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HomeMy WebLinkAboutZ-6249 Staff AnalysisFILE NO.: Z-6249 NAME: THE UNITED METHODIST FOUNDATION OF ARKANSAS -- PLANNED OFFICE DISTRICT PD -0 LOCATION: Northwest corner of Harrison and Evergreen Streets DEVELOPER: ARCHITECT: The United Methodist Foundation Fred Perkins of Arkansas Roark -Perkins -Perry - 5905 Forest Place, Ste. 210 Yelvington Architects Little Rock, AR 72207 713 West Second Street Little Rock, AR 72201 AREA: 0.32 ACRES ZONING• R-2 PLANNING DISTRICT• CENSUS TRACT: 16 NUMBER OF LOTS: N/A PROPOSE] USES #4 Heights/Hillcrest FT. NEW STREET: 0 Single Use Office VARIANCES WAIVERS REQUESTED: Variance of collector street standards on Evergreen Street to allow existing 29 foot roadway. Variance on Harrison Street of commercial standards to allow existing 27 foot roadway. BACKGROUND: On February 20, 1997, the Planning Commission determined that a change in the Land Use Plan was not required in order for this rezoning request to be considered. This rezoning (Z-6249) was deferred to March 6, 1997 to allow for additional public comment. PROPOSAL: A rezoning from "R-2" Single Family to "PD -O" Planned District Office for an approximate 14,000 square feet site. The property is located at the northwest corner of Harrison and Evergreen Streets. A. PROPOSAL RE UEST: The applicant proposes to develop a 2,599 square foot one story single use office building. The sole tenant will be The united Methodist Foundation of Arkansas. Nine parking spaces will be provided in the proposed front yard parking FILE NO.: Z-6249 Cont. lot. A landscape/detention berm will front Evergreen Street. B. EXISTING CONDITIONS: The site are two flat vacant parcels that are side by side. They are also the only undeveloped lots in the immediate area. Single Family homes are located across the alley and adjacent to the property. A two story older apartment building is located to the east. C. NEIGHBORHOOD COMMENTS: rM E. Staff has received two letters Association dated February 18 no other comments. ENGINEERING COMMENTS: from the Hillcrest Resident's and 19, 1997. We have receive • Five foot sidewalks are required per City Ordinance. • Improve corner radius to 25 foot versus existing 10 foot radius and install handicap ramps per ADA standards. • Dedicate right-of-way for both streets to 30 feet from centerline. Evergreen's a collector and Harrison is considered a commercial street (same standard). • Evergreen is a 29 foot street and Harrison is a 27 foot street. Both are required by Ordinance to be widened to 18 feet from centerline. • Stormwater Detention does not apply to this site. However, the effects of surface water will be reviewed and shall not adversely impact adjacent properties. • Evergreen has a 1995 average daily traffic count of 3,800. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available AP&L: OK Arkla: No comment Southwestern Bell: OK Water: No objection Fire Department: Driveway width CATA: No response F. ISSUES TECHNICAL/DESIGN: Landscape: to be 20 feet. Areas set aside for buffers and landscaping meet with ordinance requirements. If a dumpster is to be used its enclosure must be eight feet in height on three sides and be a wooden fence or wall. The 2 FILE NO.: Z-6249 Cont. face side of the proposed fence along the northern boundary must be directed outward. Trees and shrubs will be required along the northern perimeter and around the perimeter of the proposed vehicular use areas. issues: ■ Show sidewalks as 5 feet wide. • If this applicant vacates the building, then the use will revert to R-2. Planning Division: N/A G. ANALYSIS: The Planning Commission has determined that a land use plan amendment is not necessary. The City Attorney agrees with this interpretation in a letter prepared by Stephen Giles, Deputy City Attorney on February 20, 1997. Mr. Giles stated in part "...that the planned zoning district was established to permit development to occur which would not otherwise be compatible with surrounding property, but which is made compatible by the restrictions placed on the development by the applicant. Leaving the plan to show the property residential while allowing this particular office development is a rational means of allowing modest development to occur that will not change the residential character of the neighborhood." It appears that the Hillcrest Association and the immediately project neighbors support the proposal. Staff supports the proposed rezoning which is consistent with the requirements of the Zoning Ordinance. H. STAFF RECOMMENDATION: APPROVAL of the rezoning of this site to "PD -O" subject to staff conditions in this report. The site is to be used by this applicant as a single user. If the United Methodist Foundation of Arkansas vacates the structure, it will revert to a R-2 Single Family use. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Mr. Fred Perkins presented the project. Planning Staff indicated that a Land Use Plan Amendment was required. Staff also indicated that a separate Planning Commission hearing would be required for the land use and rezoning issues. FILE NO.: z-6249 Cont. The Land Use Amendment was scheduled for consideration by the Planning Commission on February 20, 1997. The rezoning request will be deferred to the March 6, 1997 Planning Commission meeting. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was heard after the Planning Commission determined not to change to Land Use Plan on this property to accommodate this rezoning. Commissioner Woods stated that he would like to proceed on this item. Jim Lawson stated staff was recommending a two week deferral to allow for further public comment. Jim Argue, project applicant said he would agree to the continuance. Mr. Argue asked for a 3:30 p.m. Time Certain hearing on this item before the Planning Commission on March 6, 1997. Motion to defer the item to the March 6, 1997 Planning Commission meeting. The motion was passed with 10 ayes, 1 nays and 0 absent. PLANNING COMMISSION ACTION: (MARCH 6, 1997) Larry Jones presented the staff recommendation for approval with the conditions noted in the staff report. Chairman Lichty stated that the proponents and opponents would each get 20 minutes to present their case. It is up to each side to manage their time within the 20 minutes allocated. Mr. Maurice Mitchell introduced the project for the applicants. Mr. Fred Perkins following with a summary of the elements of the development. Mr. Jerry Sears told the Commission that the immediate neighborhood supported the project. Mr. Sears indicated that the neighbors want to see the parking in the front of the building as shown by the applicants. Ms. Mary Boaz spoke in favor of the parking in the front of the building. Mr. Jim Argue concluded the applicant's presentation. Ms. Jam Bowman was present in support of the rezoning but did not speak. The following persons spoke in opposition to the rezoning and were given collectively 20 minutes to speak. Mr. Jim McKenzie spoke in support of the land use plan and against the rezoning. Mr. Jim Vandenberg asked that this site plan be redesigned to put the parking in the rear with an access from Harrison Street. Ms. Ruth Bell spoke in opposition to the rezoning. Commission Daniel asked about the number of employees proposed. Commissioners Berry and Earnest indicated that they were concerned that by not changing the land use plan but allowing the rezoning the Commission was setting a precedent. Mr. Giles responded that there would be no precedent set for future rezoning cases. Commissioner Hawn stated that the way the Commission handled this proposal was "...not fair and consistent treatment..." in respect to other rezonings. Commissioner Berry 4 FILE NO.: Z-6249 Cont. asked Mr. Argue if he would redesign the project to show the parking in the rear with an access from Harrison Street. Mr. Argue stated that if he changes the location of the parking he will lose the support of the immediate neighbors. There was discussion amongst the commissioners. A motion to approve the rezoning to PD -0 was made. The motion failed with 4 ayes, 5 nays, and 2 absent. There was no action on the variance requests. 5 February 20, 1997 NO.: 1A NAME: LOCATION• REQUEST: SOURCE: STAFF REPORT: Land Use Plan Amendment - Heights/Hillcrest Northwest corner of Evergreen and Harrison Change land use from Single Family to Suburban Office Staff The proposed use of the site, a quiet office, is compatible with residential development. This type of low intensity, specialized office use has traditionally been, and continues to be, scattered through out the Heights/Hillcrest district. The site, the northwest corner of Evergreen and Harrison, is located in an area of Hillcrest which has been developed with mixed uses. Located within a two block radius are single family, multifamily, commercial, public/quasi public, and park land uses. A low intensity office appears to be an appropriate land use in an area with such a mixed land use pattern. The current zoning on the property is R-2 Single Family, as are the properties to the north, west and south. Directly across Harrison Street there is C-3 General commercial zoning. An office land use would provide a smooth transition between the commercial and single family zones. A low intensity office use, such as what has been proposed, should not change the character of a residential neighborhood. With limited business hours and a small staff a suburban type office should blend in with its surroundings. Located on the corner of Evergreen Street, a designated collector, the site is easily reached without cut through traffic on neighborhood streets. A suburban type office should be built with consideration given to the neighborhood. A structure should be designed which blends with the surrounding buildings and have planned lighting, landscaping, and fencing to meet the existing standards in the neighborhood. The land use change from Single Family to Suburban Office is considered to be a major plan change. February 20, 1997 SUBDIVISION ITEM NO.: 1A Cont. STAFF RECOMMENDATION: Staff recommends approval. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) Jim Lawson, Director of Planning and Development, introduced the item and presented some background on the site. Mr. Lawson explained the current PD -0 application for the property and the issue before the Commission. Mr. Lawson then discussed Tom Carpenter's February 20, 1997 memorandum to the Planning Commission. (A copy had been provided to each commissioner at the beginning of the hearing.) Stephen Giles, Deputy City Attorney, reviewed Tom Carpenter's memorandum and said it addresses legal issues and two specific court cases. Mr. Giles then discussed the two cases in some detail and said that recent court cases appear to be placing more emphasis on land use plans. Mr. Giles said that current law indicates that it is not arbitrary to recommend approval of the reclassification without amending the land use plan. He went on to say that it is not necessary to amend the plan and described the reasons outlined in the Tom Carpenter's memorandum. (A copy is attached.) Mr. Giles said that the PD -0 application in question is unique because of the restrictions placed on the development by the applicant. Mr. Giles also said the city will still need to look at the facts of each case. Jim Lawson offered some additional comments and said it would be better not to amend the land use plan because of the unique circumstances. Comments were made by several commissioners and Commissioner Hawn reminded the Planning Commission that they said they wanted to look at the land use plans. Jim Argue, the applicant for the PD -O, spoke and said the neighbors want the project, but did not want the land use plan changed. Mr. Argue then responded to some questions and said the project would be owner -occupied, no leasable space. He also said the neighborhood was satisfied because a number of things have been agreed to by both sides. There was a long discussion about a number of issues. A motion was made not to change the land use plan. The motion was approved by a vote of 9 ayes, 2 nays and 0 absent. 2 February 20, 1997 ITEM NO.: 1B FILE NO.: z---6249 NAME: THE UNITED METHODIST FOUNDATION OF ARKANSAS -- PLANNED OFFICE DISTRICT PD -0 LOCATION: Northwest corner of Harrison and Evergreen Streets DEVELOPER: ARCHITECT: The United Methodist Foundation Fred Perkins of Arkansas Roark -Perkins -Perry - 5905 Forest Place, Ste. 210 Yelvington Architects Little Rock, AR 72207 713 West Second Street Little Rock, AR 72201 AREA: 0.32 ACRES NUMBER OF LOTS: N/A FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Office PLANNING DISTRICT: #4 Heights/Hillcrest CENSUS TRACT: 16 VARIANCES WAIVERS REQUESTED: Five year deferral for 5 foot sidewalks on Evergreen and Harrison Street frontage. Variance of collector street standards on Evergreen Street to allow existing 29 foot roadway. Variance on Harrison Street of collector standards to allow existing 27 foot roadway. STAFF RECOMMENDATION: DEFERRAL to March 6, 1997 Planning Commission meeting to allow for consideration of the Land Use Plan Amendment on February 20, 1997. SUBDIVISION COMMITTEE COMMENT: Mr. Fred Perkins presented the project. Planning Staff indicated that a Land Use Plan Amendment was required. Staff also indicated that a separate Planning Commission hearing would be required for the land use and rezoning issues. The Land Use Amendment was scheduled for consideration by the Planning Commission on February 20, 1997. The rezoning request will be deferred to the March 6, 1997 Planning Commission meeting. February 20, 1997 SUBDIVISION ITEM NO.: 1B Cont. FILE NO.: Z-6249 PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was heard after the Planning Commission determined not to change to Land Use Plan on this property to accommodate this rezoning. Commissioner Woods stated that he would like to proceed on this item. Jim Lawson stated staff was recommending a two week deferral to allow for further public comment. Jim Argue, project applicant said he would agree to the continuance. Mr. Argue asked for a 3:30 p.m. Time Certain hearing on this item before the Planning Commission on March 6, 1997. Motion to defer the item to the March 6, 1997 Planning Commission meeting. The motion was passed with 10 ayes, 1 nays and 0 absent. 2