows:
"Our rezoning has been broken into 5 parcels
1. C-1 Zoning with the exception of the list of excluded C-1 uses
attached. Any multifamily development would be submitted and
approved as per the PRD process.
2. C-3 Zoning with the exception of the list of excluded C-3 uses
attached. Any multifamily development or convenience food store
with gas pump would be submitted and approved as per the PUD
process.
3. Just straight 0-2 to C-3 zoning.
4. C-3 Zoning with the exception of the list of excluded C-3 uses
attached. Any multifamily development would be submitted and
approved as per the PRD process.
5. C-3 Zoning with the exception of the list of excluded C-3 uses
attached. Any multifamily development would be submitted and
approved as per the PRD process."
The excluded use lists are attached as "Attachment A" and Attachment "B".
Staff supports the revised application, as it is less intense in land area and proposed zoning
than the previously revised application, which was less intense than the original application.
REVISED STAFF RECOMMENDATION:
Staff recommends approval of the requested C-1 and C-3 rezoning (with conditions), as
revised by the applicant.
7
FILE NO.: Z-9606 Cont.)
PLANNING COMMISSION ACTION: (FEBRUARY 10, 2022)
The Chair asked if any opposition was present. There was none. Staff presented a
recommendation of approval as noted above.
There was a motion to approve the application including all comments and recommendations
by staff. The motion was seconded. The vote was 10 ayes, 0 nays and 1 open position.
The application was approved.