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HomeMy WebLinkAboutZ-3751-A Staff AnalysisJuly 17, 1990 SUBDIVISION Item No. C - Z -3751-A Owner: Applicant: Location: Request: Purpose: Size: Kanis/Otter Creek Properties Limited Partnership Ralph Bozeman Mabelvale West Road (East of Mabelvale School) Rezone from "I-2" to "0-3" and "C-3" Office and commercial 27.4 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING: North - Vacant and post office, zoned "R-2" and "0-3" South - Vacant, zoned "I-2" East - Vacant, zoned "R-2" West - Vacant, school and post office, zoned "R-2" and "1-211 STAFF ANALYSIS: The land in question is zoned "I-2", and the proposal is to rezone 13.3 acres to "C-3" and 14 acres to "0-3". 8.5 acres adjacent to the railroad tracks will remain "I-2" if the request is approved as filed. Currently, the entire site is vacant and wooded. Along the east side of the property, there is some floodway involved and with a substantial floodplain area extending to the west. Zoning in the area includes "R-2"> "0-2"> 110-3"e "C -3"e "I- 2" and 11I-311, with the property abutting "R-2" and "I-211. In the immediate vicinity, the primary land use is single family. Other uses found along Mabelvale West are two churches, a hospital and medical offices, a post office facility, a fire station, public school, commercial and industrial. A percentage of land is still vacant, including a majority of the "0-3", "C-3" and "I-2" tracts. At present, most of the developed land, commercial and 1 July 17, 1990 SUBDIVISION Item No C - Z-375-1 =A (Continued) industrial, is situated between Bowen Road and I-30. On the north side of Mabelvale West Road at I-30, there is a large mixed use project, zoned "C-2", that has a Holiday Inn and other commercial establishments and office uses. In 1986, an application was filed for approximately 25 acres across Mabelvale West Road from the site in question. The request included "MF -24", 110-31t, "C-3" and "I-2" with the proposed "MF -2411, "0-3" and "C-3" tracts fronting Mabelvale West. After several hearings, the Planning Commission recommended 110-3" for the entire acreage except for the right-of-way for the proposed South Loop along the west side of the property. The land was rezoned to "0-3" by the Board of Directors with the South Loop alignment remaining "R-2". Staff supported 110-3" for the property based on the Otter Creek District Plan. The alignment for the proposed South Loop also impacts the property being considered through this rezoning request. On the west side of the land, the survey shows a proposed right-of-way of 200 to 300 feet for the South Loop; the right-of-way increases to 300 feet at the railroad tracks to allow for the crossing. The right-of-way extends the full length of the property along the western boundary for a distance of 1,408 feet. On the Otter Creek District Plan, the entire site, 36 acres, is identified for industrial use. The Plan shows the south side of Mabelvale West is for industrial development, except for the school site. On the north side, the recommended land use pattern is more mixed with office, commercial, and public/institutional designations. The commercial area, a community service center, is adjacent to I-30 and encompasses existing 110-2" and "C-2" land. With this rezoning, Staff feels that the "C-3" portion of the request is inappropriate and recommends 110-3" for the 27 acres, except for the floodway. It is the Staff's position that "0-3" is more in keeping with the general direction of the Plan, which is to concentrate the commercial at one location, and not encourage a strip pattern along Mabelvale West. Also, there is existing commercially zoned tracts to the west that are undeveloped. Therefore, it is questionable whether adding commercia-1 acreage can be justified at this time. And finally, by not endorsing the proposed "C-311, Staff is being consistent with its recommendation for the land directly to the north. July 17, 1990 SUBDIVISION Item No. C - Z -3751-A (Continued), ENGINEERING COMMENTS: 1. The proposed South Loop Expressway right-of-way should be exempted from any rezoning and reserved for future purchase by the public agency who will ultimately build this road. The applicant will not be required to dedicate right-of-way for the South Loop Expressway at this time, but should be advised that the City reserves the right to prohibit any access from this property onto the South Loop Expressway. 2. The Master Street Plan classifies Mabelvale West Road as a minor arterial, with a required minimum right-of- way 90 feet, or 45 feet from centerline. This dedication should be required on the Mabelvale West Road frontage of this tract. 3. The floodway shown on this tract should also be dedicated. STAFF RECOMMENDATION: Staff recommends approval of "0-3" for the 27 acres under consideration, except for the land area designated as the South Loop right-of-way on the west side of the property. The floodway needs to be zoned "OS" and dedicated to the City. PLANNING COMMISSION ACTION: (June 19, 1990) Ralph Bozeman was present and indicated that he was representing the applicant. There were no objectors in attendance. Mr. Bozeman discussed the site and said the proposed South Loop would change the area. He said the South Loop and Mabelvale West intersection would be a commercial location in the future and commercial zoning was appropriate for a portion of the site under consideration. Mr. Bozeman also indicated that he had no problems with meeting floodway requirements of rezoning it to "O -s" and dedicating the floodway to the City. Jerry Gardner, of the City's Engineering Staff, discussed the floodway issues. 3 July 17, 1990 SUBDIVISION Item No. C - Z -3751-A (Continued Mr. Bozeman made some comments about the area and said the property was a logical site for commercial development. Commissioner McDaniel suggested "0-3" for the entire acreage and that the City purchase the South Loop right-of-way within one year. Commissioner Perkins asked whether the owners would agree to rezoning the right-of-way land to "R-2". Mr. Bozeman said he had problems with the right-of-way being zoned "R-2" and then went on to discuss the proposed site plan. Jerry Gardner provided some background on the South Loop and said the entire right-of-way was on Mr. Bozeman's property. Mr. Gardner said the right-of-way for the South Loop was 200 feet and increased to 300 feet to allow for the railroad crossover. He went on to say the South Loop would be a limited access facility and no dedication was being requested because there was no benefit to the property owner. Mr. Gardner also said the Arkansas Highway and Transportation Department has indicated that the South Loop should have an Environmental Impact Statement and has recommended that no additional right-of-way be purchased until the Environmental Impact Statement was completed. Commissioner McDaniel said that some of the South Loop right-of-way to the north had been purchased several years ago. There were other comments made by various Commissioners and Jerry Gardner. Ralph Bozeman presented some history on the area and said the rezoning request was reasonable. Mr. Bozeman then asked that the item be deferred for a period of time. A motion was made to defer the issue to the July 17, 1990 hearing. The motion was approved by a vote of 8 ayes, 0 nays and 3 absent. PLANNING_.COMMISSION ACTION: (July 17, 1990) The applicant, Ralph Bozeman, was present. There were no objectors. Mr. Bozeman discussed the proposal, and indicated that the owners were willing to dedicate additional right-of-way for Mabelvale West and the designated floodway area. He point out to the Commission 4 July 17, 1990 SUBDIVISION Item No. C - Z -3751-A (Continued) that the dedications would equal approximately three acres or eight percent of total property. Mr. Bozeman said that it was not unreasonable to request "C-3" for a portion of the property and "C-3" would be more marketable. Jerry Gardner, City Engineering Staff, then addressed the Commission. He said that there had been no changes since the last meeting, and the Environmental Impact Statement for the South Loop was in progress. Mr. Gardner also said that the Arkansas Highway and Transportation Department recommended that the City not purchase any right-of-way for the South Loop until the Environmental Impact Statement was completed. Mr. Gardner said that the dedications for Mabelvale West and floodway area were acceptable. Ralph Bozeman offered comments about the proposed "0-3" and "C-3" rezoning. He also said that there were no specific development plans at this time. Jerry Gardner said that a majority of the South Loop right- of-way had been identified in the field. Stephen Giles, City Attorneys' office, offered some comments about the right-of-way issue and rezoning the property. Commission John McDaniel made some statements about the South Loop and said that the proposed right-of-way should be left "I-2", the current zoning. He also suggested that the City be given a period of one year to obtain the right-of- way for the South Loop. Jerry Gardner expressed some concerns with the one year time period because of the Environmental Impact Statement. Mr. Gardner then reviewed the proposed South Loop right-of- way on the property in question and said the right-of-way appeared to be well defined in the area. Ralph Bozeman then modified the rezoning application and requested a reclassification of the land outside the South Loop right-of-way to "C-3" and "0-311, with the right-of-way left "I-2". Mr. Bozeman also agreed to the right-of-way and floodway dedications. A motion was made to recommend approval of the rezoning as amended by the applicant. The motion passed by a vote of 9 ayes, 1 nay and 1 absent. 5 July 17, 1990 SUBDIVISION Item No. C - Z -3751-A (Continued} (There were some discussion about a plan amendment and the Staff was instructed to look at the area) T