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HomeMy WebLinkAboutZ-6120 Staff AnalysisNAME: LOCATION: REQUEST: SOURCE: STAFF REPORT• Amendment to the City Land Use Plan - Ellis Mountain District West of Cooper Orbi, south of Pride valley Road Single Family to Low Density Multifamily Staff - Z-6120 As part of the staff review for a rezoning request, the City Land Use Plan in the area was reviewed. The Plan recommends Single Family for the area. The proposal is for some lower density multifamily at the intersection, with single family surrounding the area. The developer is proposing to realign Cooper Orbit and extend a new arterial to the west, through the proposed residential development. At the intersection of the collector and minor arterial, an area of MF -12 zoning is requested. Staff is willing to consider a higher density of residential use near the intersection. With the topography, MF -12 would allow for a development to be built with the existing site. This development will urbanize 190 acres with only about 30 acres not single family. The request for Low Density Multifamily is appropriate. STAFF RECOMMENDATION: Amend Plan to Low Density Multifamily. ORDINANCE NO. AN ORDINANCE TO AMEND THE CITY LAND USE PLAN (16,222) IN THE ELLIS MOUNTAIN DISTRICT, WEST OF COOPER ORBIT, NORTH OF SPRING VALLEY ESTATES FROM SINGLE FAMILY TO LOW DENSITY MULTIFAMILY AND FOR OTHER MATTERS. WHEREAS, the Planning Staff believes it appropriate to allow a slightly higher density of residential use near the arterial, collector intersection; and, WHEREAS, the Planning Commission after discussion of the issue at a public hearing recommends that the Plan be amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. An area west of Cooper Orbit Road and north of Spring Valley Estates is changed from Single Family to Low Density Multifamily. SECTION 2. The Plan Map is amended as shown on the attached Sketch Map. PASSED: ATTEST: City Clerk APPROVED: Mayor April 25, 1996 ITEM NO.: 25 Z-6120 owner: John L. Burnett, Trustee Applicant: James Hathaway, Jr. Location: East side of Cooper Orbit Road; north of Spring Valley Manor Subdivision Request: Rezone from R-2 to MF -12 Purpose: Future apartment development Size: 33.8± acres Existing Use: Vacant, wooded SpRROIINDING LAND USE AND ZONING North - Vacant, wooded; zoned R-2 South - Vacant, wooded; East - Vacant, wooded; West - Vacant, wooded; ENGINEERING COMMENTS zoned R-2 and Oasis Retreat; zoned R-2 zoned R-2 zoned R-2 See additional comments in S-1100 File; Capitol Lakes Estates. Dedicate right-of-way for Cooper Orbit Road and unnamed minor arterial per Master Street Plan. LAND USER ELEMENT The site is located in the Ellis Mountain District. The adopted Land Use Plan recommends Single Family. The proposal is to realign Cooper Orbit Road and extend a new arterial to the west through a residential subdivision. At the intersection of the collector and minor arterial an area of MF -12 zoning is requested. Staff is willing to consider a higher density of residential use at the intersection. with the topography MF -12 would allow for a development to be built with the existing site. The request is low density for Multifamily and staff believes appropriate. A change to Low Density Multifamily is proposed. 'April 25, 1996 SUBDIVISION ITEM NO.: 25 Z-6120 Cont. STAFF ANALYSIS The request before the Commission is to rezone a 33.8± acre tract from "R-2" Single Family to "MF -12" Multifamily. The 33.8± acres are within a 190+ acre development which is item No. 5 on this agenda (Capitol Lakes Estates -- Preliminary Plat; S-1100). The property proposed for multifamily zoning is located at the northern edge of the Capitol Lakes Estates development, at the intersection of the realigned Cooper Orbit Road and an as yet unnamed minor arterial street. The minor arterial street bisects the multifamily property into two parcels, the smaller parcel being on the north side of the street and the larger being on the south. The property is now vacant and heavily wooded. No immediate development is proposed for the multifamily sites. The surrounding properties are for the most part all zoned R-2 and are themselves vacant and heavily wooded. The Spring Valley Manor Residential Subdivision is located south of the 190+ acre Capitol Lakes development; well separated from the proposed multifamily. The Oasis retreat is adjacent to the north of the smaller tract proposed for multifamily. The Ellis Mountain District Land Use Plan currently recommends Single Family for the site. The multifamily property is to be located at the intersection of a realigned collector (Cooper Orbit Road) and a new minor arterial street. Staff believes the relatively low density proposed, MF -12, is appropriate for the site. STAFF RECOMMENDATION Staff recommends approval of the requested MF -12 zoning and of an amendment to the Ellis Mountain District Land Use Plan to reflect Low Density Multifamily for the site. PLANNING COMMISSION ACTION: (APRIL 25, 1996) The applicant, Jim Hathaway, was present. There were objectors present. Dana Carney, of the Planning Staff, presented the item and discussed staff's review of the District Land Use Plan. He stated that staff felt this low density MF -12 zoning request was reasonable for the property. He recommended approval of the requested zoning and of an amendment to the District Land Use Plan. Mr. Hathaway addressed the Commission in support of the application. He gave a brief history of the proposal and made reference to a previous MF -18 zoning request for 2 'April 25, 1996 SpHDIVT ;ION ITEM NO.: 25 Z-6120 Cont. property farther south, adjacent to Spring Valley Manor Subdivision. Mr. Hathaway stated that the 33.8± acres of multifamily was within a proposed 192 acre development. He stated that this was the way that the Planning Commission should review items, look at the large picture. Mr. Hathaway stated that proposed buyers would know how the property in the area is going to be used. Mr. Hathaway discussed the relationship of the multifamily zoning to the Spring Valley Manor neighborhood and the Oasis Retreat. He stated that he had attempted to meet with persons at the Oasis but had been unable to do so. Mr. Hathaway then described the proposed realignment of Cooper Orbit Road and the construction of the new east/west arterial street. He stated that the 33.8± acres of multifamily would actually be closer to 30 acres once the required right-of-way was dedicated. Mr. Hathaway stated that the total density of the 192 acre development would be 3.4 units per acre, even including the multifamily. He noted staff's recommendation of approval of a Land Use Plan Amendment and of the proposed rezoning. There was then a discussion of the proposed Capital Lakes Estates preliminary plat, which includes the proposed MF -12 property. It was noted that the Plat had been deferred to the June 6, 1996 Commission meeting. Commissioner Adcock asked if there was a buffer proposed where Capitol Lakes Estates is adjacent to Spring Valley Manor. Mr. Hathaway responded that no buffer was necessary since the plat proposed single family where adjacent to Spring Valley Manor. In response to a question from Commissioner Adcock, Mr. Hathaway stated that the development was pursuing all issues related to the site including annexation, platting, zoning and utilities. He stated that all of those issues would be resolved or the land would not be developed. There was then a brief discussion of the site's topography. J. Mark Davis, spokesperson for the Oasis Renewal Center, addressed the Commission in opposition to the rezoning. He described the Center's operations and handed out information on the Oasis. He stated that Oasis was mindful of a property owner's right to develop his property but was also concerned about the relationship of the proposed multifamily to the Oasis site. He stated that the multifamily property would negatively impact the Oasis. Mr. David asked that the zoning be denied. April 25, 1996 SUBDIVISION ITEM NO.: 25 Z-6120 (Cont. In response to a question from Chairman Woods, Mr. Davis stated that Oasis was opposed to the multifamily zoning on both the north and south sides of the proposed arterial street. In response to a question from Commissioner Lichty, Mr. Davis stated that most of the Oasis operations are located in the north west quadrant of the Oasis property, on the north side of lake. Commissioner Lichty asked how the Oasis could be opposed to the multifamily on the south side of the proposed arterial street when it would be so greatly separated from the Oasis operation. David Scherer, of the Public Works Department, discussed the Master Street Plan and the proposed streets. Dana Carney noted that the right-of-way for the proposed arterial -and realigned Cooper Orbit Road would be dedicated through the rezoning. Commissioner Hawn stated that he could not understand how the Oasis could object to the MF -12 density. He suggested that the Oasis should have purchased additional property if they wanted more solitude. In response to a question from Commissioner Adcock, Mr. Davis stated that the Oasis was not opposed to the earlier rezoning request which proposed MF -18 zoning adjacent to the Spring Valley Manor Subdivision. Chairman Woods commented that it appeared that the Oasis did not work with the developer where the residents of Spring Valley Manor did. Commissioner Lichty asked if the developer would consider a lower density for the approximately 8 acres on the north side of the proposed arterial street. Mr. Hathaway responded that he would consider a modification but that he had been told that the Oasis Board was unwilling to negotiate. Commissioner Ball asked if it was imperative that the 8 acres north of the arterial be zoned multifamily. Mr. Hathaway responded by asking where multifamily would be more appropriate than where he had proposed. Mr. Hathaway stated that he was willing to offer a condition that the multifamily would not be developed unless the plat was approved, the streets built, the property annexed and sewer service brought to the site. He stated that the developer needed to know if the multifamily was feasible. There was a discussion of dropping the 8 acres north of the proposed arterial street from the rezoning request. 4 _April 25, 1996 SUBDIVISION ITEM NO.: 25 z-6120 Cont. Commissioner Putnam stated that the problem seemed to be how to secure the Oasis. In response to a question from Mr. Hathaway, Rusty Sparks, President of the Spring Valley Manor Property Owners Association, confirmed that the applicant had worked with the neighborhood to resolve several issues. Commissioner Ball asked if the rezoning request could be deferred to coincide with the Commission's review of the plat. Mr. Hathaway asked what issue there was about the plat that affected the rezoning. He noted that the right- of-way for the arterial street and Cooper Orbit Road would be established through the rezoning_ Mr. Hathaway offered to attach the condition that the zoning would become null and void if the plat was not approved. Staff noted that the Rezoning Ordinance could be written so that it becomes effective when the plat is approved. Rusty Sparks addressed the Commission in support of the application. Bill Worthen addressed the Commission. He stated that he represented persons who own property north of the western end of the proposed Capitol Lake Estates. He did not voice an opinion about the rezoning. Joe Gillespie, President of the Oasis Board, addressed the Commission in opposition to the rezoning request. He stated, that he had advised Mr. Davis to voice the Oasis Board's opposition to rezoning. Commissioner Brandon asked Mr. Gillespie if he had stated that he would not negotiate with the applicant. Mr. Gillespie responded by stating "never say never." Commissioner Ball stated that the Commission was being put in the position of voting yes or no and that there did not appear to be any negotiation. Mr. Gillespie stated that he did not believe the Oasis would survive with multifamily development adjacent to it. Commissioner Ball asked Mr. Hathaway if he wanted a vote on the application. Mr. Hathaway responded that he would like a vote and that he would work with the Oasis people. Mr. Hathaway again offered the condition that the zoning would only go into effect upon approval of the Capitol Lakes Estates Preliminary Plat. 5 April. 25, 1996 SL73DI ION ITEM NO.: 25 2-612D Cant. __ A motion was made to approve the Land Use Plan Amendment. The vote was 9 ayes, 0 noes, 1 absent and 1 abstaining (Putnam). A motion was then made to approve the MF -12 zoning with the condition as offered by Mr. Hathaway. The vote was 6 ayes, 0 noes, 1 absent and 4 abstaining (Putnam, Hawn, Adcock and McCarthy). 0