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HomeMy WebLinkAboutZ-6732-A Staff AnalysisSeptember 2, 1999 annFunTTM Item No.: 10 Z-6730 through Z-6737 CONDITIONAL USE PERMITS FOR NEW DOWNTOWN ZONING STAFF REPORT: As part of the downtown rezoning effort, property owners were given the opportunity to request conditional use permits. This was done in an attempt to reduce the number of nonconforming uses which might otherwise have occurred. The idea is to allow existing uses to continue to operate as legal uses, if at all possible. In the letters to property owners, they were given the option of providing a legal description and letter asking for a conditional use. Eight request were received and are described below: Z -6370-A Southwest Hotels, C.U.P. for lots 1-12 Block 292 and 1-3 Block 260 Original City. This is an area which currently has 11I-2" Light Industrial zoning. The C.U.P. is for an existing warehouse use and expansion on to lots 10-12 Block 292 Original City using similar construction materials. This is the block between Capitol/4t' Street and Cross/Ringo Streets. The C.U.P. further allows for a commercial surface parking lot on lots 1-3 Block 260 Original City. This would replace a lot on lots 10-12 Block 292 Original City. This is the block between Capitol/4t' and Ringo/Chester. Both exchanges would be on 4t' Street. The C.U.P. allows 11I-2" uses and expansion of the use as noted. Z -6730-B Arkansas Graphics, for lots 1-12 Block 175 Original City. Arkansas Graphics currently occupies half of this block and plans to expand into the other half. The area is currently zoned 11I-2" Light Industrial. The existing use does not require a C.U.P. in the Urban Use District. The proposed addition may. The addition is to be located on 9'�" Street. The site is between 8th /9th Streets and State/Gaines Streets.. The C.U.P. allows"I-2" uses and the expansion noted. Z -6731-A, Heartland C.U.P. for lots 1-12 Block 13 Original City. This area is currently zoned "GB" General Business and "HR" High Density residential. The site is located between I-630/13' September 2, 1999 ITEM NO.: 10 (Cont.) Z-6730 through Z-6737 Street and Main -Scott Streets. The business is in place. The request is to allow 11I-2" uses on this block. Z -6732-A, McElroy C.U.P. for lots 1-12 Block 9 Rectortown Addition. This area is currently zoned "I-2" Light Industrial. The site is located between I-30/Collins and 4th/Capitol Avenue. There is an existing industrial use. The request is to allow 11I-2" uses on this block. Z -6732-B, Hayre C.U.P. for lots 7-9 Block 12 Rectortown Addition. The current zoning is "I-2" Light Industrial. The site is the northwest corner of 6th and Collins. The use is Industrial. The request is to continue the current use, which includes outside storage of materials. The owner also cannot meet the opening requirements and is planning further renovations to the structure, which will not meet this requirement. The owner wishes to continue operations at this site and requires these modifications - "I-2" uses and above modifications as noted on these urban use lots. Z -6734-A, Poe C.U.P. for lots 4-5 Block 44 Original City. The current zoning is "HR" High Density residential. The site is in the 900 Block of Cumberland. The office use is existing. The request is to allow "C-1" uses on these R -4A lots. Z -6734-B, Strehn C.U.P. for southeast corner of Trapnell Block in Stevenson's Addition. The current zoning is "HR" High Density Residential. The site is the northwest corner of 6th and Sherman. This is a multifamily structure with office use as well as residential. The request is to allow "C-1" uses on this R -4A lot. Z -6734-C, 2nd Baptist C.U.P. for the West '-t lots 4-6 Block 42 Original City. The current zoning is "HR" High Density residential. The site is the northeast corner of 8th and Cumberland Streets. The use is for religious education and related uses. The request is to allow "C-1" uses on these R -4A lots. Z -6734-D, Hundley C.U.P. for lots 1-3 Block 44 Original City. The current zoning is "HR" High Density Residential. The site is the southeast corner of 9th and Cumberland. The owner is requesting Multifamily and "C-1" neighborhood uses based on existing and surrounding uses. 2 September 2, 1999 ITEM NO.: 10 (Cont.) Z-6730 through Z-6737 Z -6735-A, Parkview Towers C.U.P. for parts of Blocks 56 and 57 Original City. The current zoning is "HR" High Density Residential. The site is located 1200 Cumberland. The use is a elderly retired housing with 128 units. The request is for a conditional use permit for Multifamily. Z -6732-C, Meyer C.U.P, for lots 1-6 Block 8 Rectortown and lots 1-6 Block 3 Woodruff's Addition. The current zoning is "I-2" Light Industrial. The site is located between Collins/Byrd and 6t'/7t' Streets. The existing use is Commercial and Industry. The request is for "I-2" uses on these Urban Use lots. 11 3 September 16, 1999 Item No.: 3 Z-6730 through Z-6737 Owner: Various Applicant: City of Little Rock Location: Cross to College, Arkansas River to 15th Street Request: Rezone from various in the Downtown area Purpose: Encourage a more urban, pedestrian oriented development pattern of mixed uses. Existing Use: Various STAFF REPORT: As part of the Framework for the Future (Downtown) review, alternative development standards were viewed as necessary. The desire was. to achieve a development pattern which was more urban and pedestrian oriented. After discussion the committee reviewing downtown decided a new zone classification was necessary to allow and encourage "urban", "pedestrian friendly" development. A draft ordinance was prepared which attempted to address the issues raised by the committee. The draft was made a part of the committee's final work - the Framework for the Future. The basic tenant was, use should not be a major issue as long as it is inside and does not adversely affect the neighbors. Other important issues are described below. Buildings should be on the street with surface parking limited and only to the rear or side. Sidewalks and streets should encourage pedestrian activity and movement. Residential should be allowed everywhere, with MacArthur Park residential protected. There should be a unique urban feel to downtown with pedestrian friendly buildings and streets. A second committee (three Planning Commissioners, three property owners, three representatives of Downtown Groups (Downtown Partnership, Downtown Neighborhood Association, MacArthur Park Residents Association) and a representative of the League of Women Voters) reviewed the concepts developed by the Framework for the Future committee and a new draft ordinance was developed. September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 The second committee surveyed property owners to get their reactions to the concepts. These comments were discussed prior to formation of a draft ordinance. In late spring 1999, a draft ordinance was distributed to property owners for comment.. In order to achieve the recommendations of the Framework for the Future committee and Downtown Zoning Committee, three primary actions are needed: addition of new zone district(s), reclassification of areas to the new district(s), and repeal of the Zoning Plan for Central Little Rock Urban Renewal Project. Based on the work of the Downtown Zoning Committee, two zone classifications are proposed for addition to the Zoning Ordinance. They are Urban Use and Low Density Residential. Urban Use�:District is designed for "older" established commercial or business districts or for area where pedestrian oriented development which is mixed in nature is desired. The Low Density Residential District is patterned after the City's "R-4" Two Family District and Capitol Zoning's "M" Residential District. This district allows for a variety of residential uses and some nonresidential use (as a conditional use). The pattern reflects the existing mix and tries to capture the things liked about Capitol Zoning over the city's regulations. This change requires additions to the definitions section, height and area exception section, districts established section, exception/modifications (zoning buffer) section as well as adding the two new classifications. The attached outline has the proposed changes and wording for the new districts. Once the new districts are part of the ordinance, the recommendation of both committees is to rezone the Downtown area under city zoning regulations to one of the two districts. That is the area between Cross Street east to I-30 and the Arkansas River to I-630 would be the Urban Use District except for Riverfront Park and an area around MacArthur Park. The two Parks would be zoned Open Space (OS). The area between 6t' and 9t' Streets, Ferry to Cumberland and 9t' Street to I-630, Commerce to Scott north and west of MacArthur Park would be zoned Low Density Residential (see attached sketch map). The final change is to remove the Zoning Plan for Central Little Rock Urban Renewal Project from the zoning code. This portion of the zoning code is over thirty years old and has proven to be difficult for staff to use and explain. Having Downtown zones be 2 September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 throucrh Z-6737 part of the basic zoning code for the entire city is seen as more desirable and workable. In order to ease the change to the new classifications, staff has offered to grant C.U.P.'s with the zone change. These C.U.P. requests will be included as an addendum to allow property owners more time. STAFF RECOMMENDATION: Approval ADDENDUM CONDITIONAL USE PERMITS FOR NEW DOWNTOWN ZONING STAFF REPORT: As part of the downtown rezoning effort, property owners were given the opportunity to request conditional use permits. This was done in an attempt to reduce the number of nonconforming uses which might otherwise have occurred. The idea is to allow existing uses to continue to operate as legal uses, if at all possible. In the letters to property owners, they were given the option of providing a legal description and letter asking for a conditional use. Eight request were received and are described below: Z -6370-A Southwest Hotels, C.U.P. for lots 1-12 Block 292 and 1-3 Block 260 Original City. This is an area which currently has 11I-2" Light Industrial zoning. The C.U.P. is for an existing warehouse use and expansion on to lots 10-12 Block 292 Original City using similar construction materials. This is the block between Capitol/4t' Street and Cross/Ringo Streets. The C.U.P. further allows for a commercial surface parking lot on lots 1-3 Block 260 Original City. This would replace a lot on lots 10-12 Block 292 Original City. This is the block between Capitol/4t' and Ringo/Chester. Both exchanges would be on 4t' Street. The C.U.P. allows "I-2" uses and expansion of the use as noted. Z -6730-B Arkansas Graphics, for lots 1-12 Block 175 Original City. Arkansas Graphics currently occupies half of this block September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 and plans to expand into the other half. The area is currently zoned "I-2" Light Industrial. The existing use does not require a C.U.P. in the Urban Use District. The proposed addition may. The addition is to be located on 9th Street. The site is between 8th/9th Streets and State/Gaines Streets. The C.U.P. allows "I-2" uses and the expansion noted. Z -6731-A, Heartland C.U.P. for lots 1-12 Block 13 Original City. This area is currently zoned "GB" General Business and "HR" High Density residential. The site is located between I-630/13th Street and Main -Scott Streets. The business is in place. The request is to allow "I-2" uses on this block. Z -6732-A, McElroy C.U.P. for lots 1-12 Block 9 Rectortown Addition:. This area is currently zoned "I-2" Light Industrial. The site' -is located between I-30/Collins and 4th/Capitol Avenue. There is an existing industrial use. The request is to allow "I-2" uses on this block. Z -6732-B, Hayre C.U.P. for lots 7-9 Block 12 Rectortown Addition. The current zoning is 11I-2" Light Industrial. The site is the northwest corner of 6th and Collins. The use is Industrial. The request is to continue the current use, which includes outside storage of materials. The owner also cannot meet the opening requirements and is planning further renovations to the structure, which will not meet this requirement. The owner wishes to continue operations at this site and requires these modifications - "I-2" uses and above modifications as noted on these urban use lots. Z -6734-A, Poe C.U.P. for lots 4-5 Block 44 Original City. The current zoning is "HR" High Density residential. The site is in the 900 Block of Cumberland. The office use is existing. The request is to allow "C-1" uses on these R -4A lots. Z -6734-B, Strehn C.U.P. for southeast corner of Trapnell Block in Stevenson's Addition. The current zoning is "HR" High Density Residential. The site is the northwest corner of 6th and Sherman. This is a multifamily structure with office use as well as residential. The request is to allow "C-1" uses on this R -4A lot. Z -6734-C, 2nd Baptist C.U.P. for the West '-� lots 4-6 Block 42 Original City. The current zoning is "HR" High Density residential. The site is the northeast corner of 8th and Cumberland Streets. The use is for religious education and 4 September 16, 1999 ITEM NO.: 3 related uses lots. Cont. ) Z-6730 through Z-6737 The request is to allow "C-1" uses on these R -4A Z -6734-D, Hundley C.U.P. for lots 1-3 Block 44 Original City. The current zoning is "HR" High Density Residential. The -site is the southeast corner of 9t' and Cumberland. The owner is requesting Multifamily and "C-1" neighborhood uses based on existing and surrounding uses. Z -6735-A, Parkview Towers C.U.P. for parts of Blocks 56 and 57 Original City. The current zoning is "HR" High Density Residential. The site is located 1200 Cumberland. The use is a elderly retired housing with 128 units. The request is for a conditional use permit for Multifamily. Z-6732-C,.Meyer C.U.P, for lots 1-6 Block 8 Rectortown and lots 1-6 Block 3 Woodruff's Addition. The current zoning is "I-2" Light Industrial. The site is located between Collins/Byrd and 6t'/7t' Streets. The existing use is Commercial and Industry. The request is for "I-2" uses on these Urban Use lots. PLANNING COMMISSION ACTION: (SEPTEMBER 2, 1999) Because of the changes proposed by this item, the Commission asked that this item be deferred to allow for more time to review the proposal. The item was placed on the Consent Agenda for deferral to September 16, 1999. By a vote of 10 for, 0 against (Commissioner Adcock absent), the item was deferred. PLANNING COMMISSION ACTION: (SEPTEMBER 16, 1999) Walter Malone, Planning Staff, reviewed the process used to get the draft proposal to this point and then the specifics of the new zoning classifications for Downtown. After review of the specifics within the proposed "Urban Use" and "R -4A" districts, Mr. Malone began the presentation of the eleven requests for conditional uses within the proposed "Urban Use" and "R -4A" areas. These are existing uses and or allow an owner to keep an existing permitted use. There was discussion about the industrial uses in the areas near the Presidential Library site and whether we really wanted to keep them legal uses. Mr. Malone proceeded to review the conditional use requests. 5 September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 The items were reviewed from east to west starting with Z -6732-A McElroy C.U.P. This is a request for light fabrication, machine shop and warehousing in the city block between Collins and Rector, 4th and Capitol. The business is existing and wishes to continue operation. Z -6732-B, Hayre C.U.P. is for light fabrication and warehousing (including outside storage). The site is located on the northwest corner of Collins and 6th Streets. The existing use and zoning are industrial. Z -6732-C, Meyer C.U.P. is for light fabrication, machine shop and warehousing. The site is between Byrd and Collins from 6th to 7th Streets. There are several small businesses in one structure. The existing zoning is industrial. There are five requests for conditional use permits within the R -4A district around MacArthur Park. First is Z -3734-B Strahn C.U.P. The request is for professional offices located in a structure at the northwest corner of 6th and Sherman Streets. Second Baptist C.U.P. (Z -6734-C) located on Cumberland at 8th Street is a request for religious and philanthropic organization. This is an existing part of the Second Baptist campus. The next two are adjacent. Z -6734-D Hundley C.U.P. is for professional offices and multifamily. The site is the southeast corner of 9th and Cumberland. There are two existing structures and a vacant parcel. Immediately to the south is the Poe C.U.P. (Z -3634-A) for professional offices. This is an existing travel agency. The final request within the R -4A area is Z -6735-A, Parkview Towers C.U.P. The request is for multifamily. There is an existing apartment between Commerce and Rock Streets, 11th Street and I-30. The Heartland C.U.P. (Z -6731-A) is located between Main and Scott Streets, 13th Street and I-30. The request is for warehousing. The current use is a Pinter. The proposal is not to change the actual use.I There is some warehousing on site. Z -6730-B Arkansas Graphics C.U.P. is a request for warehousing. The site is located between 8th and 9th Streets from State to Gaines Streets. In addition there is an expansion to be located on 9th Street. This addition will be a warehouse in support of the existing business. The C.U.P. request includes construction and siting different than the Urban Use District requires. The final request is Z -6730-A Southwest Hotel C.U.P. The request is for warehousing on the block between 4th Street and Capitol Avenue along Ringo Street. The owner is planning to expand the existing 6 September 16, 1999 ITEM NO.: 3 (Cont. Z-6730 through Z-6737 structure on the northwest corner of Ringo and Capitol. The request includes constructing the building to match the existing structure. A C.U.P. for the southeast corner of 4t' and Ringo Streets is requested for a surface commercial lot. This replaces the lot on the southwest corner which is where they intend to construct the warehouse. Commissioner Rahman asked about the height regulations. Mr. Malone reviewed the proposal and the different boundaries for the greater build height subarea. Commissioner Berry also addressed the height area and the Markham Street boundary versus 2nd or 3=d Streets. There was a discussion about limiting height to protect civic spaces. Jeff Hathaway stated support of the overall effort. However, the areas west of Broadway are different. If the intent is to force the "urban pattern", then you need to understand some development will not occur in the area but will go to other parts of the city. West of Broadway is different in development pattern and lot size. The requirement to bring buildings to the street and forbid parking in the front should be relaxed in this area. The area west'of Broadway competes with "Mid -Town" and "West Little Rock". Along with this development pattern, a nice monument style sign would add to the overall development. Barbara Patty, thanked the Commission for its work on this. Ms. Patty reviewed her involvement in the process. When visiting other cities, she tends to go to the urban center. From those experiences, what makes a downtown that works are: inviting exteriors, lack of dead space, respect for the pedestrian, civic spaces, mixture of uses, (activities and life with buildings residential above, commercial below), and clear attractive signage. Ms. Patty - read paragraph two of the staff report and then asked the Commission to be sure the following were not a cross-purposes with this paragraph. The changes are in the surface parking, drive-in/drive thru, and dumpster location requirements. Kathy Wells asked that the boundaries of the no height area be changed to 3=d and 8th Streets on the north and south. No more looming buildings over historic or residential areas. Further that the "transparency" requirement not be reduced from 60 to 35 percent. If people can see and be seen, we will have a safer downtown. The need to make and keep downtown a safer place is one of our aims. 7 September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 Dickson Flake was called. He indicated he had made all his comments previously (item 2). Commissioner Hawn called on Mr. Hathaway to discuss the issue of front yard parking. There was discussion about loading or one bay parking versus a larger lot in front of the structure and examples in downtown. There was discussion about rear and side parking for commercial uses. The discussion included the use of variances and planned development to permit some additional setback or parking on a case by case basis. There was a discussion about the length of time till the new regulations would take effect. Mr. Lawson stated he would work with Mr.' -Giles to develop a process to identify large projects which might be granted a longer time before implementation. Staff indicated that the Planning Commission's recommendation will be provided to the Board of Directors. Staff clarified that variances could be requested and other normal zoning processes would be available to potentially address issues on specific sites in response to Commissioner Faust's question. There will be some variations through the area. Overlays or the previously discussed methods could be used to address these issues. Additional discussion followed about the "no height" area. Commissioner Lowry asked about the one year request. Mr. Flake stated he believed the process of identification discussed by Mr. Lawson would be workable. Ms. Wells stated since variance, etc. are available why not just say it takes effect in 30 days otherwise ask for conditional use permit. Commissioner Faust wished to have the boundaries of the high buildings modified. Commissioner Berry asked to have the changes "walked through" (transparencies, building height, drive-thru, etc.). Commissioner Putnam asked to defer the item and let Plans Committee "iron out" these issues. The Commission agreed to spend twenty minutes to see if resolution could be found prior to considering deferral. 8 September 16, 1999 ITEM NO.: 3 (Cont.) Z-6730 through Z-6737 Issues identified as in need of resolution were: The area of greater building Height; transparencies 60 versus 35 percent; drive-thru facilities; and front yard parking. Parking issue - not allowing parking in the front of the building. Commissioner Hawn agreed that the Downtown Zone Committee had discussed this issue and we should try the proposed version. Height area - new boundaries were discussed. The north, south and west boundaries were discussed. Mr. Flake expressed concern about reducing the area since the reduction goes to a base, three stories, which is too restrictive. The discussion included the desirability of having intermediate height areas. The Commission concluded that the higher building area would be from between 9th and 2nd Streets, Scott Street and Broadway with the two blocks from 4th to 6th Streets west of Broadway to the Federal Building. Transparency issue - The staff internally had discussed the issue based on comments from Mr. Flake and others. A third of the fagade seemed more reasonable, because we want to have brick and other materials. Commissioner Rahman pointed out this is a minimum standard and most new buildings are more glass. Even though there was some concern about the change, the commissioners agreed to stay with 35 percent. Drive-thru issue - The change was from not seeing or accessing drive-in/drive-thru from any street to "primary streets". Staff's concern was the effect would be to outlaw the use even though alleys are permissible. The Commission concluded to leave the change though some had concern. Commissioner Hawn moved approval as presented with the resolutions developed by the Commission and to include the Conditional Use Permits presented in the application. By a vote of 10 for 0 against the item was approved.