HomeMy WebLinkAboutZ-4933-F Staff AnalysisNovember 13, 1997
ITEM FILE NO.: Z -4933-F
Owner:
Applicant:
Location:
Request:
Purpose:
Size:
Existing Use:
Eugene M. Pfeifer, III
James E. Hathaway, Jr.
15701 Chenal Parkway
Rezone from PCD to C-3
Future retail development
1.09± acres
Vacant, wooded tract
SURROUNDING LAND USE AND ZONING
North - Chenal Parkway Right -of -Way and undeveloped/
wooded tracts zoned 0-3 and C-2
South - One Source Warehouse and Lumber yard, zoned PCD
East - Construction office and contractor's storage
yard, zoned R-2
West - One Source Warehouse and Lumber Yard, zoned PCD
PUBLIC WORKS COMMENTS
Below is the result of discussion with the developer and
Board of Directors action:
1.
2.
3.
4.
5.
Ordinance 17,009 gives the developer permission to
install a drive onto the new north -south arterial and
establishes a procedure for when this drive would need
to be removed.
The Board of Directors determined that the $20,000
requested for contribution towards construction of the
intersection of the arterial with Chenal was not an
appropriate request. To our knowledge there was not
formal waiver but a determination that this request was
not appropriate.
That Public Works and the developer's engineer agreed to
an area of additional right-of-way at the northeast
corner of the lot for purposes of construction of a
right -turn lane at a future date. This right-of-way is
shown an a prat of the amended PCD prepared by White-
Daters dated 1-16-96.
That One Source agreed to an in -lieu for the
construction of a right -turn lane on Chenal Estimated
cost is $25 to $30 thousand dollars.
That the developer agreed to construct 1/2 of the length
of the arterial on the east side of the property, but
November 13, 1997
ITEM ND.: 2 Cont.
FILE NO.: 2-4933-F
that the cost would not exceed 1/2 of the cost of 1/�2 of
the width for the total boundary length -
6, That the Board of Directors denied the request for a
waiver of 1/2 commercial street improvements to Kanis
Road on the frontage of the property.
Additional requirements:
7. Dedication of right-of-way to 30 feet: from centerline of
Kanis including a 20 feet radial dedication at the
northeast and southeast corner
45ff ropeeet rty centerline of
8. Dedication of right-of-way
to the new arterial to the east.
9. with development construct half streE=t improvements
including sidewalks, for Kanis Road to collector
standards. Provide design of streets in accordance with
Master Street Plan prepared by Professional Civil
Engineer.
ng access ramps,
10. oback oferighteof-wayidaof Chenallk ann the Parkway, and the
the
new arterial.
11. Stormwater detention ordinance applies to this property.
12. Chenal Parkway has a 1995 average daily traffic count of
11,000.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a Central Arkansas Transit Bus
Route.
LAND USE ELEMENT
ct. The Plan
The site is ln the ommercialluse.is There issnontain lland use plan issue.
recommends C
STAFF ANALYSIS
The request before the Commission is to rezone this 1.091
acre tract from "PCI]" Planned Commercial Development to "C-
3" General Commercial. The property is currently
undeveloped and wooded. The applicant proposes unspecific
future retail. p rtlofmthe largernt for eonete once i tSource HomesCenterePCD.
The parcel is pa
On December 26, 199(), Mechanics Lumber Company PCD was
approved for the 8.J3± acre tract located at the southeast
corner of Chenal Parkway and Kanis Road. The PCD
established a 3 lot development with a hardware store/lumber
yard to be built on the larger of the 3 lots (Lot 1).
uses or site plans were approved for the two smaller smaller lots at
that time, including this subject property
2
November 13, 1997
ITEM NO.: 2 Cont. FILE NO.: Z -4933-F
identified as Lot 3. On December 20, 1994, Worthen Bank.
Branch amended PCD was approved for Lot 2, at the corner of
Chenal and Kanis, with a bank listed as the only approved
use. On November 21, 1995, One Source Home Center amended
PCD was approved which combined the subject Lot 3 with the
larger Lot 1 to allow for expansion of the hardware
store/lumber yard and all permitted and conditional uses in
the C-3 district. On September 16, 1997, the Worthen Bank
Branch amended PCD was revoked for Lot 2 and that lot was
zoned C-3. The applicant is now requesting that this lot
(Lot 3) also be zoned C-3. This technically means the One
Source Home Center PCD will be amended to remove this 1.09±
acre tract from the PCD. This action will have the effect
of leaving the One Source Home Center on Lot 1, as it is
now. This subject property, Lot 3, can then be developed
for C-3 uses.
Staff believes the C-3 zoning request is reasonable for this
site. The Ellis Mountain District Land Use Plan recommends
Commercial for this site and the properties abutting to the
east, west and south. The Plan recommends Commercial and
Office for properties across Chenal Parkway, to the north.
The PCD zoned property to the west and south is occupied by
the One Source Home Center and Lumber Yard. A construction
company/contractor's storage yard is located to the east.
The large tracts of 0-3 and C-2 zoned properties across
Chenal Parkway are currently undeveloped and heavily wooded.
The PCD which currently covers this lot allows for all
permitted and conditional uses in the C-3 district.
Rezoning the site to C-3 will eliminate the conditional uses
as "by -right." Development of the site will have to comply
with the Chenal/Financial Centre Design Overlay District
guidelines regarding signage, lighting and utilities.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-3 zoning as
conforming to the Land Use Plan and being compatible with
uses and zoning in the area.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
The item was placed on the Consent Agenda and approved by a
vote of 9 ayes, 0 noes and 2 absent.
3
April 2, 1998
ITEM NO.: A FILE NO.: Z -4933-F
SQRROUNDING LAND USE AND ZONING
North - Chenal Parkway Right -of -Way and undeveloped/
wooded tracts zoned 0-3 and C-2
South - One Source Warehouse and Lumber yard, zoned PCD
East - Construction office and contractor's storage
yard, zoned R-2
West - One Source warehouse and Lumber Yard, zoned PCD
PQBLTC WORKS COMMENTS
Below is the result of discussion with the developer and
Board of Directors action:
1. Ordinance 17,009 gives the developer permission to
install a drive onto the new north -south arterial and
establishes a procedure for when this drive would need
to be removed.
2. The Board of Directors determined that the $20,000
requested for contribution towards construction of the
intersection of the arterial with Chenal was not an
appropriate request. To our knowledge there was not
formal waiver but a determination that this request was
not appropriate.
3. That Public Works and the developer's engineer agreed to
an area of additional right-of-way at the northeast
corner of the lot for purposes of construction of a
right -turn lane at a future date. This right-of-way is
shown on a plat of the amended PCD prepared by White-
Daters dated 1-16-96.
4. That One Source agreed to an in -lieu for the
construction of a right -turn lane on Chenal Estimated
cost is $25 to $30 thousand dollars.
5. That the developer agreed to construct 1/2 of the length
of the arterial on the east side of the property,
that the cost would not exceed 1/2 of the cost of 1/2 of
Eugene M. Pfeifer, III
Owner:
Applicant:
James E. Hathaway, Jr.
Location:
15701 Chenal Parkway
Request:
Rezone from PCD to C-3
Future retail development
Purpose:
Size:
1.09± acres
Existing Use:
vacant, wooded tract
SQRROUNDING LAND USE AND ZONING
North - Chenal Parkway Right -of -Way and undeveloped/
wooded tracts zoned 0-3 and C-2
South - One Source Warehouse and Lumber yard, zoned PCD
East - Construction office and contractor's storage
yard, zoned R-2
West - One Source warehouse and Lumber Yard, zoned PCD
PQBLTC WORKS COMMENTS
Below is the result of discussion with the developer and
Board of Directors action:
1. Ordinance 17,009 gives the developer permission to
install a drive onto the new north -south arterial and
establishes a procedure for when this drive would need
to be removed.
2. The Board of Directors determined that the $20,000
requested for contribution towards construction of the
intersection of the arterial with Chenal was not an
appropriate request. To our knowledge there was not
formal waiver but a determination that this request was
not appropriate.
3. That Public Works and the developer's engineer agreed to
an area of additional right-of-way at the northeast
corner of the lot for purposes of construction of a
right -turn lane at a future date. This right-of-way is
shown on a plat of the amended PCD prepared by White-
Daters dated 1-16-96.
4. That One Source agreed to an in -lieu for the
construction of a right -turn lane on Chenal Estimated
cost is $25 to $30 thousand dollars.
5. That the developer agreed to construct 1/2 of the length
of the arterial on the east side of the property,
that the cost would not exceed 1/2 of the cost of 1/2 of
April 2, 1998
ITEM NO.: A Cont. FILE NO.: Z -4933-F
the width for the total boundary length.
6. That the Board of Directors denied the request for a
waiver of 1/2 commercial street improvements to Kanis
Road on the frontage of the property.
Additional requirements:
7. Dedication of right-of-way to 30 feet from centerline of
Kanis including a 20 feet radial dedication at the
northeast and southeast corner of property.
8. Dedication of right-of-way to 45 feet from centerline of
the new arterial to the east.
9. With development construct half street improvements
including sidewalks, for Kanis Road to collector
standards. Provide design of streets in accordance with
Master Street Plan prepared by Professional Civil
Engineer.
10. Construct 5 feet wide sidewalk including access ramps,
on the back of right-of-way of Chenal Parkway, and the
new arterial.
11. Stormwater detention ordinance applies to this property.
12. Chenal Parkway has a 1995 average daily traffic count of
11,000.
PUBLIC TRANSPORTATION ELEMENT
The site is not located on a Central Arkansas Transit Bus
Route.
LAND USE ELEMENT
The site is in the Ellis Mountain District. The Plan
recommends Commercial use. There is no land use plan issue.
STAFF ANALYSIS
The request before the Commission is to rezone this 1.09±
acre tract from "PCD" Planned Commercial Development to "C-
3" General Commercial. The property is currently
undeveloped and wooded. The applicant proposes unspecific
future retail development for the site once it is rezoned.
The parcel is part of the larger One Source Home Center PCD.
On December 26, 1990, Mechanics Lumber Company PCD was
approved for the 8.8± acre tract located at the southeast
corner of Chenal Parkway and Kanis Road. The PCD
established a 3 lot development with a hardware store/lumber
yard to be built on the larger of the 3 lots (Lot 1). No
uses or site plans were approved for the two smaller lots at
that time, including this subject property which was
identified as Lot 3. On December 20, 1994, Worthen Bank
2
April 2, 1998
ITEM NO.: A (Cont.) FILE NO.: Z -4933-F
Branch amended PCD was approved for Lot 2, at the corner of
Chenal and Kanis, with a bank listed as the only approved
use. On November 21, 1995, One Source Home Center amended
PCD was approved which combined the subject Lot 3 with the
larger Lot 1 to allow for expansion of the hardware
store/lumber yard and all permitted and conditional uses in
the C-3 district. On September 16, 1997, the Worthen Bank
Branch amended PCD was revoked for Lot 2 and that lot was
zoned C-3. The applicant is now requesting that this lot
(Lot 3) also be zoned C-3. This technically means the One
Source Home Center PCD will be amended to remove this 1.09±
acre tract from the PCD. This action will have the effect
of leaving the One Source Home Center on Lot 1, as it is
now. This subject property, Lot 3, can then be developed
for C-3 uses.
Staff believes the C-3 zoning request is reasonable for this
site. The Ellis Mountain District Land Use Plan recommends
Commercial for this site and the properties abutting to the
east, west and south. The Plan recommends Commercial and
Office for properties across Chenal Parkway, to the north.
The PCD zoned property to the west and south is occupied by
the One Source Home Center and Lumber Yard. A construction
company/contractor's storage yard is located to the east.
The large tracts of 0-3 and C-2 zoned properties across
Chenal Parkway are currently undeveloped and heavily wooded.
The PCD which currently covers this lot allows for all
permitted and conditional uses in the C-3 district.
Rezoning the site to C-3 will eliminate the conditional uses
as "by -right." Development of the site will have to comply
with the Chenal/Financial Centre Design Overlay District
guidelines regarding signage, lighting and utilities.
STAFF RECOMMENDATION
Staff recommends approval of the requested C-3 zoning as
conforming to the Land Use Plan and being compatible with
uses and zoning in the area.
PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
The item was placed on the Consent Agenda and approved by a
vote of 9 ayes, 0 noes and 2 absent.
3
April 2, 1998
ITEM NO.• A Cont.
FILE NO.: Z-4 33-F
STAFF UPDATE•
A disagreement has arisen between the developer and Public
Works regarding thP�lic haveob�enrequirements
backrelated
the to the
rezoning. These
issues
Planning Commission for resolution.
Revised Public Works Comments as of January 27, 1998.
Below is the result of discussion with the developer and
Board of Directors action:
1. Ordinance 17,009 gives the developer permission to
install a drive onto the new north -south arterial and
establishes a procedure for when this drive would need
to be removed.
2. The Board of Directors determined that the $20,000.00
requested for contribution towards construction of the
intersection of the arterial with Chenal was not an
appropriate request. To our knowledge there was not a
formal waiver but a determination that this request was
not appropriate.
3. That Public Works and the developer's engineer agreed
to an area of additional right-of-way at the northeast
corner of the lot for purposes of construction of a
right -turn fane at a lat of theuture amendedte. This right-of-waY is
shown on a plat prepared by White-
Daters dated January 16, 1996.
4. That One Source agreed to an in -lieu for the
construction
to thousanddollars ordeveloper may
nf rilane on ght-turn
$
cost is $ $
construct lane.
5. That the developer agreed to construct half of the
length of the arterial on the east side of the
property, but that the cost would not exceed half of
the cost of half of the width for the total boundary
length. With development construct half street
improvements including sidewalks for the arterial or
construct full width improvements half the length of
the arterial.
6. That the Board of Directors denied the request for a
waiver of half collector street improvements to Kanis
Road on the frontage of the property.
4
April 2, 1998
ITEM NO
t.
FILE NO.: Z -4933-F
Additional requirements:
7. Dedication of rinht�°20way feetoradialfeet
dedicationcenterline
the
of Kanis including property.
northeast and southeast corner of pro P
8. Dedication of right-of-way to 4
the east5 feet from centerline
of the new arteria
9. With development construct half street improvements
including sidewalks, for Kanis Road to collector
standards. Provide design of streets inasiordannalcivil
with Master Street Plan prepared by
Engineer.
ng
10. Construct k oferight-of-way aof Chenalk liPark'way, and the
on the bac
new arterial,
11. Stormwater detention ordinance applies to this
property.
12. Chenal Parkway has a 1995 average daily traffic count
of 11,000.
IT,,NNTNG COMMISSION ACTION:
(FEBRUARY 5, 1998)
Staff informed the Commission that the applicant requested a
deferral to the February 19, 1998 agenda. The item '`moved
placed on the Consent Agenda and the deferral was apP
by a vote of 11 ayes and 0 noes.
PLANNING COMMISSION ACTION:
brief introduction
further explanationturned the
o
Public Works
Staff gave a
issue over t
(FEBRUARY 19, 1998)
David Scherer, of PubiWOncludingave
Lotse1a31of the Of
the property development,es
Source Addition. He described HherPublicWorks d to itissunumbered
associated with the property.
1-12 in the agenda write-up. Mr. Scherer also reviewed the
various agreements (concerning street improvements) rched
during the rezoning actions associated with this property
since 1990.
Jim Hathaway, representing the property owner, addressed
the Commission. Mr. Hathaway stated that the street
improvements that Mr. Scherer refers to were requirements
associated with a PTOP�hedaPp icana neDerfor
agreedltonthe in
1.995. He stated that
5
April 2, 1998
ITEM NO.: A(Cont.)FILE NO.: Z -4933-F
street improvements and that the proposed expanded PCD
application was withdrawn. Mr. Hathaway also discussed the
history of the property, Lots 1-3. Mr. Hathaway stated that
he is requesting a waiver of the street improvements to
Kanis Road based on the most recent Public works
requirements. He stated that he has a problem with only two
(2) of the twelve Public Works comments. He stated that he
has a problem with comments #6 and #9. He stated that these
two comments related to Kanis Road improvements for Lot 1
and not Lot 3. Mr. Hathaway gave reasons for requesting the
waiver of the improvements.
Commissioner Hawn asked if a platting issue was involved
with this issue.
Mr. Scherer stated that Lots 1 and 2 had been final platted,
but Lot 3 had not.
There was a very detailed and lengthy discussion relating
to the boundary street improvements to Kanis Road and the
history of the property.
The Commission instructed both Mr. Scherer and Mr. Hathaway
to provide briefs to the Commission detailing their
individual views and opinions of the issues at hand along
with details regarding the history of the property and past
Planning Commission and Board of Directors actions
pertaining to the property and Kanis Road issues.
A motion was made to defer the item to the April 2, 1998
Planning Commission agenda. The motion was approved by a
vote of 11 ayes and 0 nays.
PLANNING COMMISSION ACTION:
(APRIL 2, 1998)
David Scherer, of Public Works, addressed the Commission.
He stated that the issue is whether or not the street
improvements to Kanis Road should be made adjacent to Lot 1,
One Source Addition. He stated that the improvements were
tied to the final platting of Lot 3 and that the
improvements should be done to commercial street/collector
standards. He stated that Mr. Hathaway is asking for a
waiver of the improvements.
Chairman Lichty asked if the recent north -south platted
street altered the need for improvements on Kanis.
Mr. Scherer explained that it has not.
Commissioner Putnam asked if there was a requirement for
street improvements with the development of Lot 1.
Mr. Scherer stated that there was.
6
April 2, 1998
ITEM ND.: A
Cont. FILE NO.: Z -4933-F
Commissioner Putnam asked if the improvements were waived.
Mr. Scherer stated that they were not. He stated that they
were deferred until the final platting of Lot 3.
Jim Hathaway addressed the Commission. He stated that he is
not asking for a waiver.
Chairman Lichty asked about the commitment for improvements.
Mr. Hathaway stated that the issue is that the rezoning Of
Lot 3 required
aimprted thatetherets owasonevert 1 hany agreementat were not e o do
before. He
the improvements.
There was a general discussion regarding the commitment to
do the improvements to Kanis Road adjacent to Lot I.
Chairman Lichty referred thatetherl tterseacknowledgeby Joe ltheand
Gene Pfeifer. He state
improvements to Kanis Road.
Cindy Dawson, City Attorney, stated that a case could be
made that the improvements were required with the original
PCD.
Mr. Hathaway stated that the PCD was approved without the
requirement that the improvements to Kanis Road be made then
or at a future date.
Chairman Lichty referred to the Planning Commission and
Board of Directors minutes. He stated that it was clear
that a waiver of street improvements was not approved.
Mr. Hathaway stated that the approval of the PCD, plat and
building permit did not include the requirement for the
street improvements.
Mr. Scherer stated that the conditions c,f the improvements
have nothing to do with the rezoning but with the final
platting of Lot 3. He stated that the improvementHe stated
ere
deferred until the time of final platting Lot 3.
that the street improvements for Lot 2 were deferred until
the development of that
Commissioner Downing asked about factual documents.
Jim Lawson, Director of Planning and Development, stated
that if the improvements were not waived, then there was a
requirement to do the improvements.
Commissioner Downing asked
daboout the
esinstances when the City
could have asked for the
7
April 2, 1998
ITEM NO.: A (Cont.) FILE NO.: Z -4933-F
Mr. Scherer stated that the building permit for Lot 1 was
approved, deferring the Kanis Road improvements until the
final platting of Lot 3.
Chris Parker, representing the applicant, stated that the
section of Kanis adjacent to Lot 1 was downgraded to an
unclassified street in 1995 by ordinance #15,730.
Mr. Lawson stated that commercial street standards apply to
commercial developments.
Chairman Lichty asked if two votes were needed (1 for the
waiver, 1 for the rezoning).
Dana Carney, Zoning Administrator, stated that the rezoning
had already been approved and that the only vote would be on
the waiver.
A motion was made to approve a waiver of street improvements
to Kanis Road adjacent to Lot 1, One Source Addition. The
motion failed by a vote of 1 ayes, 9 nays and 1 absent. The
waiver was denied.
8
r
11!20/97 THU 09:13 FAX 501 663 5408
November 13, 1997
ITEM 110 . : 2
Own e r
App
Location,
Reques6
P'tt rp o c-,
Size
Existing
THE HATHAFPAY GROUP
0 ,1 s
— _ FILM' too. ' Z -4933-F
Eugene m,. Pfeifer, III
James E. Hathaway, Jr.
15701 Chenal Parkway
Rezone from PCD to C-3
Futufe retail development
1.09!!- acres
vacant, �,=ood.�d tract
North C"r,elzal pa.ck�,ay Right -of --=cloy and undeveloped/
C,-3 and C-2
Sout,11- ?i r? C`:!��'.t�` waie lUuSF_ and Lumber yard, zoned POU
East - !', rifir.naCf 1.r -n. c>f! ice ar�d C{ ntractor' 8 storage
We t erre yC,1.r_.Y W3rehou5e and Lumber lard, zoned PCD
PUBLIC KOFKS MM}rNT
Below is th.e <<recu3 t of d' scussion v,ith the developer and
Board ofi.x'r
1, ordinance 17,009 gives the developer peZ-mission to
install a drive onto the new noxth-south arterial and
establishes a procedure for when this drive would need
to be removed, In��
2. The Board of Directors determined that the $20,000
requested for contribution towards construction of the
intersection of the arterial with Chenal was not an
appropriate request. To our knowledge there was not
formal waiver but a determination that this request was
not appropriate.
3, That Public Works and the developer's engineer agreed to
an area of additional right-of-way at the northeast
corner of the lot for purposes of construction of a
right -turn lane at a future date. This right-of-way is
shown on a plat of the amended PCD prepared by whi.te-
Daters dated 1-16-96.
4. That One Source agreed to an in -lieu for the
construction of a right -turn lane on Cheilal Estimated
cost is $25 to $30 thousand dollars.
5. That the developer agreed to construct 1/2 of the length
of the arterial on the east side of the property, but
Z (104
11 2+11,•'97' 'THU 09:13 FAX 501 663 5408 THE HATHAWAY GROUP Z 00:5
. 1 T
NovembE, 13, 1597
ITEM NO - - (Cont �--- F CI.E N(� . Z-49 3 9 -•
that t-, 1) not exceed 1/2 of the cost of 1/2 of
-tie total bounaary length.
')fDi_rectors denied the request for a
ommerc:ial. street improvements to Kanis
n J-1,rntaqe of the property.
7. to 30 feet from centerline of
tee radial radial dedication at the
corner of pz'operty.
8, �� :_t ,. �;;° z a-qa1fi oz -way to 4� feet from centerline of
the
9, With deveinp-mer't halt street improvements
inc-luding Ka.nia Road LU collector
staTidards_ Pt'ovirie design of streets in ar�icordance with
Master Street ila—n prepared by professional Civil
Fngi neei .
10. construo.t t �E.t wa desi(dewCL
-ik including access ramps,
on the bask of eight -or -way of thenal Parkway, and the
ne.wx
11. 8tormwatGr detertic•n ordinarcE= applies to this property.
12. ChPnal par, 11as a i99b average daisy traffic count of
11, 000 .
PUBLIC TE r.t:'�' `_ti J.:--- 1'W�
The site ison a Cei-.t_Tal Arkansas Transit Bus
Route.
LAND USE ELEMENT
The site is in the Ellis Mountain District. The Plan
recommends Commercial use. There is no land use plan issue.
STAFF ANALYSIS
The request before the Commission is to rezone this 1.091
acre tract from "PCD" Planned Commercial Z)evelopment to "C-
3" General Commercial. The property is currently
undeveloped and wooded. The applicant proposes unspecific
future retail development for the site once it is rezoned.
The parcel is part of the larger One source Home Center PCD.
on December 26, 1990, Mechanics Lumber Company PCD was
approved for the 8.8± acre tract located at the southeast
corner of Chenal Parkway and Kanis Road. The PCD
established a 3 lot development with a hardware store/luz�ber
yard to be built on the larger of the 3 lots (Lot I). No
urges or site plans were approved foi the two smaller lots at
that time, i.ncitiding this subject property which was
2