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HomeMy WebLinkAboutZ-5801 Staff AnalysisMarch 22, 1994 ITEM NO.: 15 FILE NO.: Z-5801 NAME: MEDICAL ELECTRONICS, INC. -- SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: On the south side of Lawson Rd., approximately 0.6 miles west of Colonel Glenn Rd. DEVELOPER: ENGINEER: PATRICK H. MORRIS J. RANDALL MEDICAL ELECTRONICS, INC. 18700 Vimy 13311A Lawson Rd. Alexander, Little Rock, AR 72210 847-2665 225-8077 AREA: 1.8 ACRES NUMBER OF LOTS: 1 ZONING• R-2 PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 MANNES, P.E., P.L.S. Ridge Rd. AR 72002 ' FT. NEW STREET: 0 PROPOSED USES: Commercial VARIANCES REOUESTED: Waiver from the requirement to provide Master Street Plan improvements along the Lawson Rd. frontage. STATEMENT OF PROPOSAL: The applicant proposes a PCD in order to expand an existing non- conforming use. The applicant, Medical Electronics, Inc., leases space to Hospital Equipment Engineering Services and to Champion Builders, Inc., They occupy a 30 foot by 60 foot, 1,800 square foot building. Hospital Equipment Engineering Services employs 3 persons, and maintains office space and a laboratory for the repair of medical equipment. The laboratory has one technician and does not create a noise or environmental hazard. Champion Builders maintains general offices for their construction operation. A small, 15 foot by 15 foot accessory building is used for storage of small items, and, occasionally, a construction trailer is parked on the site pending its relocation to a construction site. Champion Builders does not maintain a material yard on the site. The two occupants have outgrown their present facilities, and propose to construct a'second duplicate building immediately behind the existing building. Champion Builders would expand to occupy the existing building; Medical Electronics would occupy the new building. A drive would be extended from the existing parking lot to the new parking area to be constructed. Sewer disposal for the existing facility is by way of a septic tank. An additional septic tank is proposed for the new building. Existing mature hedges are in place along the east and west March 22, 1994 SUBDIVISION ITEM NO.: 15 (Continued) FILE NO.: 2--5801 property lines, and these are sufficient, the applicant states, to provide the required landscape screening. The applicant proposes to dedicate the required right-of-way along the Lawson Rd. frontage, but asks for a waiver from the requirement to construct the Master Street Plan improvements. A. PROPOSAWREQUEST: Review by the Planning Commission and approval by the Board of Directors is requested for the establishment of a PCD for Medical Electronics, Inc. The applicant requests approval to construct an second office building on the site, immediately south of the existing building, and to expand the present two uses. Champion Builders, who occupies one-half of the existing building, is proposed to expand into the entire building. Hospital Equipment Engineering Services, who occupies the remaining one-half of the existing building, is proposed to relocate to the new building. The new building will entail the construction of a second parking area and the construction of an additional septic tank. The existing 15 foot by 15 foot storage building on the site is to remain. Dedication of the required right-of-way for Lawson Rd. is provided; however, a waiver from the Master Street Plan improvements is requested. B. EXISTING CONDITIONS: The site is outside the Little Rock City Limits, but is inside the City's Planning Boundary. The setting is rural, with scattered homes on large tracts. The most prominent characteristic of the area is that it is a farming area. There is, however, a church building located on the property immediately to the east of the proposed PCD site. The site is currently occupied by an office building, which is a non -conforming use in a residential area. The land is level and cleared. The existing zoning of the site is R-2. The land to the east, south, and west is zoned R-2. Immediately across Lawson Rd. to the north is a large AF area. C. ENGINEERING UTILITY COMMENTS: Engineering reports that the Ordinance will require dedication of additional right-of-way along the Lawson Rd. frontage, and will require construction of Master Street Plan improvements. The Stormwater Detention and Excavation Ordinances are applicable. Water Works has no comments. Fa March 22, 1994 SUBDIVISION ITEM NO_: 15 (Continued) FILE NO.: Z-5801 Wastewater reports that the site is outside the service boundary of the utility. Arkansas Power & Light Co., and Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require a 5 foot easement along the west, south, and east property lines. Landscape review reports that the site will be required to be screened from the residential properties to the South, east, and west. The screen may be a 6 foot high "good neighbor" wood fence or be dense evergreen plantings. Existing and proposed vehicular use areas will have to comply with the Landscape Ordinance. D. ISSUESILEGAL/TECHNICALIDESIGN: In response to the Subdivision Committee comments, the applicant has submitted all required exhibits except for the landscape plan. The applicant states that the existing hedges on the east and west property lines will provide the required screening device. The Planning Staff reports that the site is in the Crystal Valley District. The Land Use Plan recommends single family development of the area. There have been no changes to justify amending the Plan to permit commercial uses in the area. E. ANALYSIS• The remaining items which are required for a complete PCD application are minimal. The landscape plan and meeting the requirement for parking lot landscaping are the major item remaining to be submitted. There are, therefore, only minor and easily corrected deficiencies at the time of this writing. The Land Use Plan recommends the property uses for the area to be single-family residential. The proposed use is in conflict with the Plan. F. STAFF RECOMMENDATIONS: Staff recommends denial of the request. 3 March 22, 1994, SUBDIVISION ITEM NO.: 15 Continued FILE Na.: Z-5801 SUBDIVISION COMMITTEE COMMENT: (MARCH 3, 1994) The applicant, Mr. Pat Morris, and the project engineer, Mr. Randy Mannes, were present. Staff outlined the request, and the Committee reviewed the discussion outline comments with the applicant and engineer. Mr. Mannes responded that all required documents and information would be forthcoming. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (MARCH 22, 1994)' Staff presented the item and indicated that the applicant had requested a waiver from the requirement to make Master Street Plan improvements along the Lawson Rd. frontage of the property. Mr. Randy Mannes, the engineer for the project, addressed the Commission. He introduced Mr. Pat Morris as the applicant and owner of Medical Electronics, Inc. Mr. Mannes outlined the proposal, indicating that Mr. Morris owns the 1.8 acre tract, which he purchased in 1981. The tract, when purchased, contained the building as it now stands, with the building having been constructed in the late 70's. Mr. Morris occupies one-half of the building with his medical electronics service business. Champion Builders occupies the other one-half with its construction company office. Mr. Morris is requesting, he continued, to duplicate the size and style of the existing building in a new building to be build directly behind the present facility. Mr. Morris would occupy the new building; Champion Builders would occupy the entire existing building. There would be, then, no change in use of the property. Mr. Mannes presented the Commission a series of photography of the area showing the church next door, the 2 cabinet shops within a few hundred feet, the electrical construction business in the area, the automobile repair/body shop within a few hundred feet, the upholstery shop almost directly across the street, as well as of the applicant's site. He mentioned that a new church had recently been approved for the area. He stated that, within one mile of the applicant's business, there are 2 churches and 8 businesses. The area is zoned R-2, yet there are 10 non- residential uses already in existence. Mr. Mannes explained that Mr. Morris services hospital and clinic electronic equipment, and that, primarily, the work is done at the various hospitals and clinics. 4 March 22, 1994 SUBDIVISION ITEM NO.: 15 (Continued) FILE NO.: Z -58-_d1 Mr. Mannes asserted that the addition of the new building to the site would have no effect on the Lawson Rd. area. The same 2 businesses would be on the site. The two businesses are quiet office uses. Commissioner Oleson asked staff for clarification of the recommendation for denial. Ron Newman, of the Planning staff, responded that the Land Use Plan shows the area to be for single-family use. He explained that when the extraterritorial study was done a few year's back, staff found many good, legitimate businesses in the area, but that they are scattered; that there is no pattern to their location. From a planning standpoint, the location of commercial uses should be clustered at major road intersections. In the .Crystal valley district, clustered businesses were found along Crystal valley Rd., but, along Lawson Rd., the businesses are scattered. There is a category called "existing business node" designation, which requires a cluster of at least 3 commercial uses, but the business along Lawson Rd. do not meet this criteria. There is, then, no mechanism for dealing with the businesses in the area; therefore, staff recommended denial of the zoning request. Commissioner McDonald indicated that he is generally supportive of requests to allow non -conforming uses in the extraterritorial areas to continue, but that his support is normally for owners of businesses caught in the non -conforming situation. He questioned Mr. Mannes and Mr. Morris regarding Mr. Morris having a tenant who shares the building, saying that if Mr. Morris did not have a tenant, there would be no need to build another building. Mr. Mannes explained that Champion Builders had been a long-term tenant, in fact, had been a tenant since Mr. Morris had bought the property. Mr. Morris explained that his business is growing, and that the added space he needs is primarily for additional manuals. Commissioner McDonald pointed out that J. A. Fair High School which is within the area of the applicant's business, and is another non-residential use. Commissioner Willis asked the applicant whether he would expect to outgrow the new building. Mr. Mannes responded that it had taken 13 years to need to expand, and that he would be doubling his available space with the construction of the new building. 5 March 22, 1994 , SUBDIVISION ITEM NO.: 15 [Continued] FILE NO.: Z-5801 Commissioner Nicholson indicated that she is familiar with Mr. Morris' business, and had been to his office on several occasions. She indicated that it was really an office use, and asked why it was not considered for a POD designation in lieu of a PCD designation. Staff responded that the Champion Builders narrative had included a statement that construction site office trailers and trucks or equipment are sometimes stored on the site; therefore, the PCD designation was chosen. Commissioner Nicholson indicated that she has a struggle with the imposition of strict requirements on businesses in the extraterritorial area; that if we vote to deny the use, we force the businesses out. Addressing the applicant, however, she .indicated that she was not supportive of the request for a total waiver of the street improvements along Lawson Rd. Maybe, she continued, the applicant should put up an "in -lieu" contribution for the costs of improvements which would be made at some later date. Staff responded that an "in -lieu" contribution is not appropriate in a situation such as the applicant's. where there is no planned improvement project, the City does not take "in -lieu" payments. A deferral for a certain number of years, on the other hand, is the way deferrals are normally handled. Commissioner Nicholson replied that since the Lawson Rd. area is rural, in 3 or 5 years, it may not be appropriate to have the applicant build a 4 or 5 lane roadway for the 167 foot frontage of his property. The requirement to construct the street should be tied to whether development has caught up with a need for such a street in the area. Staff reported that the Board of Directors, in its recent approval of the church in the area, had approved a 5 -year deferral of the street improvements. Deputy City Attorney Steve Giles added that there is nothing to prohibit the applicant from seeking an additional deferral in 5 years, if the development is still sparse and there is no justification for requiring the improvements at that time. The applicant was asked if he would agree to an amendment of his request to substitute a deferral for the requested waiver. The applicant indicated that he would request a 5 -year deferral of the street improvements requirement. 6 March 22, 1994 SUBDIVISION ITEM NO.: 15 Continued FILE Z-5841 A motion was made and seconded to recommend approval of the PCD and of the 5 -year deferral of the street improvements. The motion carried with the vote of 8 ayes, 1 nay, 2 absent, and no abstentions. Mr. Newman reported that, since staff had recommended denial of the request, no Land Use Plan amendment had been prepared. He indicated that staff did not know how to handle the situation, since it would be inappropriate to show a commercial node in an area that does not meet the requirements for such a designation. Commissioner Walker said that he had always maintained that it is not "spot zoning" when the Commission finds that there is justification for the use, as is the case in the applicant's situation. Mr. Newman said that staff would determine an appropriate means of dealing with the situation, and indicated that further thought and discussion needs to be had on how to handle these types of situation. 7 1. Meetinq Date: April 19, 1994 2. Case No.: Z-5801 3. Regj;est: Establishment of MEDICAL ELECTRONICS, INC. SHORT -FORM PCD 4. Location: On the south side of Lawson Rd., approximately 0.6 miles west of Colonel Glenn Road, outside the City Limits. 5. Owner/Applicant: Patrick H. Morris 6. Existin acus: Commercial (legal non -conforming); Zoned R-2, Single -Family District 7. Proposed Use: Commercial 8. Staff Recommendation: Denial 9. Planning Commission Recommendation: Approval 10. Conditions or Issues Remaining to b!�!_Resolved: Deferral of street improvements on Lawson Road 11. Right -of -Way Is ues: None 12. Recommendation Forwarded with: A vote of 8 ayes, 1 nay, 2 absent, and 0 abstentions 13. Objectors: None 14. Neighborhood Plan: Crystal Valley (17) ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AND ESTABLISHING A PLANNED COMMERCIAL DISTRICT TITLED MEDICAL ELECTRONICS, INC. SHORT -FORM PCD (Z-5801), AND LOCATED ON THE SOUTH SIDE OF LAWSON ROAD, APPROXIMATELY 0.6 MILES WEST OF COLONEL GLENN ROAD IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK; 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 described property be changed from R-2 to PCD. A parcel of land in Section 20, T -1-N, R -13-W, and located on the south side of Lawson Road, approximately 0.6 miles west of Colonel Glenn Road, Little Rock, Arkansas, being more particularly described as follows: Beginning 25.0' south and 297.5' west of the NE corner of the W 1/2, NW 1/4, SE 1/4 of the said section 20, thence S 470.0'; thence W 167.0'; thence N 470.0'; thence E 167.0' to the POB, and containing 1.8018 acres, more or less. SECTION 2. That the preliminary site development plan/plat be approved as recommended by the Little Rock Planning Commission. SECTION 3. That the change in zoning classification contemplated for MEDICAL ELECTRONICS, INC. SHORT -FORM PCD is conditioned upon obtaining a final plan approval within the time specified by Chapter 36, Article VII, Section 36-454(d) of the Code of Ordinances. SECTION 4. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock, Arkansas, and the designated district map be and it is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 5. That this ORDINANCE shall take effect and be in full force upon final approval of the plan. PASSED: ATTEST: City Clerk APPROVED: Mayor FILE NO.: Z-5801 NAME: MEDICAL ELECTRONICS, INC. -- SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: On the south side of Lawson Rd., approximately 0.6 miles west of Colonel Glenn Rd. DEVELOPER: ENGINEER: PATRICK H. MORRIS J. RANDALL MANNES, P.E., P.L.S. MEDICAL ELECTRONICS, INC. 18700 Vimy Ridge Rd. 13311A Lawson Rd. Alexander, AR 72002 Little Rock, AR 72210 847-2665 225-8077 AREA: 1.8 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Commercial PLANNING DISTRICT: 17 CENSUS TRACT: 42.08 VARIANCES REQUESTED: Waiver from the requirement to provide Master Street Plan improvements along the Lawson Rd. frontage. STATEMENT OF PROPOSAL: The applicant proposes a PCD in order to expand an existing non- conforming use. The applicant, Medical Electronics, Inc., leases space to Hospital Equipment Engineering Services and to Champion Builders, Inc., They occupy a 30 foot by 60 foot, 1,800 square foot building. Hospital Equipment Engineering Services employs 3 persons, and maintains office space and a laboratory for the repair of medical equipment. The laboratory has one technician and does not create a noise or environmental hazard. Champion Builders maintains general offices for their construction operation. A small, 15 foot by 15 foot accessory building is used for storage of small items, and, occasionally, a construction trailer is parked on the site pending its relocation to a construction site. Champion Builders does not maintain a material yard on the site. The two occupants have outgrown their present facilities, and propose to construct a second duplicate building immediately behind the existing building. Champion Builders would expand to occupy the existing building; Medical Electronics would occupy the new building. A drive would be extended from the existing parking lot to the new parking area to be constructed. Sewer disposal for the existing facility is by way of a septic tank. An additional septic tank is proposed for the new building. Existing mature hedges are in place along the east and west property lines, and these are sufficient, the applicant states, FILE NO.: Z-5801 Continued to provide the required landscape screening. The applicant proposes to dedicate the required right-of-way along the Lawson Rd. frontage, but asks for a waiver from the requirement to construct the Master Street Plan improvements. A. PROPOSAL Z RE CTEST: Review by the Planning Commission and approval by the Board of Directors is requested for the establishment of a PCD for Medical Electronics, Inc. The applicant requests approval to construct an second office building on the site, immediately south of the existing building, and to expand the present two uses. Champion Builders, who occupies one-half of the existing building, is proposed to expand into the entire building. Hospital Equipment Engineering Services, who occupies the remaining one-half of the existing building, is proposed to relocate to the new building. The new building will entail the construction of a second parking area and the construction of an additional septic tank. The existing 15 foot by 15 foot storage building on the site is to remain. Dedication of the required right-of-way for Lawson Rd. is provided; however, a waiver from the Master Street Plan improvements is requested. B. EXISTING CONDITIONS: The site is outside the Little Rock City Limits, but is inside the City's Planning Boundary. The setting is rural, with scattered homes on large tracts. The most prominent characteristic of the area is that it is a farming area. There is, however, a church building located on the property immediately to the east of the proposed PCD site. The site is currently occupied by an office building, which is a non -conforming use in a residential area. The land is level and cleared. The existing zoning of the site is R-2. The land to the east, south, and west is zoned R-2. Immediately across Lawson Rd. to the north is a large AF area. C. ENGINEERING UTILITY COMMENTS: Engineering reports that the Ordinance will require dedication of additional right-of-way along the Lawson Rd. frontage, and will require construction of Master Street Plan improvements. The Stormwater Detention and Excavation Ordinances are applicable. Water Works has no comments. wastewater reports that the site is outside the service boundary of the utility. 2 FILE NO.: Z-5801 Continued Arkansas Power & Light Co., and Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. will require a 5 foot easement along the west, south, and east property lines. Landscape review reports that the site will be required to be screened from the residential properties to the south, east, and west. The screen may be a 6 foot high "good neighbor" wood fence or be dense evergreen plantings. Existing and proposed vehicular use areas will have to comply with the Landscape Ordinance. D. ISSUES/LEGAL/TECHNICAL/DESIGN: In response to the Subdivision Committee comments, the applicant has submitted all required exhibits except for the landscape plan. The applicant states that the existing hedges on the east and west property lines will provide the required screening device. The Planning Staff reports that the site is in the Crystal Valley District. The Land Use Plan recommends single family development of the area. There have been no changes to justify amending the Plan to permit commercial uses in the area. E. ANALYSIS: The remaining items which are required for a complete PCD application are minimal. The landscape plan and meeting the requirement for parking lot landscaping are the major item remaining to be submitted. There are, therefore, only minor and easily corrected deficiencies at the time of this writing. The Land Use Plan recommends the property uses for the area to be single-family residential. The proposed use is in conflict with the Plan. F. STAFF RECOMMENDATIONS: Staff recommends denial of the request. SUBDIVISION COMMITTEE COMMENT: The applicant, Mr. Pat Morris, and the Mr. Randy Mannes, were present. Staff the Committee reviewed the discussion 3 (MARCH 3, 1994) project engineer, outlined the request, and outline comments with the FILE NO.: Z-5801 (Continued) applicant and engineer. Mr. Mannes responded that all required documents and information would be forthcoming. The Committee forwarded the item to the Commission for the public hearing. PLANNING COMMISSION ACTION: (MARCH 22, 1994) Staff presented the item and indicated that the applicant had requested a waiver from the requirement to make Master Street Plan improvements along the Lawson Rd. frontage of the property. Mr. Randy Mannes, the engineer for the project, addressed the Commission. He introduced Mr. Pat Morris as the applicant and owner of Medical Electronics, Inc. Mr. Manns outlined the proposal, indicating that Mr. Morris owns the 1.8 acre tract, which he purchased in 1981. The tract, when purchased, contained the building as it now stands, with the building having been constructed in the late 70's. Mr. Morris occupies one-half of the building with his medical electronics service business. Champion Builders occupies the other one-half with its construction company office. Mr. Morris is requesting, he continued, to duplicate the size and style of the existing building in a new building to be build directly behind the present facility. Mr. Morris would occupy the new building; Champion Builders would occupy the entire existing building. There would be, then, no change in use of the property. Mr. Mannes presented the Commission a series of photography of the area showing the church next door, the 2 cabinet shops within a few hundred feet, the electrical construction business in the area, the automobile repair/body shop within a few hundred feet, the upholstery shop almost directly across the street, as well as of the applicant's site. He mentioned that a new church had recently been approved for the area. He stated that, within one mile of the applicant's business, there are 2 churches and 8 businesses. The area is zoned R-2, yet there are 10 non- residential uses already in existence. Mr. Mannes explained that Mr. Morris services hospital and clinic electronic equipment, and that, primarily, the work is done at the various hospitals and clinics. Mr. Mannes asserted that the addition of the new building to the site would have no effect on the Lawson Rd. area. The same 2 businesses would be on the site. The two businesses are quiet office uses. Commissioner Oleson asked staff for clarification of the recommendation for denial. 4 FILE NO.: Z-5801 Continued Ron Newman, of the Planning staff, responded that the Land Use Plan shows the area to be for single-family use. He explained that when the extraterritorial study was done a few years back, staff found many good, legitimate businesses in the area, but that they are scattered; that there is no pattern to their location. From a planning standpoint, the location of commercial uses should be clustered at major road intersections. In the Crystal Valley district, clustered businesses were found along Crystal Valley Rd., but, along Lawson Rd., the businesses are scattered. There is a category called "existing business node" designation, which requires a cluster of at least 3 commercial uses, but the business along Lawson Rd. do not meet this criteria. There is, then, no mechanism for dealing with the businesses in the area; therefore, staff recommended denial of the zoning request. Commissioner McDonald indicated that he is generally supportive of requests to allow non -conforming uses in the extraterritorial areas to continue, but that his support is normally for owners of businesses caught in the non -conforming situation. He questioned Mr. Mannes and Mr. Morris regarding Mr. Morris having a tenant who shares the building, saying that if Mr. Morris did not have a tenant, there would be no need to build another building. Mr. Mannes explained that Champion Builders had been a long-term tenant, in fact, had been a tenant since Mr. Morris had bought the property. Mr. Morris explained that his business is growing, and that the added space he needs is primarily for additional manuals. Commissioner McDonald pointed out that J. A. Fair High School which is within the area of the applicant's business, and is another non-residential use. Commissioner Willis asked the applicant whether he would expect to outgrow the new building. Mr. Mannes responded that it had taken 13 years to need to expand, and that he would be doubling his available space with the construction of the new building. Commissioner Nicholson indicated that she is familiar with Mr. Morris' business, and had been to his office on several occasions. She indicated that it was really an office use, and asked why it was not considered for a POD designation in lieu of a PCD designation. Staff responded that the Champion Builders narrative had included a statement that construction site office trailers and trucks or equipment are sometimes stored on the site; therefore, the PCD designation was chosen. 5 FILE NO.: Z-5801 Continued Commissioner Nicholson indicated that she has a struggle with the imposition of strict requirements on businesses in the extraterritorial area; that if we vote to deny the use, we force the businesses out. Addressing the applicant, however, she indicated that she was not supportive of the request for a total waiver of the street improvements along Lawson Rd. Maybe, she continued, the applicant should put up an "in -lieu" contribution for the costs of improvements which would be made at some later date. Staff responded that an "in -lieu" contribution is not appropriate in a situation such as the applicant's. Where there is no planned improvement project, the City does not take "in -lieu" payments. A deferral for a certain number of years, on the other hand, is the way deferrals are normally handled. Commissioner Nicholson replied that since the Lawson Rd. area is rural, in 3 or 5 years, it may not be appropriate to have the applicant build a 4 or 5 lane roadway for the 167 foot frontage of his property. The requirement to construct the street should be tied to whether development has caught up with a need for such a street in the area. Staff reported that the Board of Directors, in its recent approval of the church in the area, had approved a 5 -year deferral of the street improvements. Deputy City Attorney Steve Giles added that there is nothing to prohibit the applicant from seeking an additional deferral in 5 years, if the development is still sparse and there is no justification for requiring the improvements at that time. The applicant was asked if he would agree to an amendment of his request to substitute a deferral for the requested waiver. The applicant indicated that he would request a 5 -year deferral of the street improvements requirement. A motion was made and seconded to recommend approval of the PCD and of the 5 -year deferral of the street improvements. The motion carried with the vote of 8 ayes, 1 nay, 2 absent, and no abstentions. Mr. Newman reported that, since staff had recommended denial of the request, no Land Use Plan amendment had been prepared. He indicated that staff did not know how to handle the situation, since it would be inappropriate to show a commercial node in an area that does not meet the requirements for such a designation. Commissioner Walker said that he had always maintained that it is not "spot zoning" when the Commission finds that there is justification for the use, as is the case in the applicant's situation. 6 FILE NO.: Z-5801 (Continued) Mr. Newman said that staff would determine an appropriate means of dealing with the situation, and indicated that further thought and discussion needs to be had on how to handle these types of situation. 7 1. Meeting Date: April 19, 1994 2. Case No.: Z-5801 3. ReQuest: Deferral for five (5) years of the Master Street Plan and Subdivision Regulations requirement to construct one-half of boundary street improvements along the Lawson Rd. frontage of MEDICAL ELECTRONICS, INC. SHORT-FORM PCD 4, Location: On the south side of Lawson Rd., approximately 0.6 miles west of Colonel Glenn Road, outside the City Limits 5. OwnerlApylicant: Patrick H. Morris 6. Existlno Status: Commercial (legal non-conforming use); Zoned R-2, Single -Family District 7. Proposed Use: Commercial 8. Staff Recommendation: Denial 9. Planning Commission Recommendation: Approval 10. S'pnditions or I;sues Rema_ininQ to )pe Resolved: None 11. Right-of-Way Issues: None 12. Recommendation Forwarded With: A vote of 8 ayes, 1 nay, 2 absent, and 0 abstentions 13. Ob'ectors: None 14. Nei hborhood Plan: Crystal Valley (17) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A DEFERRAL FOR A FIVE YEAR TIME PERIOD OF THE REQUIREMENT TO CONSTRUCT STREET IMPROVEMENTS ALONG THE LAWSON ROAD FRONTAGE OF MEDICAL ELECTRONICS, INC. PCD (Z-5801), LOCATED ON THE SOUTH SIDE OF LAWSON ROAD, APPROXIMATELY 0.6 MILES WEST OF COLONEL GLENN ROAD; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for a deferral of certain requirements within the Subdivision Regulations of the City of Little Rock for MEDICAL ELECTRONICS, INC. PCD (Z-5801), located on the south side of Lawson Road, approximately 0.6 miles west of Colonel Glenn Road, as follows: Subsection a. That a deferral for a time period of five (5) years be granted of the requirements of Section 31-209 of the Subdivision Regulations which would require the construction of one-half of Master Street Plan improvements along the Lawson Road frontage of MEDICAL ELECTRONICS, INC. PCD. SECTION 2. This ORDINANCE shall take effect thirty (30) days from and after its passage. PASSED: ATTEST: City Clerk Mayor