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Home My WebLink AboutZ-6554 Staff AnalysisSeptember 17, 1998 TEM NO.: 5 FILE NO.: Z-6554 Owner: Jerry and Juanita Gibson Applicant: Dickson Flake Location: NW corner of Kanis and Bowman Roads Request: Rezone from R-2 to 0-3 and C-3. Purpose: Future office and commercial development Size: 1.13± acres to 0-3; 10.12± acres to C-3 Existing Use: Landscape nursery and undeveloped tract SURROUNDING LAND USE AND ZONING North - Shopping Center, zoned C-3 South - Mini -warehouses and other commercial uses; zoned C-3 and PCD East - Undeveloped, zoned R-2 and New shopping center, zoned C-3 West - Shopping center, zoned C-3, Single Family, zoned R-2 and undeveloped, zoned R-2 and PCD PUBLIC WORKS COMMENTS 1. Kanis Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required. 2. Bowman Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required plus 10 feet for future right -turn lane at this arterial intersection for a distance of 250 feet from the new Kanis right-of-way line. 3. A 20 feet radial dedication of right-of-way is required at the corner of Kanis Road and Bowman Road. 4. With development, provide design of streets conforming to minor arterial standards including right -turn lane on Bowman. Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. 5. Grading permit will be required on this new development, if more than one acre is disturbs. 6. Stormwater detention Ordinance applies to this property. September 17, 1998 ITEM NO.: 5 (Cont.) FILE NO.: 2-6554 PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA bus route. A bus route is located just north of the site, at Bowman and Hermitage Roads. NEIGHBORHOOD ASSOCIATION NOTIFICATION The Gibralter Heights, Point West, Timber Ridge and Birchwood Neighborhood Associations were notified of the rezoning request. LAND USE ELEMENT This request for zoning is running concurrently with a minor Land Use Plan. See Staff Report on Item #2, LU98-18-02 for more information. The zoning request is not in conformance with the plan for the following reasons: 1) There are available sites for commercial development in the area either already zoned such or shown on the Land Use Plan. 2) The Planning Commission just approved a land use recommendation for this site as Mixed Office Commercial with an "enhanced two-lane" section for Kanis Road. Big Box development is not compatible with this roadway type. 3) It is reasonable with the existing zoning pattern to have an office or mixed development, as shown on the plan, for this site. 4) This is a developing area of Little Rock and the City should carefully review commercial requests and changes to the Land Use Plan that would intensify the use patterns. Over the last several years, parcels along Chenal Parkway have changed from office and multi -family to commercial. Traffic congestion continues to build in this area. No reason has been given to show need to change the plan. Staff could consider an increase in intensity along Bowman Road if the intensity along Kanis Road stayed at or below its' current intensity as shown on the Land Use Plan. STAFF ANALYSIS The request before the Commission is to rezone various tracts located at the northwest corner of Kanis and Bowman Roads from R-2 Single Family to 0-3 General Office and C-3 General Commercial. 10.12± acres fronting onto Kanis and Bowman Roads is proposed for C-3 zoning. 1.13± acres on the north side of Kanis, 400 feet west of Bowman, is proposed for 0-3. The property proposed for 0-3 zoning is currently undeveloped. A nonconforming plant nursery/greenhouse K September 17, 1998 ITEM NO.: 5 (Cont.)FILE NO.: 2-6554 occupies approximately 3.7± acres of the area proposed for C-3 zoning directly at the corner of Kanis and Bowman. The remainder of the area proposed for C-3 zoning consists of one single family residence and a large tract of undeveloped land adjacent to the Sam's/Walmart Shopping Center. No specific development is proposed for the site at this time. The property is located in an area of mixed zoning and extremely varied uses. The intensely commercial Chenal Parkway/Bowman Road intersection is directly north of the site. Uses in this area include a wide variety of retail commercial businesses such as Sam's, Walmart, Home Quarters and Best Buy. A new shopping center is under construction across Bowman Road, to the east. Also across Bowman, at the northeast corner of Kanis and Bowman, is an undeveloped tract which is currently zoned R-2. The C-3 and PCD zoned properties across Kanis, to the south, contain a variety of uses including offices, office/warehouses and mini - warehouses. An undeveloped 6.8± acre tract to the west was previously approved as a PCD for a shopping center. This PCD has expired and could be revoked. If it is revoked, the property will revert to its previous zoning which is C-3 for 2.7± acres on Kanis and 0-3 for 4.1± acres on the north. In view of the established zoning pattern and uses in the area, staff believes it is reasonable to consider office and commercial zoning for the site. The Ellis Mountain District Land Use Plan currently recommends Mixed Office Commercial for the site. A Land Use Plan amendment to Office and Commercial is on this agenda (LU98-18-02). Staff is concerned about the amount of commercial zoning proposed by the applicant, primarily the proposal to extend commercial to Kanis Road. The Kanis Road corridor has been the subject of intense study and discussion for many months. The general consensus of discussions was that additional commercial zoning should be discouraged along Kanis Road. The Mixed Office Commercial Land Use Designation provides for land to be developed as a mixture of office and commercial. The applicant has proposed a rezoning which is 89 percent commercial and 11 percent office. Staff does not believe this percentage meets the spirit of the Mixed Office Commercial concept. That issue combined with the applicant's proposal to extend commercial zoning southward to Kanis Road precludes staff from being able to support the application. Staff believes it would be more appropriate to extend the 0-3 zoning along the entire Kanis Road frontage at a depth of not less than 200 feet. This would allow commercial zoning for the Bowman Road frontage adjacent to the Sam's/Walmart site. Such an arrangement would result in 3 September 17, 1998 ITEM NO 5 (Cont.) FILE NO.: Z-6554 approximately 2.9± acres being 0-3 and 8.3± acres being C-3. The percentage would be 35 percent office and 65 percent commercial. More importantly, the property fronting onto Kanis and directly at the intersection would be zoned 0-3. STAFF RECOMMENDATION Staff recommends denial of the application as filed. PLANNING COMMISSION ACTION: (SEPTEMBER 17, 1998) The applicant was present. There were no objectors present. The presentation and discussion of this item followed a lengthy discussion of the proposed Land Use Plan Amendment (LU98-18-02) which was item No. 2 on this agenda. The applicant presented a site plan which the Commission felt met the existing land use plan designation of Mixed Office Commercial. The Commission voted not to change the Plan. Staff presented the rezoning request and an amended recommendation of approval subject to the following conditions proposed by the applicant during the discussion of the Land Use Plan Amendment: 1. There is to be no building constructed in the 150 foot by 150 foot area directly at the southeast corner of the proposed C-3 zoned property. 2. The property proposed for C-3 zoning is to be limited to two driveways onto Kanis Road. The eastern drive, located approximately 200 feet west of the Kanis/Bowman intersection, is to be a right -turn exit only. The western driveway, located approximately 300 feet west of the Kanis/Bowman intersection, is to be a service entrance/exit only. In response to a question from the.Commission, the applicant Dickson Flake, agreed to the conditions. A motion was made to approve the rezoning request, including the conditions provided by the applicant. The motion was approved by a vote of 11 ayes, 0 noes and 0 absent. 4