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HomeMy WebLinkAboutZ-6804 Staff AnalysisMarch 2, 2000 ITEM NO.: G FILE NO.: Z-6804 Owner: Lee and Greg Hatcher; Rush Harding; Bob Alexander Applicant: Lee Hatcher Location: 6800-6900 Pinnacle Valley Road and adjoining property Request: Rezone from R-2 to AF Purpose: Residential, equestrian facilities and private, soccer practice field Size: 3 tracts totaling 133.9± acres Existing Use: Residential and equestrian facilities SURROUNDING LAND USE AND ZONING North - Undeveloped and Maumelle River; zoned AF and R-2 South - Railroad and Sparse Single Family; zoned R-2 East - Undeveloped and Sparse Single Family; zoned R-2 West - Railroad and undeveloped; zoned R-2 PUBLIC WORKS COMMENTS 1. Dedicate regulatory floodway easement to the Public. With Building Permit 2. Grading permit and development permits for special flood hazard area are required prior to construction. 3. NPDES and grading permits are required prior to construction, site grading and drainage plan will need to be submitted and approved. 4. Provide parking and access to soccer fields. PUBLIC TRANSPORTATION ELEMENT The site is located outside of the City and is not on a CATA bus route. March 2, 2000 ITEM NO.: G (Cont.) FILE NO.: Z-6804 PUBLIC NOTIFICATION All owners of property located within 200 feet of the site were notified. Staff has no database to notify residents located outside of the City. The River Valley Property Owners Neighborhood Association was notified of the rezoning. LAND USE PLAN ELEMENT The site is located in the Pinnacle Planning District. The adopted Plan recommends Single Family for the site with open space recommended for that area within the floodway. AF is an appropriate zoning for this property on the Urban Fringe. Single family is an allowable use in AF and no plan change is required. STAFF ANALYSIS The owners of three tracts totaling 133.9± acres located at 6800-6900 Pinnacle Valley Road are requesting that the zoning be reclassified from "R-2" Single Family to "AF" Agriculture and Forestry District. The property is located on the west side of Pinnacle Valley Road and is bounded by the Little Rock and Western Railroad on the south and the Little Maumelle River on the north. The property is outside of the city limits but is within the City's extraterritorial zoning jurisdiction. Ownership of the tract is roughly divided into thirds. The southern 41.9± acre tract is owned by Greg and Lee Hatcher. The Hatchers are in the process of building private soccer fields on the property for the exclusive use of their children's soccer teams. The fields will not be for public use and are to be used for practice and scrimmage games. The middle 52± acre tract is owned by Rush Harding. The Hardings have recently built equestrian facilities on this tract, including barns, stalls, pastures and riding areas. The northern 40± acre tract is owned by Bob Alexander. This tract is undeveloped and no specific plans have been submitted for the property. The property is located in a sparsely developed area on the fringe of the City. The City limits follow the railroad, E March 2, 2000 ITEM NO.: G (Cont.) FILE NO.: Z-6804 south of the tract. Large areas of undeveloped property abut the site on the west and north. Scattered single family homes on larger tracts and larger undeveloped properties are to the east of the site. A newer, single family residential subdivision is being developed south of the tract, beyond the railroad tracks, in the City. A substantial portion of the 133.9± acres is in the floodplain and is impacted by the Little Maumelle River and its tributaries and drainage -ways. Portions of the site are in the regulatory floodway. Staff believes the requested AF zoning is appropriate for the site. The viability of single family development on the property is questionable, due to floodway/floodplain concerns. The AF district is intended to provide a smooth transition between purely rural areas and newly urbanized areas. Permitted uses in AF are: (1) Single-family residences, together with the usual accessory uses. (2) Agriculture and forestry operations, to include the raising of livestock and poultry. (3) Governmental or private recreational uses, including but not limited to golf courses, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space. (4) Plant nursery. The requested AF zoning is compatible with uses and zoning in the area. No Land Use Plan Amendment is necessary to accommodate the rezoning. Those portions of the site which lie within the regulatory floodway should be zoned "OS" Open Space and protected by a floodway easement. STAFF RECOMMENDATION Staff recommends approval of the requested AF zoning with that portion of the site which lies within the regulatory floodway to be zoned OS. PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) The applicant was present. There were no objectors present. Staff informed the Commission that the applicant had 3 March 2, 2000 ITEM NO.: G (Cont.) FILE NO.: Z-6804 submitted a letter on February 9, 2000 requesting that the item be deferred to the March 2, 2000 meeting. The applicant had a previously scheduled out of town commitment. The item was placed on the Consent Agenda and deferred to the March 2, 2000 meeting. The vote was 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 2, 2000) The applicants were present. There were several persons present both in support and in opposition. One letter of opposition had been forwarded to the Commission. Staff presented the item and a recommendation of approval. Commissioner Earnest noted that he had met on the site with Greg Hatcher, the applicant; Dr. Laura Otter, a neighboring property owner; and Director Larry Lichty. Several other commissioners commented that they too had had contact with the applicant. Commissioner Nunnley asked if this issue could have been addressed through a process other than AF zoning. Jim Lawson, Director of Planning and Development, responded that AF zoning was the appropriate action to accommodate the proposed uses. In response to a question from Commissioner Nunnley, Mr. Lawson described the proposed uses for two of the tracts and noted that no specific use was being proposed for Mr. Alexander's tract. At Commissioner Rahman's request, Mr. Lawson and Dana Carney, also of the Planning Staff, further discussed staff's reasoning for supporting the AF zoning. Scott Trotter, attorney representing the applicants, addressed the Commission. He recognized the children's soccer team and their parents who were present at the meeting. Mr. Trotter described the proposed use of the property. He noted the letter of opposition from Drs. Otter and Henry and stated that the applicants were not even aware that a house was located nearby, due to the distance and the trees. He noted the offers made by the Hatchers to the Doctors (outlined in a March 1, 2000 letter) to help mitigate any impact from the soccer fields. 4 March 2, 2000 ITEM NO.: G (Cont.) FILE NO.: Z-6804 Rush Harding, the owner of the tract occupied by the equestrian facility, addressed the Commission. He stated that he was surprised at any objection, considering that the entire property was considered at one time for development of a City Soccer complex. Mr. Harding stated that he had a seven figure investment in his property and he would not have sold the land to the Hatchers if he thought it would impact his investments. He asked the Commission to look at the Hatcher's motivation, which in his opinion was sacrificial interest, not profit. Mr. Harding stated that he felt the project would be a quality addition to development of the overall area. Greg Hatcher addressed the Commission. He stated that he did not want a conflict with neighboring property owners and had tried to address their concerns. Mrs. Regina Norwood, of 7311 Hidden Valley Road, stated that she had suspicion about where this development would end. She asked if this use was related to the City's past effort to develop soccer fields in the area. Ms. Norwood commented on her concerns about traffic, noise and lighting. Rosanna Henry, of the area property owners association, stated she had concerns about the proposed soccer fields. She cited traffic problems on Pinnacle Valley Road. Robert Henry, of 6000 Rummel Road, addressed the Commission in opposition to the rezoning. He stated his primary opposition was to the soccer fields but that there were other uses in AF that were objectionable. Mr. Henry suggested a Planned Development to allow the soccer fields, with no lights. He stated that he was fine with the AF zoning proposed for the Alexander and Harding tracts. In response to a question from Commissioner Rahman, Mr. Henry stated that his home was located 250-300 feet from the soccer field. Laura Otter, of 6000 Rummel Road, also spoke in opposition. She complemented Mr. Harding's equestrian facility. Ms. Otter stated that although you cannot see her home from the soccer fields, you can see the soccer fields from her home. She expressed concerns about noise and lighting. Ms. Otter stated that Mrs. Hatcher did come to her home to discuss the issue and she was appreciative of Mr. Hatcher's letter and his offers. 5 March 2, 2000 ITEM NO.: G (Cont.) FILE NO.: Z-6804 A motion was made to approve the rezoning, as presented. Commissioner Berry asked if the Hatcher letter constituted conditions to be attached to the zoning. Steve Giles, of the City Attorney's Office, responded that it did not. Commissioner Downing commented that the letter may be an agreement between the parties. Commissioner Earnest stated that he supported staff's recommendation and that he felt it would be a good use of the land. In response to a request from Commissioner Berry, staff listed the permitted uses in AF. The vote on the motion was 9 ayes, 0 noes and 2 absent. 6