Loading...
HomeMy WebLinkAboutZ-6386 Staff AnalysisNovember 13, 1997 ITEM NO.: A FILE NO.: Z-6386 Applicant: Location: Request: Purpose: Size: Existing Use: C. Arthur and Caroline W. Biggs Caroline W. Biggs 6106 Fourche Dam Pike Rezone from R-2 to C-3 Construct neighborhood grocery store with restaurant 1.16± acres Vacant lot SURROUNDING LANs] USE AND ZONING North - Single family; zoned R-2 South - Single family; zoned R-2 East - Levee and Fourche Creek Floodway; zoned R-2 West - Single family; zoned R-2 PUBLIC WORKS COMMENTS 1. Fourche Dam Pike Road is listed on the MSP as a collector, dedication of right-of-way to 30 feet from centerline of street is required. 2. With development construct half street improvements, including sidewalks, to Fourche Dam Pike Road. Provide street plans per MSP and site grading and drainage plans to Bruce Kemmet, 701 West Markham, prior to construction. 3. A grading and development permit for special flood hazard area are required prior to construction. Contact Steve Loop or Melvin Hall at 371-4811 for assistance. 4. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. 5. Fourche Dam Pike Road has a 1995 average daily traffic count of 2,500. LAND USE ELEMENT A request to rezone a tract of land at 6106 Fourche Dam Pike from 'R-2' to 'C-3' was filed. Upon review of the Land Use Plan, staff determined that the request was in conflict with the Plan and was a major change in use. As a result a Land Use Plan amendment has been developed for the Planning Commission's consideration. November 13, 1997 ITEM NO.: A (Cont.) FILE NO.: Z-6385 The request is in the Port District. The Plan recommends Single Family use. The request is for Commercial use. There have been no changes to the Plan in this area, since the current Plan was adopted. The area in question is north of Roosevelt Road, along Fourche Dam Pike and east of Fourche Creek. This is an older single family area. Development is a classic rural single family area. That is, homes along a country road. The Plan recognizes the existing development pattern and recommends maintaining it. To the west is a large industrial area. The uses front the runway for the Little Rock airport. Along most of the industrial use is an open space strip (on the Plan and zoned) to draw a line stopping the nonresidential use. To the south is a commercial area at Roosevelt and Fourche Dam Pike. This was historically an important intersection of two major roads. Currently, the City classifies both roads as collectors. The commercial services the local neighborhood as well as the passing traffic. NOTE: After the tornado only one commercial use remains. Most of the nonlocal traffic travels Roosevelt. This portion of Fourche Dam Pike is not likely to function as a major transportation route. Fourche Dam Pike is a loop road at this location servicing the immediate area. The uses serviced by Fourche Dam Pike are single family and a church. This is not a commercial or industrial area. In fact, it 'feels' like a neighborhood street from Cooper to Roosevelt. To change the Plan at this location to Commercial would introduce a major change and would not be compatible with the existing development pattern. The City has indicated with the open space strips (plan and zone) that the nonresidential use should remain to the west. The area is a viable residential area; however, an introduction of nonresidential use will likely result in the lot by lot demise of the area. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. A special rush hour rate does extend down East Roosevelt Road, to the south of this site. STAFF ANALYSIS The request before the Commission is to rezone this 1.16± acre tract from R-2 Single Family to C-3 General Commercial. The Port District Land Use Plan recommends Single Family for this site. Staff has determined that the rezoning request requires a "major" amendment to the Land Use Plan. As per Planning Commission policy, a proposed plan amendment is 2 November 13, 1997 ITEM NO.: A Cont.) _ FILE NO.: Z-5386 presented as a separate item on this agenda (item no. 3'A). The rezoning request should be deferred until such time as a final determination is made on the Plan Amendment. STAFF RECOMMENDATION Staff recommends deferral of this rezoning request until the November 13, 1997 commission meeting. PLANNING COMMISSION ACTION: (OCTOBER 2, 1997) The applicant was present. There were no objectors present. Staff recommended that the item be deferred to the November 13, 1997 Commission meeting to allow for review of a possible land use plan amendment (Item No. 3-A on this agenda). The item was placed on the Consent Agenda and deferred by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: After meeting with the applicant, it was agreed that this C-3 rezoning request is to be withdrawn. The applicant will refile as a planned development. PLANNING COMMISSION ACTION: (NOVEMBER 13, 1997) The applicants were not present. There were no objectors present. Staff informed the Commission that the applicants had filed a Planned Development for the site, which was on the Commission's December 18, 1997 agenda. It was recommended that this C-3 request be withdrawn. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 9 ayes, 0 noes and 2 absent. (The Planning Commission voted at its October 2, 1997 meeting to deny the requested Land Use Plan Amendment.) October 2, 1997 j-"ZONGIM Name: Land Use Plan Amendment - Port District Location: East of Fourche Dam Pike, north of Roosevelt Road Request: Single Family to Commercial Source: Property Owner (6106 Fourche Dam Pike) STAFF REPORT: A request to rezone a tract of land at 6106 Fourche Dam Pike from "R-2" to "C-3" was filed. Upon review of the Land Use Plan, Staff determined that the request was in conflict with the Plan and was a major change in use. As a result a Land Use Plan amendment has been developed for the Planning Commission's consideration. The request is in the Port District. The Plan recommends Single Family use. The request is for Commercial use. There have been no changes to the Plan in this area, since the current Plan was adopted. The area in question is north of Roosevelt Road, along Fourche Dam Pike and east of Fourche Creek. This is an older single family area. Development is a classic rural single family area. That is, homes along a country road. The Plan recognizes the existing development pattern and recommends maintaining it. To the west is a large industrial area. The uses front the runway for the Little Rock airport. Along most of the industrial use is an open space strip (on the Plan and zoned) to draw a line stopping the nonresidential use. To the south is a commercial area at Roosevelt and Fourche Dam Pike. This was historically an important intersection of two major roads. Currently the City classifies both roads as collectors. The commercial services the local neighborhood as well as the passing traffic. Note after the tornado only one commercial use remains. Most of the nonlocal traffic travels Roosevelt. This portion of Fourche Dam Pike is not likely to function as a major transportation route. Fourche Dam Pike is a loop road at this location servicing the immediate area. The uses serviced by Fourche Dam Pike are single family and a church. This is not a commercial or industrial area. In fact, it "feels" like a neighborhood street from Cooper to Roosevelt. To change the Plan at this location to Commercial would introduce a major change and would not be compatible with the existing development pattern. The City has indicated with the open space strips (plan and zone) that the nonresidential use should remain to the west. The area is a viable residential area; however, an October 2, 1997 ITEM NO.: 3A Cont. introduction of nonresidential use will likely result in the lot by lot demise of the area. STAFF RECOMMENDATION: Denial PLANNING COMMISSION ACTION: (OCTOBER 2, 1997) Walter Malone, Planning Manager, reviewed the request and area. Staff believes this is a residential area and should remain residential. Mr. Sonny Biggs, property owner, indicated they just wish to build a building. Mr. Biggs was born and raised in this area, which was once a quiet neighborhood. The airport expansion -new runway then the addition of the UPS facility and finally the March 1 tornado changed the area. This request is to help the area and residents not for personal gain. The zoning is not important just the ability to use the property. Mr. Biggs distributed a petition of support signed by people in the area (Mr. Biggs read the petition). In addition, letters of support from area businesses can be delivered if needed. The area is no longer good for residential use although homes are still there. There is a great need for a grocery store. In response to a question, Mr. Biggs indicated he would build a grocery and restaurant. Long term the area will be industrial. Mr. Biggs indicated he would do what was necessary and work with the City and residents on this development. In response to a question from Commissioner Rahman, Mr. Biggs confirmed the area in question is not now commercial. The Biggs have had a restaurant in the area for 11 years. There are no buildings in the area for this use and there is a need for a small grocery and place to eat. Commissioner Hawn asked about the area and number of signatures covered by the petition. All the residential area is included with 70 names. Chairman Lichty asked about the presence of a neighborhood association and influence of the residents petition. Mr. Lawson indicated there was no association, that this would be spot zoning and the people who signed the petition may have just because they know the Biggs. Commissioner Putnam asked about some boarded homes and Mr. Biggs responded. Mr. Biggs indicated the area was no longer a community. However, he understood the concerns and wished there was a way the zoning could change to single family if they closed the business. Commissioner Hawn stated the area was not a bad place, though he understood the need for a grocery. He was opposed to a plan change. Mrs. Caroline Biggs stressed the compatibility with the airport and all the businesses the restaurant had served. October 2, 1997 ITEM NO.• 3A(Cont.) Commissioner Hawn moved and Commissioner Rahman seconded a motion to approve the plan change (Single Family to Commercial) as requested. By a vote of 3 for (Daniel, Adcock, and Putnam) 8 against the changes was denied. 3