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HomeMy WebLinkAboutZ-6813 Staff AnalysisMarch 2, 2000 ITEM NO.: 5 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z-6813 Terry -Pincus Jim Gray 9400 Stagecoach Rezone from R-2 to MF -12 Add to adjacent property for future multifamily development 4.98± acres Undeveloped, wooded SURROUNDING LAND USE AND ZONING North - Golf driving range; zoned PCD (proposed for rezoning to PCD and R-2) South - Undeveloped, wooded; zoned MF -12 East - Church; zoned MF -18 and Single Family; zoned R-2 West - Undeveloped; zoned R-2 PUBLIC WORKS COMMENTS 1. Stagecoach Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from new centerline is required. With Building Permit 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 3. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks 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. 6.A Sketch Grading and Drainage Plan per Sec. 29-186(e) will be required. 7.A Grading Permit for Special Flood Hazard Area per Sec. 29-186(b) will be required. 8. A Development Permit for Flood Hazard Area per Sec. 8-283 will be required. 9. Contact the ADPC&E for approval prior to start of work. March 2, 2000 ITEM NO.: 5 (Cont.) PUBLIC TRANSPORTATION ELEMENT The site is not located on a CATA bus route. PUBLIC NOTIFICATION FILE NO.: Z-6813 All owners of property within 200 feet of the site, all residents within 300 feet and the Otter Creek and Crystal Valley Neighborhood Associations were notified of the rezoning request. LAND USE PLAN ELEMENT The property is located within the Otter Creek Planning District. The adopted plan recommends Mixed Use for the eastern 600± feet of the tract nearest Stagecoach Road and Single Family for the remaining 270± feet to the west. MX does allow for residential uses, including multifamily. A 100 foot wide easement runs east to west through the property. The easement renders the northern half of the tract virtually unbuildable. Of the remaining property south of the easement, only a very small portion lies within the area designated single family. In staff's opinion it is appropriate to tie the development of this tract to the MF - 12 property to the south since the easement prohibits full development of the tract on its own and also acts as a barrier to tying development of the tract to the property on the north. Prior to August 17, 1999, the Land Use Plan recommended multifamily for the tract. On that date, the plan was amended to its current mixed use/single family designation in response to a proposed post office development on nearby property (Ord. No. 18,091). The Mixed Use/Single Family designation conforms to the Otter Creek/Crystal Valley Neighborhood Action Plan which was a work in progress at the time and is on the Planning Commission's March 2, 2000 agenda. A stated goal of the Action Plan is to limit future multifamily development to those properties which are currently zoned multifamily. At staff's suggestion, the applicant has offered to zone the area of the easement and the small portion of the tract north of the easement to OS Open Space, leaving only a relatively small area south of the easement to actually be 2 March 2, 2000 ITEM NO.: 5 (Cont.) FILE NO.: Z-6813 zoned MF -12. This further strengthens staff's opinion that the zoning request is appropriate. STAFF ANALYSIS The request before the Commission is to rezone this 4.98± acre tract from R-2 to MF -12. The property is currently undeveloped. Once rezoned, the property will be added to the 10.2 acre, MF -12 zoned tract adjacent to the south for future multifamily development. The tract averages 248 feet in width and 920 feet in depth. A 100 foot wide easement covers the north half of the eastern 650 feet before it angles downward to the southwest corner of the tract. The property is bordered by an undeveloped, wooded, 10± acre, MF -12 zoned tract to the south. Undeveloped R-2 zoned property is adjacent to the west. A church is located on an MF -18 zoned tract across Stagecoach Road to the east. The large tract to the north is zoned PCD and contains a golf driving range. On February 17, 2000, the Commission was scheduled to review several issues related to the driving range property. These included: a revocation of the PCD, returning the property to R-2; a preliminary plat creating 4 nonresidential lots nearer Stagecoach Road and setting aside a 14± acre tract to the rear for future single family development; and a short form PCD to allow C-2 uses on one of the 4 nonresidential lots. Staff believes the applicant's rezoning request to be appropriate for this tract. The 100 foot wide easement impacts the tract to the degree that it is virtually unbuildable for a freestanding use. The location of the easement along the north half and western portion of the tract limits the developable portion to the south, adjacent to the MF -12 tract. It appears to be reasonable to develop this area in conjunction with development of the tract to the south. The Otter Creek District Land Use Plan recommends Mixed Use (MX) for the eastern 600 feet of the tract. Mixed use allows for residential development, including multifamily. The western 300± feet of the tract lie within an area designated single family by the Land Use Plan. Of this 300 foot area, only a small portion lies outside of the 100 foot easement. 3 March 2, 2000 ITEM NO.: 5 (Cont.) FILE NO.: Z-6813 The applicant has agreed to zone the area of the easement and the small portion of the tract north of the easement to Open Space (OS). This leaves only a small area south of the easement to actually be zoned MF -12. The area of Open Space zoning may be counted in determining the allowable density for the tract. STAFF RECOMMENDATION Staff recommends approval of the requested MF -12 zoning, with the area of the easement and the area north of the easement to be zoned OS, Open Space. PLANNING COMMISSION ACTION: (MARCH 2, 2000) The applicant was present. There were several objectors and interested parties present. Many letters of opposition had been received and forwarded to the commissioners. Staff presented the item and recommended approval of the MF -12 zoning with the area of the easement and the area north of the easement to be zoned OS, Open Space. The applicant, Jim Gray, stated that he would reserve his comments to respond to the opposition. Cathy Coston, chair of the Steering Committee for the Otter Creek/Crystal Valley Neighborhood Action Plan, addressed the Commission. On behalf of the committee, Ms. Coston asked the Commission to "stick to the Plan." As an individual, Ms. Coston stated that she supported the zoning request. She stated that the best possible use of the property was to tie development of the tract to the property adjacent to the south. Ms. Coston stated that there would be some increased impact from the additional multifamily but not so great as to warrant denial. She stated that there were other Steering Committee members who agreed with her. Janet Berry, of Southwest Little Rock United for Progress, stated she was neutral on the issue but she did support the OS zoning in exchange for an increased number of units. Norm Floyd stated he also supported the requested multifamily zoning. Mr. Floyd stated it was a "sense of doing what's right" to tie development of this tract to the adjacent 10 acre multifamily site. 4 March 2, 2000 ITEM NO.: 5 (Cont.) FILE NO.: Z-6813 Larry Welch, of 16001 Crystal Valley Road, spoke in opposition. Mr. Welch said the area did not need more mobile homes or more apartments. Oley Rooker, president of the Crystal Valley Neighborhood Association, spoke in opposition. He asked those present who were in opposition to stand. Approximately 12 persons stood. Mr. Rooker voiced concerns about area stormwater drainage, increased residential density and traffic. David Henning, of 9301 Stagecoach Road, stated he was also concerned about drainage problems in the area. Barbara Price, of 9608 Stagecoach Road, also voiced concerns about drainage problems and traffic. At this point in the meeting, there were only 8 commissioners present. Chair Pam Adcock offered Mr. Gray the opportunity to defer the item. Mr. Gray chose to continue. In response to a question from the Commission, Public Works Director Bob Turner discussed the drainage issues in the area and the City's stormwater detention ordinances. Commissioner Nunnley asked if the discussion of drainage and runoff issues was germaine to the issue of rezoning. Deputy City Attorney Steve Giles responded that it should not be the controlling issue but it should be an issue to be taken into consideration. Lynn Love, of 5 Westfield Circle, spoke in opposition. Commissioner Earnest asked Mr. Turner to respond to a statement that the drainage structures under Stagecoach Road were causing an impediment to drainage in the area. Mr. Turner responded that the ongoing expansion of Stagecoach Road was an Arkansas Highway and Transportation Department project and he could not immediately address construction issues related to the project. Commissioner Hawn commented that the zoning request did conform to the Land Use Plan. A motion was made to approve the MF -12 and OS zoning. The motion was approved by a vote of 6 ayes, 1 noe, 3 absent and 1 abstaining (Nunnley). 5