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HomeMy WebLinkAboutZ-4669 Staff AnalysisNAME: Olin J. Asbury 2228 Cottondale Lane Little Rock, AR 72202 Phone: 663-7005 J and J Piano and Organ Company "Short -Form PCD" (Z-4669) Northeast Corner of University and "H" Streets McClelland Consulting Engrs. Mr. Steve,Atherton 900 West Markham Little Rock, AR 72201 Phone: -371-0272 AREA: 1.732 acres NO. OF LOTS: 1 FEET NEW ST.: C ZONING: 11R-2" PROPOSED USE: J and J Piano and Organ Company/Nichols Furniture Company A. Development Objectives (1) To acquire the proposed site and build a structure to accommodate a combination business/display of pianos and furniture and warehouse space. (2) To preserve the structural integrity of the athletic field. B. Development Proposal (1) The construction of one building containing 20,000 square feet. Z-4669 - Continued (2 ) Use of space will be as follows: a. Piano display ................... 4,000 S.F. b. Nichols Furniture ............. 8,000 S.F. (4,000 square feet on each of two levels) C. Two-story ....... .. •....... 3,000 S.F. d. Electronic organ display/ warehouse/expansion space ....... Northern 5,000 S.F. (3) Twelve parking spaces are required. C. Analysis Staff is not supportive of this plan. The proposed retail uses could lead to strip commercial development along University, which is currently composed of mainly office and multifamily uses. Staff has also had preliminary discussions regarding a commercial use on an abutting site. Thus, whatever is developed on this site will be crucial to future uses along University Avenue. Access should be limited to the northernmost drive and only if parking is redesigned to abut the street. There should be 34 feet of street from the median to curb. The handicapped ramps and access to the loading dock must be approved by Traffic. The main drive should be 24 feet at least. It is recommended that the sidewalk be located at the property line away from University to not at the curb. D. Staff Recommendation Denial as filed. Z-4669 - Continued SUBDIVISION COMMITTEE REVIEW: The main issue to be discussed was identified as land use. A revised plan was submitted by the applicant. Sewer Comments - Sewer available; however, may be somewhat expensive. PLANNING COMMISSION ACTION: As requested by the Planning requested a 2 -week deferral. made and passed by a vote of: PLANNING COMMISSION ACTION: Commission, A motion to 8 ayes, 0 (6-24-86) the applicant this effect was noes and 3 absent. The Planning Commission announced the public hearing on item B. The Chairman asked for a determination of the parties presently involved in this case as to objectors and supporters. There were approximately eight persons present representing the neighborhood opposed to the proposal. After a brief discussion between several of the present parties, it was determined that two members of the Planning Commission would be abstaining from participating in this matter leaving only five voting members inasmuch as the Planning Commission attendance was seven for the day. The Commission discussed whether or not a hearing of the issue is appropriate when a quorum cannot be obtained and final action could not result. Mr. Olan Asbury addressed the subject. He further identified that he had participated in neighborhood meetings involving most of the property owners interested in this matter. A further general discussion followed involving both sides of the issue. The Commission determined after that discussion that it would hear the case Z_-4669 -- Continued and listen to objectors as well as commentary from Mr. Asbury. This in light of the fact that only five votes would be possible. Mr. Walter Riddick then presented comments representing Mr. Peyton Rice, an adjacent owner, and stated that he desired to continue this matter today and not be heard at this time although the general opinion of others was to hear the case. Mr. Riddick offered specific objection to the planned unit development action based on the plans for the neighborhood, those being the Heights/Hillcrest Plan adopted by the City Board of Directors, the additional effect of strip zoning along North University and adverse involvement within a current severe floodplain. He added comments to the effect that he opposed substantial development of any kind other than scattered single family development inasmuch'as nonresidential development would impact the flood prone area. The Planning staff was then requested to present its comments and recommendation. Mr. Greeson addressed the issue. The staff recommendation was maintained at denial of the request the basis for denial being strip zoning, potential for other properties adjacent along North University and violation of the Heights/Hillcrest Plan. Mr. Greeson did offer the thought that there. were several potential options for this PUD in the manner of conditional placement of the use on the property. The Chairman then turned the matter to the objectors and asked for comments. Mr. Carl Glenn, a neighbor, offered his thoughts on the subject. Ms. Madigan, a representative of the Little Rock Garden Club, offered comments opposing the encroachment upon University Avenue and this undeveloped area. The basis of her argument being that it would disturb the existing open space. Karen Corbin offered objections to the proposal based on the loss of habitat for certain neighborhood wild life. She further indicated that this was a good resource property for the adjacent school. Mr. Tom Ramsey, the owner of properties at 5800 Evergreen, objected to additional commercial intrusion into the area which could eventually lead to a loss of investment value by office owners in the area. After receiving these comments, the Planning Commission entered into a general discussion involving many of the previous spokespersons as well as Mr. Asbury. At the end of this lengthy discussion, the Chairman made a request of Mr. Asbury to determine whether or not he would accept a July 22, 1986 SUBDIVISIONS Item No. B - Continued deferral of this item to July 22 rather than the normal deferral to July 8 inasmuch as the July 8 agenda was a rather heavy filing with approximately 43 items. The applicant stated that he was agreeable to the July 22 date. The Chairman then asked for the motion on the application as filed. The motion was made and seconded for approval as submitted. The motion failed for lack of an affirmative vote, therefore, involving the Planning Commission bylaw which requires an automatic deferral. The rehearing is to be set for July 22 at 1 p.m. The vote on the motion was: 4 ayes, 1 no, 2 abstentions, 3 absent and 1 open position. PLANNING COMMISSION ACTION: (7-22-86) The applicant was present. Approximately eight persons were in attendance from the neighborhood. Staff reported their recommendation remained the same - denial, based on departure from the use proposed on the Land Use Pian and a fear of promoting strip commercial zoning along University Avenue. The applicant, Mr. Olin Asbury, gave an overview of the project. He explained that he would add the extra parking required by eliminating some green space. He gave out copies of the minutes of the March 27 Little Rock School Board meeting, which described their agreement with him regarding the sale of this property. Mr. Asbury told the Commission that the School District has accepted their contract for this particular land use, knowing that this use would be adjacent to the Forest Heights Junior High School. He noted that the School District was their largest neighbor. The School District feels that the use is acceptable as a long-term use. Mr. Asbury explained that he requested the PCD process because of the sensitive in fill site and the fact that the School District would not allow any commercial on its border because of the traffic in the area. He felt that the owners' purpose and intent is to do business, not to speculate. July 22, 1986 SUBDIVISIONS Item No. B - Continued He gave data indicating that an "0-2" use, which was offered by staff as a possible alternative would cause more traffic than the use proposed. He offered to restrict the application by agreeing to revert back to "0-2," if the J and J Piano Company and Nichols Furniture Company relocates to another area in the future. After a question by staff, he explained that he is restricting the deed to not allow more than four businesses due to a concern by the School Board; even though this PCD application stipulates two businesses. Mr. Peyton Rice spoke in opposition. He was opposed due to the following: (1) the proposal was contrary to the Heights -Hillcrest Plan, (2) he wants no commercial zoning between Markham and Highway 10; (3) any bulldozing of a greenbelt would cause additional flooding and create an "ecological tragedy" since the area is a living biology lab for students at the nearby school. Mrs. Bobby Buchman of #3 Gay Place presented a petition with 47 signatures for the South Normandy area, south of Evergreen. She felt that the support of the School Board needed to be disregarded since they were receiving financial gain. She felt that it was still commercial zoning, and after it was approved, the neighborhood then would have no recourse. Other persons in opposition were Mr. Jack Lindsey of #9 Gay Place and Mrs. Madigan of the Little Rock Garden Club. Three Commissioners decided to abstain from discussion and voting. They were Mr. Schlereth, Mr. Walter Riddick, and Mrs. Jerilyn Nicholson, the School Board representative to the Commission. It was decided that there would still be a vote, even though there was not a quorum. The neighborhood offered no objections. Finally, a motion was made to approve the application. The motion failed. The motion was forwarded to the City Board as a negative recommendation due to the inadequate amount of votes at both meetings. The vote was: 1 aye, 4 noes, 3 absent and 3 abstentions. I LITTLE ROCK SCHOOL DISTRICT 810 WEST MARKHAM STREET LITTLE ROCK, ARKANSAS Minutes Of Board of Directors Regular Meeting March 27, 1986 The Board of Directors of the Little Rock School District met in its regularly scheduled meeting at 4:07 p.m. on March 27, 1986, in the Board Room of the Administration Building, 810 West Markham Street, Little Rock, Arkansas. The president, Mr. Herb Yarbrough, presided. MEMBERS PRESENT: Mr. Herb Yarbrough Mr. Bill Hamilton Mrs. Ruth Shepherd Mr. David Cockcroft Mrs. Fay Southern Mr. Thomas Broughton Mrs. Robin Armstrong MEMBERS ABSENT: ALSO PRESENT: Dr. Ed Kelly, Superintendent of Schools Mrs. Pat Kumpuris, Recorder of the Minutes Mr. Don Umfleet, Audio Specialist STAFF MEMBERS PRESENT: Mr. Vance Jones Dr. Ruth Steele Dr. Jesse Rancifer Ms. Beverly White Ms. Julia McGehee Mr. Richard Maple Mr. James Jennings Dr. J. J. Lacey, Jr. Dr. Paul J. Smith OTHERS PRESENT: Mr. Jodie Mahoney Mrs. Eleanor Reasoner Ms. Marilyn Washington Ms. Gail McRae Ms. Tricia Chaffin Ms. Susie Kitterman bUck 'U 01 U I t'eG W r y March •27, 19186 Regular Meeting Page Two Mr. Frederick Lee PRESS REPRESENTATIVES: Cynthia Howell, Arkansas Democrat David Davies, Arkansas Gazette I. Action: Call to Order The president called the regular meeting of the Board of Directors to order at 4:07 p.m. The roll call revealed the presence of all seven (7) Board members. II. Action: Reading of the Minutes The chair called to the attention of the Board members the minutes of the regular meeting on February 27, 1986. Mr. Thomas Broughton moved that the minutes be approved as published. Mrs. Ruth Shepherd seconded the motion, and it carried unanimously. III. Report: Presentations A. Board Members Mr. Herb Yarbrough reported that both committees, the Board Education Committee and the Board Support Services Committee, met in a joint meeting on March 19 and reviewed the items on the agenda of this meeting. B. Citizens Committees None reporting. C. Superintendent's Citations The Superintendent indicated that the "Check Us Out" open houses were very successful due to the work of some patrons who originated the idea, organized the event, and advertised it in the community. He presented a Superintendent's citation to eleven patrons who served on the "Check Us Out" committee: Glynda Tarpley, Chairperson; Madelon Scallet, Robin Armstrong, Betty Ruth Davis, Eileen Turner, Billie Rutherford, Julie Calhoun, Beth McCain, B. J. Moses, Miriam Hasson, and Jane Gordon. Dr. Kelly also recognized Ms. Jo Flanigan and presented the Superintendent's Citation to her for her outstanding work in founding and organizing the Arkansas Reading Fair as well as her contribution to reading education. He also told the Board members and audience that Ms. Flanigan was recently awarded the "Celebrate Literacy Award" by the Arkansas State Reading Council. Board , of 'Directors Regular Meeting March 27, 1986 page Three Dr. Kelly recognized Mr. Robert Brack, a choral music teacher at Central High School, and presented him with a Superintendent's Citation. Mr. Brack was recently named "Arkansas' 1986 Director of the Year by the Arkansas Choir Directors Association. The Superintendent expressed appreciation for his outstanding contributions to choral music. The Superintendent presented a Superintendent's Citation to Susan Baker, a Central High School junior, who recently was named the winner of the U. S. Senate/Japan Scholarship for study in Japan this summer. The Superintendent also honored Carmen Twillie, a Hall High School senior, by presenting her with a collection of Shakespeare's works. Carmen has received numerous honors, but her latest award is being named the recipient of the Roosevelt Thompson Scholarship Award. The scholarship was established by friends from Yale University of the late Roosevelt Thompson. IV. Remarks From Citizens Representative Jodie Mahoney from E1 Dorado, Arkansas, told the Board that most people in Arkansas view 1957 as when improvement in education and fair treatment for all students began. Referring to the desegregation plan recently filed with the U. S. District Court, Repre-sentative Mahoney told the Board that Dr. Kelly had taken advantage of an opportunity offered by the court. He asked the Board of Directors to reconsider the plan which costs $79 million to implement because it would take 14 percent of the funds of every school district in Arkansas to fund this plan. He expressed concern that poor school districts who are trying to meet the new state standards will have funds taken from them to pay for the Little Rock School District's desegregation plan. V. Action: Action Items A. Reorganization of the Board of Directors The chair reminded the Board members that in March of every year Board officers are elected and opened the floor for nominations. Mrs. Fay Southern nominated Mr. Herb Yarbrough as President of the Board of Directors, Mr. Bill Hamilton as Vice President of the Board of Directors, and Mrs. Ruth Shepherd as Secretary of the Board of Directors. Mr. Thomas Broughton seconded the nominations. Without discussion, the nominations were unanimously a roved. B. Acceptance of Grant Funds for Vocational Education Dr. Kelly told the Board that a grant for $4,595 from the State Department of Education has been approved. The purpose of the grant is to inform high school students of career opportunities available to them in nontraditional roles in order to increase enrollments of students in classes that are typically underenrolled by male or female students. The Superintendent recommended that the Board approve acceptance of the grant funds. Mrs. Ruth Shepherd moved the Superintendent's recommendation, seconded by Mrs. Fay Southern, and unanimously carried. f Board, of Directors Regular Meeting March 27, 1986 C. Lease Agreement with Super 8 Lodge This request has been withdrawn, therefore, no action by the Board was requested. D. Offers on Forest Heights Property Page Four The Superintendent reviewed the offer of Fendley Development Company to purchase 4.82 acres of property near Forest Heights Junior High School, which includes property that has been declared surplus and some property that is currently being used for a softball field and a football practice field. Dr. Kelly expressed his opposition to the offer and recommended that the Board decline it. Mr. Thomas Broughton moved the Superintendent's recommendation, seconded by Mrs. Fay Southern. During discussion of the motion, Mr. Billy Rector, representing the Fendley Development Company, pointed out some advantages of the offer and expressed disagreement with the administration's opposition to the offer. Discussion ensued regarding the square footage price of the property and the value of the property for certain business ventures. There was additional discussion regarding the proposed use of the property (a grocery store) as opposed to another proposal pending before the Board to build a strip center for several businesses. Mr. Ron Bragg, representing Barnes, Quinn, Flake and Anderson, the District's real estate consultant, identified the property being discussed and clarified the appraised value per square foot. He further pointed out that the Fendley offer includes property that has not been declared surplus. Following extensive discussion, the motion carried by a vote of five (5) to two (2) with Mrs. Ruth Shepherd and Mr. David Cockcroft casting the dissenting votes. Dr. Kelly informed the Board that J & J Piano Company through its agent, Asbury -Finley Company, has offered $222,000 ($3 per square foot) for a rectangular parcel of vacant land located in the northeast corner of the intersection of University Avenue and "H" Street adjacent to the property on which Forest Heights Jr. High School is situated. He further informed the Board that the offer is conditioned upon the buyer's ability to obtain the necessary use permits from the City of Little Rock. Dr. Kelly directed the Board's attention to the complete offer contained in the printed agenda and reminded the Board that this offer had been discussed in detail during the Committee meetings. The Superintendent recommended that the Board accept the offer of J & J Piano Company conditioned upon a survey that is acceptable to both the buyer and the seller. Mrs. Fay Southern moved the Superintendent's recommendation, seconded by Mr. Thomas Broughton. Discussion ensued regarding zoning permits needed by J & J Piano Company in order to fulfil the terms of the offer. Mr. Oldtn Asbury, representing J & J Piano Company, directed the Board's attention to a document prepared by his company and distributed in advance of the meeting to each Board member which clarified the location of the property and other matters pertaining the the offer of J & J Piano Company. Discussion ensued regarding the type of businesses that might locate within the strip center proposed to be built on the property in question. Mr. Asbury told the Board that J & J Piano Company wants to locate a piano and organ store and a furniture store orr the property and that there would be no more than Board of directors Regular Meeting March 27, 1986 Page Five four businesses located within the strip center. He further assured the Board that J & J Piano and Organ Company would apply to the City for a planned unit development zoning permit and with that kind of zoning, any variation from the original proposal would have to be approved by the City. As an adjacent property owner, the District would have the opportunity to object to any variation in the zoning. Following extensive discussion, the chair restated the motion as follows: to accept the offer subject to a survey that is acceptable to both the buyer and seller. The motion carried unanimously. E. Revision of'the 1985-86 Operating Budget The Superintendent directed the Board's attention to the proposed revisions in the revenue and expenditure estimates and reminded the Board that the budget had been discussed in detail during the Committee meetings. The Superintendent recommended that the Board approve the revised operating budget for 1985-86, whereupon, Mrs. Ruth Shepherd moved the Superintendent's recommendation. Mrs. Fay Southern seconded the motion, and it carried unanimousl F. Personnel Changes Dr. Kelly reviewed each category of changes as reflected in the printed agenda. He informed the Board that there is nothing unusual about the personnel changes and recommended that the Board approve the personnel changes as submitted in the printed agenda. Mr. David Cockcroft moved the Superintendent's recommendation, seconded by Mr. Bill Hamilton, and unanimously carried. SUSPENSION OF THE RULES The Superintendent asked the Board to suspend the rules so that it can act on a Memorandum of Understanding regarding the joint operation of radio station KLRE-FM by the District and the University of Arkansas at Little Rock. Mrs. Ruth Shepherd moved to suspend the rules to act on the Memorandum of Understanding. The motion was seconded by Mrs. Fay Southern, and it carried unanimously. Dr. Kelly told the Board that there is some urgency in completing the agreement with UALR concerning the joint operation of KLRE-FM because the University has only six months approval from the FCC to get their tower in operation. He informed the Board that Mr. Chris Heller, the District's legal counsel, had been involved in the development of the proposed Memorandum of Understanding, a copy of which had been previously furnished to each Board member. Mr. Heller answered questions from Board members about specific portions of the proposed Memorandum of Understanding. He further indicated that the Friends of KLRE had been involved in the development of the document.. The Superintendent recommended that the Board approve the Memorandum of Understanding as submitted. Mr. David Cockcroft moved the Superintendent's recommendation. Mr. Bill Hamilton seconded the motion, and it carried unanimousl Board of N rectors Regular Meeting March 27, 1986 Page Six VI. Financial Reports Dr. Kelly informed the Board that there is nothing unusual about the financial reports and recommended that they be approved as submitted. Mr. Bill Hamilton moved the Superintendent's recommendation, seconded by Mr. David Cockcroft, and unanimously carried. VII. Consent Items A. Donations The Superintendent reviewed the requests for donations as follows: 1. the student council at King Elementary School requests permission to donate a VCR, a transparency maker, and two color televisions to the school; 2. Mr. Ronald E. Flowers wishes to donate darkroom equipment to the District; and 3. First Commercial Bank has requested permission to donate audio-visual equipment and a copier to the District. Dr. Kelly recommended that the Board approve the donation requests. Mrs. Fay Southern moved the Superintendent's recommendation, seconded by Mr. Bill Hamilton, and unanimous carried. VIII. Reports of Superintendent A. Equity in Elementary Educational Opportunity Third Year Report, 1984-85 The Superintendent reminded the Board that all of the reports contained in the printed agenda had been discussed during the Committee meetings and offered to discuss them further. B. Third Monitoring Visit to Racially Identifiable Schools No discussion. C. Update on Affirmative Action and Staffing No discussion. Mr. Bill Hamilton moved to accept all of the reports as submitted. Mr. Thomas Broughton seconded the motion, and it carried unanimously. Board•, of Dyrectors Regular Meeting March 27, 1986 IX. Audience With Individuals or Groups Nobody expressed a desire to address the Board. X. Student Disciplinary Recommendations Page Seven Dr. Kelly recommended that the Board expel the following students through the end of the 1985-86 school year: James Platt, Lamont Wilson, and Robert Young. Mr. David Cockcroft moved the Superintendent's recommenda- tion, seconded by Mrs. Robin Armstrong, and unanimously carried. There being no further business to come before the regular meeting of the Board of Directors, the meeting adjourned at 5:21 p.m. HERB YARB UGH, PR£SI £NT —Zd RUTH SHEPHERD,4S CRETARY APPROVED: W_