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HomeMy WebLinkAboutZ-5097-K Staff AnalysisFILE NO.: Z -5097-K Owner: Applicant: Location: Area: Request: Purpose: Existing Use: Deltic Timber Corporation White-Daters and Associates West side of Chenonceau Blvd., 1,000(+) feet south of Highway 10 23.12 Acres Rezone from R-2 and MF -12 to MF -12, 0-3 and OS Future development Undeveloped SURROUNDING LAND USE AND ZONING North — Single family residences on larger lots; zoned R-2 South — Single family residences (across Chenonceau Blvd.,); zoned R-2 East — Undeveloped property (across Chenonceau Blvd.); zoned 0-2 and C-3 West — Single family residences; zoned R-2 A. PUBLIC WORKS COMMENTS: No Comments. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Aberdeen Court, Maywood Manor, Bayonne Place and Chevaux Court Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family, Multi Family and Commercial for this property. FILE NO.: Z-5097-K(Cont.) The applicant has applied for a rezoning from MF -12 to 0-3, from R-2 to MF -12, and from R-2 and MF -12 to OS. The request does not require a change to the Land Use Plan since this is just a reconfiguration of the existing plan. Master Street Plan: Chenonceau is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III bike route is shown on Chenonceau. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right- of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: A City of Little Rock Neighborhood Plan does not cover this area. E. STAFF ANALYSIS: Deltic Timber Corporation, owner of the 23.12 Acres located on the west side of Chenonceau Blvd., 1,000 feet -plus south of Highway 10, is requesting to rezone the property from "R-2" Single Family District and "MF -12" Multifamily District to "MF -12" Multifamily District, "0-3" General Office District and "OS" Open Space District. The rezoning represents a reorganization of zoning lines with an area over 40 acres in size east of the Aberdeen Court neighborhood. Following is a description of the proposed rezoning: 1. MF -12 to 0-3 (9.38 Acres) —to enlarge an existing 0-3 zoned tract. 2. MF -12 to OS (0.93 Acre) —east side of Chenonceau Park. 3. R-2 to OS (6.08 Acres) — north and west sides of Chenonceau Park and along east boundary of Aberdeen Court Neighborhood. 4. R-2 to MF -12 (6.37 Acres) —west of existing MF -12 zoned tract. The property is currently undeveloped and mostly wooded, with varying degrees of slope. The Aberdeen Court single family development is 2 FILE NO.: Z -5097-K located to the west, with the Bayonne neighborhood to the south across Chenonceau Blvd. Single family residences on larger lots are located to the north, with various nonresidential uses and zoning along Highway 10. Undeveloped 0-2 and C-3 zoned property is located across Chenonceau Blvd. to the east. The City's Future Land Use Plan designates the property as Single Family, Multifamily and Office. The requested rezoning does not require an amendment to the Future Land Use Plan based on the fact that it is a reconfiguration of zoning lines within an existing plan area. Staff is supportive of the requested rezoning. Staff views the request as an appropriate revision of zoning lines within an area of existing R-2, MF - 12 and 0-3 zoning. The proposed plan will create an OS buffer along the east side of the Aberdeen Court Neighborhood, which currently does not exist. The OS strip is 100 feet wide at its narrowest point, widening to several hundred feet wide along the west side of Chenonceau Park. The proposed rezoning will enlarge the existing 0-3 zoning by 9.38 acres and have a net decrease of approximately four (4) acres in the MF -12 zoning. Staff believes the reconfiguration of zoning lines within this area along Chenonceau Blvd. will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF -12, 0-3 and OS rezoning. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) Staff informed the Commission that the applicant submitted a letter to staff on January 15, 2008 requesting the application be deferred to the February 28, 2008 Agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Bill Spivey and Tim Daters were present, representing the application. There were several persons present in opposition. Staff presented the application with 3 FILE NO.: Z -5097-K (Cont. a recommendation of approval. Staff noted that the applicant had amended the application to have the west 50 feet of the proposed MF -12 zoning to be an undisturbed buffer. Bill Spivey and Tim Daters addressed the Commission in support of the application. Mr. Daters explained the proposed rezoning. Mr. Spivey explained the reconfiguration of existing zoning lines. He noted that portions of the overall property were already zoned MF -12 and 0-3. Edward Oglesby addressed the Commission in opposition. He noted that he represented the Aberdeen POA. He noted that there were a number of Aberdeen residents present. He stated that the only objection was to the portion being rezoned from R-2 to MF -12. He explained that the residents were fine with leaving the property immediately east of Aberdeen R-2. He noted Deltic's future plan previously designated a school east of Aberdeen. Glenyce Feeney also addressed the Commission in opposition. She explained that Deltic Timber had represented the property east of Aberdeen as a buffer area. She noted the multifamily zoning would devalue her property. Commissioner Laha asked about the buffer promised by Deltic. Commissioner Nunnley asked if there was anything in writing about the buffer. Ms. Feeney stated that there was not and explained. Mr. Nunnley asked who told her about the buffer. She stated that it was Gene Eberle, a real estate agent. Tarena Word also spoke in opposition. She noted that her lot backed up to the proposed OS zoning. She explained that she did not think there would ever be any development east of her lot. Mary Ryan also spoke in opposition. She stated that she opposed the application for two (2) reasons; impact on quality of life and impact on property values. She explained that she had asked for a 300 -foot buffer area but Deltic was not agreeable. Maria Ryan also made statements in opposition. Frank Pohlkamp, president of the Bayonne POA, also spoke in opposition. He objected to the location of the MF -12 zoning to the entrance of the Bayonne Subdivision. He made several recommendations to the Commission. He noted that condos would be preferred to apartments. He requested using the Planning Zoning Development process for development of the property. He suggested a green -space buffer along Chenonceau Blvd. He also suggested moving the MF zoning closer to Highway 10 and changing it to MF -6. Bill Spivey addressed the neighbors' comments. He noted that Deltic Timber has been working with the Aberdeen and Bayonne POA's. He asked if the Commission could vote on the 0-3 portion of the application and defer the 0 E NO.: Z -5097-K (Cont. remainder. The issue of deferring part of the application was discussed. Mr. Spivey asked to amend the application to have a vote on the 0-3 portion and withdraw, without prejudice, the remainder of the application to be refiled. Mr. Pohlkamp and Mr. Oglesby expressed opposition to the amendment. This issue was discussed further. Staff noted that the entire application should be deferred. Mr. Spivey noted that he would defer the entire application. Additional comments were made regarding the deferral. Mr. Oglesby noted that the Aberdeen neighborhood would not support the application unless a 300 -foot buffer were provided. There was a motion to defer the application to the April 10, 2008 Agenda. Commissioner Nunnley asked if Deltic Timber ever provided written documentation to owners regarding how the property immediately east of the Aberdeen neighborhood would be developed. Mr. Spivey noted that older plan maps of the Chenal area showed a school at this location, but no written assurance was ever given by Deltic, it was only shown on a map. The motion to defer was passed by a vote of 7 ayes, 3 nays and 1 absent. The application was deferred to the April 10, 2008 Agenda. PLANNING COMMISSION ACTION: (APRIL 10, 2008) Bill Spivey and Tim Daters were present, representing the application. There were seven persons present in opposition. Staff presented the application and noted that the applicant had revised the application to increase the proposed OS zoning along the east side of the Aberdeen neighborhood to 8.09 acres with a minimum width of 200 feet, and to have the west 100 feet of the proposed MF -12 zoning be an undisturbed buffer area. Staff supported the revised application, noting that the Aberdeen Neighborhood Association had submitted a letter also supporting the revised application. Bill Spivey addressed the Commission in support of the application. He noted that he had met with the Aberdeen and Bayonne Neighborhood Associations. He noted that Aberdeen was supportive of the revised application but he was unable to satisfy Bayonne's objection. Frank Pholkamp, of the Bayonne POA, spoke in opposition. He explained that the proposed MF -12 was different from what Deltic Timber had presented for the property in the past. He requested deferral until the issue is resolved. Mr. Spivey noted that Deities future plan maps for the Chenal area showed this area as multifamily. He explained that there are no pending development plans for the property. Commissioner Rector asked how much MF -12 zoning currently existed at this location. Tim Daters explained that there was approximately 32 acres of MF -12 and it would be reduced to approximately 26 acres. 5 FILE NO.: Z -5097-K Cont. Commissioner Rector explained that the existing MF -1,2 zoning was being reduced by six {5} acres and that he supported the application. Commissioner Hargraves concurred with Mr. Rector, noting that the applicant had worked with the Aberdeen Neighborhood and addressed their concerns. There was a motion to approve the revised application as recommended by staff. The motion passed by a vote of 11 ayes and 0 nays. The revised application was approved. L April 10, 2008 ITEM NO.: C Owner: Applicant: Location: Area: Request: Purpose: Existing Use: FILE NO.: Z -5097-K Deltic Timber Corporation White-Daters and Associates West side of Chenonceau Blvd., 1,000(+) feet south of Highway 10 23.12 Acres Rezone from R-2 and MF -12 to MF -12, 0-3 and OS Future development Undeveloped SURROUNDING LAND USE AND ZONING 0 IV North — Single family residences on larger lots; zoned R-2 South — Single family residences (across Chenonceau Blvd.,); zoned R-2 East — Undeveloped property (across Chenonceau Blvd.); zoned 0-2 and C-3 West — Single family residences; zoned R-2 PUBLIC WORKS COMMENTS: No Comments. PUBLIC TRANSPORTATION ELEMENT: The site is not located on CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified, and the Aberdeen Court, Maywood Manor, Bayonne Place and Chevaux Court Neighborhood Associations were notified of the public hearing. April 10, 2008 ITEM Na: C (Cont. D. LAND USE ELEMENT: E FILE NO.: 2-5097-K This request is located in the Chenal Planning District. The Land Use Plan shows Single Family, Multi Family and Commercial for this property. The applicant has applied for a rezoning from MF -12 to 0-3, from R-2 to MF -12, and from R-2 and MF -12 to OS. The request does not require a change to the Land Use Plan since this is just a reconfiguration of the existing plan. Master Street Plan: Chenonceau is shown as a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicvcle Plan: A Class III bike route is shown on Chenonceau. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right- of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: A City of Little Rock Neighborhood Plan does not cover this area. STAFF ANALYSIS: Deltic Timber Corporation, owner of the 23.12 Acres located on the west side of Chenonceau Blvd., 1,000 feet -plus south of Highway 10, is requesting to rezone the property from R-2 Single Family District and "MF -12" Multifamily District to "MF -12" Multifamily District, "0-3" General Office District and "OS" Open Space District. The rezoning represents a reorganization of zoning lines with an area over 40 acres in size east of the Aberdeen Court neighborhood. Following is a description of the proposed rezoning: 1. MF -12 to 0-3 (9.38 Acres) —to enlarge an existing 0-3 zoned tract. 2. MF -12 to OS (0.93 Acre) — east side of Chenonceau Park. 3. R-2 to OS (6.08 Acres) — north and west sides of Chenonceau Park and along east boundary of Aberdeen Court Neighborhood. K April 10, 2008 ITEM NO: C Cont. FILE NO.: Z -5097-K 4. R-2 to MF -12 (6.37 Acres) —west of existing MF -12 zoned tract. The property is currently undeveloped and mostly wooded, with varying degrees of slope. The Aberdeen Court single family development is located to the west, with the Bayonne neighborhood to the south across Chenonceau Blvd. Single family residences on larger lots are located to the north, with various nonresidential uses and zoning along Highway 10. Undeveloped 0-2 and C-3 zoned property is located across Chenonceau Blvd. to the east. The City's Future Land Use Plan designates the property as Single Family, Multifamily and Office. The requested rezoning does not require an amendment to the Future Land Use Plan based on the fact that it is a reconfiguration of zoning lines within an existing plan area. Staff is supportive of the requested rezoning. Staff views the request as an appropriate revision of zoning lines within an area of existing R-2, MF - 12 and 0-3 zoning. The proposed plan will create an OS buffer along the east side of the Aberdeen Court Neighborhood, which currently does not exist. The OS strip is 100 feet wide at its narrowest point, widening to several hundred feet wide along the west side of Chenonceau Park. The proposed rezoning will enlarge the existing 0-3 zoning by 9.38 acres and have a net decrease of approximately four (4) acres in the MF -12 zoning. Staff believes the reconfiguration of zoning lines within this area along Chenonceau Blvd. will have no adverse impact on the adjacent properties or the general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested MF -12, 0-3 and OS rezoning. PLANNING COMMISSION ACTION: (JANUARY 17, 2008) Staff informed the Commission that the applicant submitted a letter to staff on January 15, 2008 requesting the application be deferred to the February 28, 2008 Agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent the Commission voted to waive their bylaws and accept the request for deferral being less than five (5) working days prior to the public hearing. 3 April 10, 2008 ITEM NO: C Cont. FILE NO.: Z -5097-K The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the February 28, 2008 Agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. PLANNING COMMISSION ACTION: (FEBRUARY 28, 2008) Bill Spivey and Tim Daters were present, representing the application. There were several persons present in opposition. Staff presented the application with a recommendation of approval. Staff noted that the applicant had amended the application to have the west 50 feet of the proposed MF -12 zoning to be an undisturbed buffer. Bill Spivey and Tim Daters addressed the Commission in support of the application. Mr. Daters explained the proposed rezoning. Mr. Spivey explained the reconfiguration of existing zoning lines. He noted that portions of the overall property were already zoned MF -12 and 0-3. Edward Oglesby addressed the Commission in opposition. He noted that he represented the Aberdeen POA. He noted that there were a number of Aberdeen residents present. He stated that the only objection was to the portion being rezoned from R-2 to MF -12. He explained that the residents were fine with leaving the property immediately east of Aberdeen R-2. He noted Deltic's future plan previously designated a school east of Aberdeen. Glenyce Feeney also addressed the Commission in opposition. She explained that Deltic Timber had represented the property east of Aberdeen as a buffer area. She noted the multifamily zoning would devalue her property. Commissioner Laha asked about the buffer promised by Deltic. Commissioner Nunnley asked if there was anything in writing about the buffer. Ms. Feeney stated that there was not and explained. Mr. Nunnley asked who told her about the buffer. She stated that it was Gene Eberle, a real estate agent. Tarena Word also spoke in opposition. She noted that her lot backed up to the proposed OS zoning. She explained that she did not think there would ever be any development east of her lot. Mary Ryan also spoke in opposition. She stated that she opposed the application for two (2) reasons; impact on quality of life and impact on property values. She explained that she had asked for a 300 -foot buffer area but Deltic was not agreeable. Maria Ryan also made statements in opposition. April 10, 2008 ITEM NO: C (Cont.) FILE NO.: Z -5097-K Frank Pohlkamp, president of the Bayonne POA, also spoke in opposition. He objected to the location of the MF -12 zoning to the entrance of the Bayonne Subdivision. He made several recommendations to the Commission. He noted that condos would be preferred to apartments. He requested using the Planning Zoning Development process for development of the property. He suggested a green -space buffer along Chenonceau Blvd. He also suggested moving the MF zoning closer to Highway 10 and changing it to MF -6. Bill Spivey addressed the neighbors' comments. He noted that Deltic Timber has been working with the Aberdeen and Bayonne POA's. He asked if the Commission could vote on the 0-3 portion of the application and defer the remainder. The issue of deferring part of the application was discussed. Mr. Spivey asked to amend the application to have a vote on the 0-3 portion and withdraw, without prejudice, the remainder of the application to be refiled. Mr. Pohlkamp and Mr. Oglesby expressed opposition to the amendment. This issue was discussed further. Staff noted that the entire application should be deferred. Mr. Spivey noted that he would defer the entire application. Additional comments were made regarding the deferral. Mr. Oglesby noted that the Aberdeen neighborhood would not support the application unless a 300 -foot buffer were provided. There was a motion to defer the application to the April 10, 2008 Agenda. Commissioner Nunnley asked if Deltic Timber ever provided written documentation to owners regarding how the property immediately east of the Aberdeen neighborhood would be developed. Mr. Spivey noted that older plan maps of the Chenal area showed a school at this location, but no written assurance was ever given by Deltic, it was only shown on a map. The motion to defer was passed by a vote of 7 ayes, 3 nays and 1 absent. The application was deferred to the April 10, 2008 Agenda. PLANNING COMMISSION ACTION: (APRIL 10, 2008) Bill Spivey and Tim Daters were present, representing the application. There were seven persons present in opposition. Staff presented the application and noted that the applicant had revised the application to increase the proposed OS zoning along the east side of the Aberdeen neighborhood to 8.09 acres with a minimum width of 200 feet, and to have the west 100 feet of the proposed MF -12 zoning be an undisturbed buffer area. Staff supported the revised application, noting that the Aberdeen Neighborhood Association had submitted a letter also supporting the revised application. Bill Spivey addressed the Commission in support of the application. He noted that he had met with the Aberdeen and Bayonne Neighborhood Associations. He noted that Aberdeen was supportive of the revised application but he was unable to satisfy Bayonne's objection. 5 April 10, 2008 ITEM NO: C Cont. FILE NO.: Z -5097-K Frank Pholkamp, of the Bayonne POA, spoke in opposition. He explained that the proposed MF -12 was different from what Deltic Timber had presented for the property in the past. He requested deferral until the issue is resolved. Mr. Spivey noted that Deltic's future plan maps for the Chenal area showed this area as multifamily. He explained that there are no pending development plans for the property. Commissioner Rector asked how much MF -12 zoning currently existed at this location. Tim Daters explained that there was approximately 32 acres of MF -12 and it would be reduced to approximately 26 acres. Commissioner Rector explained that the existing MF -12 zoning was being reduced by six (6) acres and that he supported the application. Commissioner Hargraves concurred with Mr. Rector, noting that the applicant had worked with the Aberdeen Neighborhood and addressed their concerns. There was a motion to approve the revised application as recommended by staff. The motion passed by a vote of 11 ayes and 0 nays. The revised application was approved. 0