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HomeMy WebLinkAboutZ-6398-B Staff AnalysisFILE NO.: Z -6398-B Owner: Doug Loftin Applicant: Hope Engineers, Inc. Location: 12800 County Line Road; north side of County Line Road, approximately 300 feet east of Vimy Ridge Road Request: Rezone from R-2 to MF -6 Purpose: Future multifamily development Size: 3.54 acres Existing Use: Vacant SURROUNDING LAND USE AND ZONING North - Single Family residences; zoned R-2 South - Elementary School (across County Line Road); not zoned - Saline County East - Single Family residences; zoned R-2 West - Convenience store; zoned C-3 A. PUBLIC WORKS COMMENTS: 1. County Line Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from section line will be required. With Building Permit: 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 3. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to this street including 5 -foot sidewalk with planned development. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Stormwater detention ordinance applies to this property. FILE NO.: Z -6398-B (Cont. B. 6. Easements for proposed stormwater detention facilities are required. 7. Grading permit will be required on this development. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a 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 Alexander Road, Quail Run, Meyer Lane and SWLR UP Neighborhood Associations were notified of the proposed rezoning. D. LAND USE ELEMENT: This request is located in the Otter Creek Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for MF -6 Multi Family zoning. The property is currently zoned R-2 Single Family. Staff does not request a Land Use Plan amendment be filed for this application. City Recognized Neighborhood Action Plan: The applicant's property lies in an area covered by the Chicot West I-30 South Neighborhood Action Plan. The plan contains a Housing and Neighborhood Revitalization Goal of encouraging new single-family growth and maintaining and enhancing the quality and affordability of existing housing. Two objectives supporting the goal include encouragement of home ownership and encouragement of constructing new single-family housing. An action statement supporting the goal encourages introduction of owner -occupied housing in the area that could be marketed for under $50,000. E. STAFF ANALYSIS: The request before the Commission is a corrective action to rezone 3.54 acres of property at 12800 County Line Road from R-2 Single Family Residential District to ME -6 Multifamily District. The property is currently undeveloped and wooded. No immediate development has been proposed for the property. 2 FILE NO.: Z -6398-B (Cont.) The Chicot West I-30 South Neighborhood Action Plan was adopted by the Board of Directors on November 4, 1997. Through the action plan, there were multiple land use plan amendments and rezonings for properties in the plan area. One of the rezonings involved the 3.54 acre property at 12800 County Line Road. Ordinance No. 17,605 which was also passed by the Board of Directors on November 4, 1997 rezoned this property from MF -6 to R-2. Doug Loftin bought the 3.54 acre property in early 1997. When the Planning Staff researched the property ownership records for the properties to be rezoned, the change in ownership for this property had not yet been entered in the Pulaski County Assessor's database. Therefore, the previous property owner (whom Mr. Loftin bought the property from) was notified of the proposal to rezone the property. This previous property owner did not notify Mr. Loftin of the rezoning and therefore, the property was rezoned without Mr. Loftin's knowledge or input. The property is located on the north side of County Line Road, approximately 300 feet east of Vimy Ridge Road. There are a number of single family residences (zoned R-2) located immediately north and east of the site. There are other single family homes located on larger tracts further north and east. The Robert L. Davis Elementary School (Bryant School District) is located across County Line Road to the south in Saline County. There is a convenience store located immediately west of the site on the C-3 zoned property at the northeast corner of County Line and Vimy Ridge Roads. There is a Family Dollar Store located on the C-1 zoned property at the northwest corner of the same intersection. There are other single family uses in this general area (primarily on larger lots), as well as industrial I-2 zoned property further north and northwest of this site. The proposed MF -6 zoning is compatible with existing uses and zoning in the area. As noted previously, the proposed rezoning from R-2 to MF -6 is a corrective action to restore zoning to property which was rezoned without the property owner's knowledge. If Mr. Loftin had been properly notified of the intent to rezone the property as part of the neighborhood action plan, he would have requested that the MF -6 zoning not be changed. In which case, the rezoning would not have been pursued by staff and the MF -6 zoning would still be in place. Therefore, staff believes it is appropriate to 3 FILE NO.: Z -6398-B (Cont.) restore the MF -6 zoning to the property, thereby correcting the rezoning mistake made at the time of the Chicot West I- 30 South Neighborhood Action Plan in 1997. F. STAFF RECOMMENDATION: Staff recommends approval of the MF -6 rezoning request, as filed. PLANNING COMMISSION ACTION: (OCTOBER 18, 2001) Eric Krebs, of Hope Engineers, was present, representing the application. There were three (3) persons present in opposition. Staff presented the rezoning request, with a recommendation of approval of the MF -6 rezoning. The Commission discussed whether or not it would be appropriate to hear from the persons present in opposition, given the fact that the rezoning request was a corrective action. Stephen Giles, City Attorney, noted that the opposition could speak at the Board of Directors' meeting even if they do not address the Planning Commission. The issue was further discussed and it was decided to hear from the opposition. Janet Berry, of SWLR UP, addressed the Commission in opposition to the rezoning. She noted that the applicant had been before the Commission three (3) times in the past four (4) years requesting rezoning of this property. Michelle Ready also addressed the Commission in opposition. She stated that the property owner had not made an attempt to work with the neighborhood. She noted that development of this property would be detrimental to the adjacent single family residential property. Gary Patterson also addressed the Commission in opposition. Eric Krebs, of Hope Engineers, noted that Doug Loftin (the property owner) did not know of or consent to the rezoning of this property from MF -6 to R-2 which occurred in 1997. Commissioner Faust asked about the previous applications for this property. Brian Minyard, of the Planning Staff, noted that there was a land use plan amendment in March, 2000 which was withdrawn and a land use plan amendment and PCD request in March, 2001 which was denied. This issue was briefly discussed. Commissioner Floyd noted that the applicant had never proposed to develop the property as multifamily. There was additional discussion pertaining to the appropriateness of the rezoning request and what options the 4 FILE NO.: Z -6398-B (Cont. Board of Directors would have in addressing the issue. Mr. Giles explained that the Board of Directors could rezone property on its own motion. There was a motion to approve the MF -6 rezoning request. Commissioner Nunnley noted that Mr. Loftin bought the property with the understanding that the property was zoned MF -6. He pointed out that the property was rezoned to R-2 without Mr. Loftin's knowledge, and that the Commission should be fair to him and correct the mistake. The Chairman called for a vote on the previous motion. The motion passed by a vote of 7 ayes, 2 nays and 2 absent. The application was approved. 5 October 18, 2001 ITEM NO.: 2 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z -6398-B Doug Loftin Hope Engineers, Inc. 12800 County Line Road; north side of County Line Road, approximately 300 feet east of Vimy Ridge Road Rezone from R-2 to MF -6 Future multifamily development 3.54 acres Vacant SURROUNDING LAND USE AND ZONING North - Single Family residences; zoned R-2 South - Elementary School (across County Line Road); not zoned - Saline County East - Single Family residences; zoned R-2 West - Convenience store; zoned C-3 A. PUBLIC WORKS COMMENTS: 1. County Line Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from section line will be required. With Building Permit: 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 3. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to this street including 5 -foot sidewalk with planned development. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. October 18, 2001 ITEM NO.: 2 (Cont.) FILE NO.: Z -6398-B 5. Stormwater detention ordinance applies to this property. 6. Easements for proposed stormwater detention facilities are required. 7. Grading permit will be required on this development. B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a 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 Alexander Road, Quail Run, Meyer Lane and SWLR UP Neighborhood Associations were notified of the proposed rezoning. D. LAND USE ELEMENT This request is located in the Otter Creek Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for MF -6 Multi Family zoning. The property is currently zoned R-2 Single Family. Staff does not request a Land Use Plan amendment be filed for this application. City Recognized Neighborhood Action Plan: The applicant's property lies in an area covered by the Chicot West I-30 South Neighborhood Action Plan. The plan contains a Housing and Neighborhood Revitalization Goal of encouraging new single-family growth and maintaining and enhancing the quality and affordability of existing housing. Two objectives supporting the goal include encouragement of home ownership and encouragement of constructing new single- family housing. An action statement supporting the goal encourages introduction of owner -occupied housing in the area that could be marketed for under $50,000. E. STAFF ANALYSIS: The request before the Commission is a corrective action to rezone 3.54 acres of property at 12800 County Line Road from K October 18-, 2001 ITEM NO.: 2 (Cont.) FILE NO.: Z -6398-B R-2 Single Family Residential District to MF -6 Multifamily District. The property is currently undeveloped and wooded. No immediate development has been proposed for the property. The Chicot West I-30 South Neighborhood Action Plan was adopted by the Board of Directors on November 4, 1997. Through the action plan, there were multiple land use plan amendments and rezonings for properties in the plan area. One of the rezonings involved the 3.54 acre property at 12800 County Line Road. Ordinance No. 17,605 which was also passed by the Board of Directors on November 4, 1997 rezoned this property from MF -6 to R-2. Doug Loftin bought the 3.54 acre property in early 1997. When the Planning Staff researched the property ownership records for the properties to be rezoned, the change in ownership for this property had not yet been entered in the Pulaski County Assessor's database. Therefore, the previous property owner (whom Mr. Loftin bought the property from) was notified of the proposal to rezone the property. This previous property owner did not notify Mr. Loftin of the rezoning and therefore, the property was rezoned without Mr. Loftin's knowledge or input. The property is located on the north side of County Line Road, approximately 300 feet east of Vimy Ridge Road. There are a number of single family residences (zoned R-2) located immediately north and east of the site. There are other single family homes located on larger tracts further north and east. The Robert L. Davis Elementary School (Bryant School District) is located across County Line Road to the south in Saline County. There is a convenience store located immediately west of the site on the C-3 zoned property at the northeast corner of County Line and Vimy Ridge Roads. There is a Family Dollar Store located on the C-1 zoned property at the northwest corner of the same intersection. There are other single family uses in this general area (primarily on larger lots), as well as industrial I-2 zoned property further north and northwest of this site. The proposed MF -6 zoning is compatible with existing uses and zoning in the area. As noted previously, the proposed rezoning from R-2 to MF -6 is a corrective action to restore zoning to property which 3 October 18, 2001 ITEM NO.: 2 (Cont. F. FILE NO.: Z -6398-B was rezoned without the property owner's knowledge. If Mr. Loftin had been properly notified of the intent to rezone the property as part of the neighborhood action plan, he would have requested that the MF -6 zoning not be changed. In which case, the rezoning would not have been pursued by staff and the MF -6 zoning would still be in place. Therefore, staff believes it is appropriate to restore the MF -6 zoning to the property, thereby correcting the rezoning mistake made at the time of the Chicot West I-30 South Neighborhood Action Plan in 1997. STAFF RECOMMENDATION: Staff recommends approval of the MF -6 rezoning request, as filed. PLANNING COMMISSION ACTION: (OCTOBER 18, 2001) Eric Krebs, of Hope Engineers, was present, representing the application. There were three (3) persons present in opposition. Staff presented the rezoning request, with a recommendation of approval of the MF -6 rezoning. The Commission discussed whether or not it would be appropriate to hear from the persons present in opposition, given the fact that the rezoning request was a corrective action. Stephen Giles, City Attorney, noted that the opposition could speak at the Board of Directors' meeting even if they do not address the Planning Commission. The issue was further discussed and it was decided to hear from the opposition. Janet Berry, of SWLR UP, addressed the Commission in opposition to the rezoning. She noted that the applicant had been before the Commission three (3) times in the past four (4) years requesting rezoning of this property. Michelle Ready also addressed the Commission in opposition. She stated that the property owner had not made an attempt to work with the neighborhood. She noted that development of this property would be detrimental to the adjacent single family residential property. Gary Patterson also addressed the Commission in opposition. Eric Krebs, of Hope Engineers, noted that Doug Loftin (the property owner) did not know of or consent to the rezoning of this property from MF -6 to R-2 which occurred in 1997. 4 October 18, 2001 ITEM NO.: 2 (Cont.) FILE NO.: Z -6398-B Commissioner Faust asked about the previous applications for this property. Brian Minyard, of the Planning Staff, noted that there was a land use plan amendment in March, 2000 which was withdrawn and a land use plan amendment and PCD request in March, 2001 which was denied. This issue was briefly discussed. Commissioner Floyd noted that the applicant had never proposed to develop the property as multifamily. There was additional discussion pertaining to the appropriateness of the rezoning request and what options the Board of Directors would have in addressing the issue. Mr. Giles explained that the Board of Directors could rezone property on its own motion. u There was a motion to approve the MF -6 rezoning request. Commissioner Nunnley noted that Mr. Loftin bought the property with the understanding that the property was zoned MF -6. He pointed out that the property was rezoned to R-2 without Mr. Loftin's knowledge, and that the Commission should be fair to him and correct the mistake. The Chairman called for a vote on the previous motion. The motion passed by a vote of 7 ayes, 2 nays and 2 absent. The application was approved. �i