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HomeMy WebLinkAboutZ-6920 Staff AnalysisDecember 7, 2000 ITEM NO.: C Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z-6920 James and Margurette Tice J. Gardner Lile, IV 10;014 Colonel Glenn Road Rezone from R-2 to I-2 Unspecified, future development 2 acres Single family residential structure SURROUNDING LAND USE AND ZONING North - Office/warehouse complex; zoned I-1 South - Wholesale distribution companies; zoned I-2 East - Mixture of site -built homes and single -wide manufactured homes; zoned R-2 West - Nonconforming, wholesale oil products distribution company; zoned R-2 PUBLIC WORKS COMMENTS 1. Colonel Glenn Road is classified on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline is required. With Building Permit 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to this street including 5 -foot sidewalks with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Stormwater detention ordinance applies to this property. 5. A Grading Permit must be obtained prior to commencement of any site work. 6. Contact Mel Hall at Civil Engineering Section at 371-4461 for Floodplain Development Permit information and forms. PUBLIC TRANSPORTATION ELEMENT The site is located on a CATA Bus Route. December 7, 2000 SUBDIVISION ITEM NO.: C (Cont. PUBLIC NOTIFICATION FILE NO.: Z-6920 All owners of property located within 200 feet of the site, all residents within 300 feet and the John Barrow Neighborhood Association were notified of the rezoning request. LAND USE PLAN ELEMENT The site is located in the I-430 Planning District. The adopted Plan recommends "LI" Light Industrial for this site as well as all other properties located around the intersection of Colonel Glenn and Shackleford Roads. The PK/OS designation which encompasses a portion of this site as well as properties adjacent to the east is reflective of a general area along a floodway. No portion of this particular property lies within the regulatory floodway and, as such, the PK/OS designation does not affect the site. The Light Industrial designation has been in place since a general amendment of the I-430 District Plan in 1987. The applicant's I-2, Light Industrial rezoning request conforms to the adopted Plan. The property is located at the southern perimeter of the area covered by the John Barrow Neighborhood Action Plan which was adopted in 1996 and is currently being reviewed. The Plan recognized the area around the Shackleford/Colonel Glenn Intersection as appropriate for "Industrial, distribution and related uses." No changes were proposed by the Action Plan in this area. The I-2 rezoning request conforms to the action plan. STAFF ANALYSIS The request before the Commission is to rezone this 2± acre tract from "R-2" Single Family to "I-2" Light Industrial District. The tract is 141± feet in width and 625± feet in depth, similar to other tracts in the area. A one-story, brick and frame, single-family residential structure is located on the front portion of the tract. The rear of the tract is gravel - covered and appears to be used as parking/truck turning for the abutting industrial use. The applicant indicated no specific plans for the property once it is rezoned. K, December 7, 2000 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6920 The property is located within the Light Industrial node around the intersection of Colonel Glenn and Shackleford Roads. The I- 1 zoned property adjacent to the north is occupied by a multi - building, office/warehouse complex. The R-2 zoned property adjacent to the west is occupied by a nonconforming, wholesale oil distribution company, an industrial use. Beyond the oil company is a wholesale landscape company on an I-2 zoned tract. Riverport Equipment and Aimco Wholesale, two large wholesale distribution companies, are located on the I-2 zoned properties across Colonel Glenn Road, to the south. A mixture of site built homes and single -wide manufactured homes are located on the R-2 zoned tract to the east. A nonconforming auto salvage yard is located on the R-2 zoned tract across Colonel Glenn Road, to the southwest. The I-430 District Land Use Plan recommends LI, Light Industrial, for this tract as well as all of the properties around the Colonel Glenn/ Shackleford`intersection. An area of PK/OS, reflective of a floodway, is located to the east, where the adjacent residential uses are located. The John Barrow Neighborhood Action Plan recognizes this area as being appropriate for industrial, distribution and related uses. The I-2 zoning request is compatible with uses and zoning in the area and conforms to the adopted Land Use and Neighborhood Action Plans. STAFF RECOMMENDATION Staff recommends approval of the requested I-2, Light Industrial, zoning. PLANNING COMMISSION ACTION: (NOVEMBER 9, 2000) The applicant, Gar Lile, was present. There were several objectors present. A letter of support had been submitted by Janet Berry, president of Southwest Little Rock United for Progress. Staff presented the item and a recommendation of approval. 3 December 7, 2000 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6920 Mr. Lile addressed the Commission and stated that the proposed use was a wrecker service. He stated that Metro Towing would improve the property and wanted to be sensitive to neighbors' concerns. Beatrice Wawak, of 10002 Colonel Glenn Road, spoke in opposition. She stated she had lived at that address for 69 years. Ms. Wawak expressed concerns about the lights and noise created by a wrecker service. James Wawak, of 10008 Colonel Glenn Road, spoke in opposition. Mr. Wawak also expressed concerns about the proposed use. He stated the property currently served as a buffer between his family's homes and the industrial uses to the west. Mr. Wawak stated the other industrial uses cease operation at about 5:00 each day while a wrecker service would have activity 24 hours per day. Mark Wawak, of 10010 Colonel Glenn Road, also spoke in opposition and expressed concern about the late hours a wrecker service would operate. Commissioner Rahman asked if I-2 required site plan review. Staff responded that it did not. Commissioner Faust stated that she recognized the neighbors' concerns and asked Mr. Lile if the proposed use was in fact the wrecker service. Mr. Lile responded that Metro Towing was the prospective buyer. Mr. Lile went on to describe the many other Industrial uses in the area and expressed his feeling that Metro Towing would develop the site to be an asset to the neighborhood. Commissioner Rahman asked how the Commission could "get site plan review." Staff responded that .the Commission could require a Planned Development. Commissioner Nunnley asked if there has been any attempt to meet with the neighbors to resolve the issue. Mr. Lile responded that he sent a letter to the neighbors offering to arrange a meeting. Mr. Lile commented that he had spoken with Mark Wawak and that Mr. Wawak had expressed no opposition. Commissioner Downing noted that the rezoning request conformed to the Land Use Plan. He asked what option the Commission had. Deputy City Attorney Steve Giles responded that the Commission must consider all issues pertinent to the rezoning request and F11 December 7, 2000 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6920 that in some cases, such as this, it was not arbitrary to deny a rezoning request. Commissioner Rector expressed concerns about the impact of the proposed zoning on the adjacent residences. Vice Chair Berry asked if the property was within an area covered by a neighborhood action plan and if the neighborhood had responded to the rezoning request. Dana Carney, of the Planning Staff responded that the request did conform to the John Barrow Neighborhood Action Plan and that the only response at all from the notified neighborhood associations was a letter of support from Southwest Little Rock United for Progress. Commissioners Rahman and Faust asked Mr. Lile if his client would consent to amending his application to a Planned Development. Mr. Lile responded that he would agree to defer the item and to come back to the Commission with a Planned Development. Mark Wawak stated that his family was still opposed to the site being developed for use by a wrecker service. Several commissioners commented allow the Commission to address hours of operation. that a Planned Development would such issues as light, noise and A motion was made to defer the item to the December 7, 2000 Commission meeting, allowing the applicant to skip the Subdivision Committee and to come back to the Commission with a Planned Development. The motion was approved by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (DECEMBER 7, 2000) Gar Lile, Brett Morgan and Tommy Olive were present representing the application. There were several objectors present. Staff advised the Commission that the application had been amended to a PD -I and that a site plan had been submitted on the morning of December 7. Staff noted that the site plan was general in nature. Staff voiced support for the conceptual site plan, with details to be finalized prior to occupancy of the site by the 5 December 7, 2000 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6920 applicant. Staff commented that no cover letter had been submitted and the applicant needed to "flesh -out" the details of the application before the Commission. Gar Lile addressed the Commission and made reference to the site plan. He noted that the site had only a single driveway, to be located away from the adjacent residences. Mr. Lile made note of the proposed 8 -foot tall privacy fence along the eastern perimeter of the site, adjacent to the residential properties. Mr. Lile made the following statements regarding the application: e The proposed use of the site is Metro Towing and Recovery. Vehicles towed to the site would not remain on the property longer than 30 days. • The business would operate 24 hours per day, 7 days a week. • There are typically 2-5 runs each night. • Most of the night-time runs are as a result of Metro Towing's contract with the City. d The business utilizes 2 wreckers and 4 roll -back trucks. • None of the vehicles will utilize flashing lights unless they have a vehicle on the wheel -lift. All flashing lights will be turned off when the vehicles come onto the property. Commissioner Nunnley asked if semi trucks would be towed to this site. Brett Morgan responded that they would not. In response to a question from Commissioner Muse, Bob Brown of the Planning Staff stated that a 9 foot wide buffer would be required along the eastern perimeter of the site, in addition to the screening fence. In response to questions from the Commission, Mr. Morgan made the following statements regarding the proposed development: • There are no external speakers on the wreckers. o The vehicle storage area would be lighted by three lights placed on the eastern perimeter and aimed onto the lot, away from the adjacent residences. December 7, 2000 SUBDIVISION ITEM NO.: C (Cont. FILE NO.: Z-6920 • There will be no guard dogs or razor wire on the site. • Signage would be limited to building mounted only, no ground -mounted signs. During the subsequent discussion with Commissioner Rahman and Jim Lawson, Director of Planning and Development, Mr. Morgan stated that approximately 125 vehicles could be stored on the lot. Mr. Morgan acknowledged that the vehicle storage area could not be expanded on to the rear portion of the site without first coming back to the Commission. A couple of commissioners suggested that the issue go back through the Subdivision Committee since there were so many unresolved questions. Commissioner Downing commented that deferring the item would not eliminate the main concern; the proposed use was still a wrecker service. Commissioner Rector reminded the Commission that the Land Use Plan recommended Light Industrial for the site. Commissioner Nunnley commented that the applicant had amended the application to a Planned Development under the assumption that the Commission was open to the idea of a wrecker service, with concerns such as screening and noise being addressed. He urged the Commission not to mislead the applicant if there was no support for a wrecker service. Commissioner Berry concurred and asked the applicant if he wanted a vote on the application. Gar Lile responded that he would prefer a vote. He stated that the proposed user had gone "above the call" to try to mitigate any impact from the development. James Wawak, Leslie Wawak, Beatrice Wawak and Betty Bellinger all addressed the Commission in opposition. Each voiced concern about the specific proposed use and the proposed 24 hours per day 7 days a week operation. Each stated that they could support a warehouse or office development that closed at 5:00 - 6:00 p.m. Concerns were voiced that the proposed use would impact the value of the adjacent residential properties. Gar Lile responded that Metro Towing had not had a negative impact on property values near their present location at Kanis 7 December 7, 2000 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-6920 and Gamble Roads. He presented photographs of new residential development in the area around Metro's current location. In response to a question from Commissioner Faust. Mr. Morgan stated that all of the vehicle storage area would be screened from the residential properties. Commissioner Berry commented that he did not think the neighbors would be satisfied with half of the uses permitted in I-2. He then listed several of those uses. Commissioner Downing stated that the Commission was not obligated to approve a use if it was not compatible with adjacent uses. A motion was made to approve the PD -I application, as submitted. The motion was seconded. Commissioner Nunnley urged the applicant to consider a deferral to allow for further review and to work out the specifics of the issue. Mr. Lile asked what more they could do. Chair Adcock called for a vote on the motion. The vote was 3 ayes, 4 noes, 3 absent and 1 abstaining (Muse). The item was denied. 8