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HomeMy WebLinkAboutZ-7096 Staff AnalysisFILE NO.: Z-7096 Owner: Applicant: Location: Request: Purpose: Size: Existing Use: James T. Berry White-Daters and Associates East side of Chenal Parkway, approximately 570 feet south of Cantrell Road Rezone from R-2 to C-3 Future commercial development 5 acres Vacant SURROUNDING LAND USE AND ZONING North - Undeveloped; zoned C-3 South - Undeveloped; zoned R-2 East - Undeveloped; zoned R-2 West - Undeveloped; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Show legal access to the property. With Building Permit: 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 3. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to this street including 5 -foot sidewalk with planned development. 4. Grading permit will be required on this development. 5. Stormwater detention ordinance applies to this property. FILE NO.: Z-7096 (Cont.) B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site as well as the Aberdeen Court, Bayonne Place and DuQuesne Place Neighborhood Associations were notified of the proposed rezoning. There were no residents within 300 feet of the site to notify. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this area. The applicant has applied for C-3 zoning. A Land Use Plan Amendment has been filed and is a separate item on this agenda. City Recognized Neighborhood Action Plan: The applicant's property lies in an area not covered by a city recognized neighborhood action plan. E. STAFF ANALYSIS: The request before the Commission is to rezone this undeveloped, wooded, 5 -acre tract from R-2 Single Family Residential District to C-3 General Commercial District. No immediate development has been proposed for the site. This rezoning request is associated with a Land Use Plan Amendment, LU01-19-06 (Item 3. on this agenda). The 5 acre tract, which appears to be land -locked, is located along the east side of Chenal Parkway, approximately 570 feet south of Cantrell Road. Staff is not sure how the applicant is to gain legal access to the property, as there is another R-2 zoned piece of property between this tract and Chenal Parkway. There is a large amount of undeveloped commercial zoned property in this immediate area of the intersection of Chenal Parkway and Cantrell Road. There are approximately 18.5 acres of undeveloped C-3 zoned property immediately north of this site along the south side of Cantrell Road (southeast corner of Cantrell Road and Chenal Parkway). V, FILE NO.: Z-7096 (Cont. There is also approximately 26.5 acres of undeveloped C-3 zoned property across Chenal Parkway to the west, at the southwest corner of Chenal Parkway and Cantrell Road. There is approximately 4 acres of undeveloped C-2 zoned property at the southwest corner of Chenal Parkway and Northfield Drive. Additionally, there is somewhere in the vicinity of 16 acres of undeveloped C -2/C-3 zoned property within the Northwest Territory Subdivision located on the north side of Cantrell Road at Chenal Parkway. There is a strip of undeveloped R-2 zoned property immediately west of this site, between this property and Chenal Parkway. There is a large amount of undeveloped R-2 zoned property immediately south and east of this site. The Aberdeen Court single family neighborhood is located --'to the southeast, with the DuQuesne Place single family neighborhood being located to the southwest across Chenal Parkway. Staff is not supportive of the requested C-3 zoning for this location. The Chenal District Land Use Plan recommends Single Family for this site and the larger areas to the south and east. As noted previously, there is a large amount of available, undeveloped commercial zoned (C- 2 and C-3) land at each of the corners of the intersection of Cantrell Road and Chenal Parkway, two (2) principal arterials. Staff does not believe this rezoning is appropriate given the availability of undeveloped, commercial zoned property in the area. Additionally, staff is not in favor of moving the south line of the C-3 zoned property along the south side of Cantrell Road (southeast corner of Cantrell Road and Chenal Parkway) further to the south into an area which could possible be used as a transitional area in the future. This property is located between the C-3 zoned property to the north and single family neighborhoods to the southeast and southwest. Staff feels that if this property is not developed as single family in the future, it could possibly prove to be an appropriate area of transition (multifamily or quiet office) between the commercial zoning along Cantrell Road and the single family neighborhoods to the south. F. STAFF RECOMMENDATION: Staff recommends denial of the requested C-3 zoning. 3 FILE NO.: Z-7096 (Cont. PLANNING COMMISSION ACTION: (OCTOBER 18, 2001) Tim Daters was present, representing the application. There were two (2) persons present in opposition. Staff briefly described the proposed rezoning, with a recommendation of denial. Staff also presented the proposed Land Use Plan Amendment, with a recommendation of denial. Staff noted that the applicant had requested deferral of this item to the November 29, 2001 agenda. The Chairman removed this item from the Consent Agenda for deferral, so that one (1) of the persons present in opposition could address the Commission. Mary Dornhoffer addressed the Commission in opposition to the, proposed rezoning. She stated the following points as specific reasons for the opposition: 1. The rezoning would significantly impact the traffic flow in the area. 2. There was a large amount of vacant commercial property in the area. 3. The increase in commercial zoning would be detrimental to the scenic corridor. 4. The rezoning would negatively impact the property values in the area. There was a motion to defer the application to the November 29, 2001 agenda. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. STAFF UPDATE: The applicant submitted a revised application to staff on October 29, 2001. The revised application adds 30.76 acres of property for rezoning to the original five (5) acre rezoning request. The revised application includes all of the undeveloped R-2 zoned property south of the existing C-3 zoning to Chenal Parkway, for a total of 35.76 acres. The applicant is now requesting to rezone a 10.92 acre strip along the south line of the existing C-3 zoned property from R-2 to C-3. The applicant is also requesting to rezone 10.58 acres to the south from R-2 to 0-2 (Office and Institutional District), and 14.26 acres from R-2 to OS (Open Space District). There is a 250 foot wide AP&L easement which runs along the east boundary of the overall acreage. Therefore, 1.89 acres of the requested C-3 zoning and 6 acres of the requested OS zoning are located within the utility easement. There is also a 100 foot 4 FILE NO.: Z-7096 (Cont.) wide utility easement which runs north/south through the center of this overall property. This easement will serve as additional buffer area along the east side of the proposed 0-2 zoning. Staff is supportive of the revised application. Staff was not in favor of the rezoning of five (5) acres of the property to C- 3, moving the C-3 zoning line further south adjacent to undeveloped R-2 zoned property. This was due primarily to the fact that staff had concerns about the transition from the C-3 zoned property to the single family neighborhoods to the southeast and southwest (across Chenal Parkway). Staff feels that the applicant has addressed the transition issue with the revised application, proposing 10.58 acres of 0-2 zoning and 14.26 acres of OS zoning south of the proposed C-3. The proposed 14.26 acres of OS zoning will provide a very nice buffer for the Aberdeen Court Neighborhood from the proposed 0-2 and C-3 zones. The proposed OS area will allow for the existing hilltop and forested area to be preserved. The highest point of the hill is located between 70 and 90 feet above the existing grades along the east property line of the proposed OS area. In addition, the proposed 10.58 acres of 0-2 zoning will allow adequate transition from the C-3 zoned property to Chenal Parkway, for the single family lots located to the southwest, in close proximity to the Parkway. It should be noted that the 0-2 zoning district is a site plan review district, and has greater minimum setback requirements and a larger required lot size than do the other office districts. Therefore, the Planning Commission will have control over the development of this transition area. Following are excerpts from the City of Little Rock Zoning Ordinance which address the purpose and intent of the 0-2 zoning district: "To provide appropriate locations for well-designed office facilities on large tracts, generally not available in the built-up areas of the city, and to provide for unified orderly development of major cultural, educational, medical, governmental and religious facilities." "In order to support and enhance their benefit to the community, height and area, standards are designed to assure the harmonious integration of such development with surrounding neighborhoods." "The 0-2 district may be applied to either existing developed areas to facilitate expansion of existing office and institutional uses or to undeveloped locations where such uses are also appropriate." 5 FILE NO.: Z-7096 (Cont.) "Low intensity of land usage and a park -like setting are primary characteristics of this district. Where office buildings higher than forty-five (45) feet are anticipated, greater setbacks are required in order to provide light and air to adjacent properties." Staff believes that the C-3, 0-2 and OS rezoning requests are compatible with uses and zoning in the area, and will have no adverse impact on the adjacent properties. Staff is willing to forgo the issue related to the amount of available, undeveloped commercial zoned property in this general area, based on the fact that the applicant has proposed an overall zoning plan for this entire 35.76 acre property, which includes all of the undeveloped property between the C-3 zoned property along Cantrell Road and Chenal Parkway. The applicant also revised the Land Use Plan Amendment application (Item A on this agenda) to include this property. Staff also supports the revised Land Use Plan Amendment, as the proposed rezonings conform to the proposed amendments. Revised Staff Recommendation: Staff recommends approval of the C-3, 0-2 and OS zoning requests, as filed. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2001) Tim Daters and Jack McCray were present, representing the application. There was one (1) person present in opposition. Staff explained the revised rezoning application with a recommendation of approval. This application was discussed simultaneously with Item A (LU01-19-06). Tim Daters addressed the Commission in support of the application. Tom Draper, president of the Duquesne Place Property Owner's Association, addressed the Commission in opposition. Mr. Draper expressed concern with traffic in this general area. He noted that egress and ingress was difficult to his subdivision. He noted that Deltic Timber Corporation was in the process of platting a large number of single family lots west of the Duquesne Subdivision, which would compound the traffic problem. He mentioned the traffic count along this section of Chenal Parkway. He also noted that the rezonings would generate additional traffic in this area. He stated that the proposed FILE NO.: Z-7096 (Cont. rezonings would have an adverse impact on the single family property values in this area. Commissioner Berry asked if the Duquesne Subdivision had only one (1) way in and out. Staff noted that Northfield Road/Chalamont Drive had been constructed and extended to Cantrell Road, giving the subdivision two (2) points of access. Mr. Daters also noted that there was an emergency access platted to the Duquesne Subdivision. Commissioner Rector asked when the additional improvements to this area of Chenal Parkway would be made and who would be responsible for the improvements. Bob Turner, Director of Public Works, noted that when the traffic count got to 12,000 vehicles per day, the required additional improvements to Chenal Parkway would have to be made. He noted that Deltic Timber Corporation would be responsible for the improvements. Commissioner Floyd asked about access to the new single family subdivision west of the Duquesne Subdivision. Mr. Daters noted that Chalamont Drive was a collector street which extended from Chenal Parkway to Cantrell Road, giving the subdivision two (2) points of access. This issue was briefly discussed. Commissioner Floyd asked if the property owners had a user or buyer for the property. Jack McCray, of Deltic Timber Corporation, noted that there was no planned use for the property at this time. There was a motion to approve the Land Use Plan Amendment LU01- 19-06. The motion passed by a vote of 7 ayes, 3 nays and 1 absent. The application was approved. Mr. Draper made additional comments regarding traffic in the area of the Duquesne Subdivision and access to this subdivision. There was a second motion to approve the C-3, 0-2 and OS rezonings, as filed. The motion passed by a vote of 7 ayes, 3 nays and 1 absent. The application was approved. F November 29, 2001 ITEM NO.: B Owner: Applicant: Location: Request: Purpose: Size: Existing Use: FILE NO.: Z-7096 James T. Berry White-Daters and Associates East side of Chenal Parkway, approximately 570 feet south of Cantrell Road Rezone from R-2 to C-3 Future commercial development 5 acres Vacant SURROUNDING LAND USE AND ZONING North - Undeveloped; zoned C-3 South - Undeveloped; zoned R-2 East - Undeveloped; zoned R-2 West - Undeveloped; zoned R-2 A. PUBLIC WORKS COMMENTS: 1. Show legal access to the property. With Building Permit: 2. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. 3. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to this street including 5 -foot sidewalk with planned development. 4. Grading permit will be required on this development. 5. Stormwater detention ordinance applies to this property. November 29, 2001 ITEM NO.: B (Cont.) B. PUBLIC TRANSPORTATION ELEMENT: The site is not located on a CATA Bus Route. C. PUBLIC NOTIFICATION: FILE NO.: Z-7096 All owners of property located within 200 feet of the site as well as the Aberdeen Court, Bayonne Place and DuQuesne Place Neighborhood Associations were notified of the proposed rezoning. There were no residents within 300 feet of the site to notify. D. LAND USE ELEMENT: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this area. The applicant has applied for C-3 zoning. A Land Use Plan Amendment has been filed and is a separate item on this agenda. city Recognized Neighborhood Action Plan: The applicant's property lies in an area not covered by a city recognized neighborhood action plan. E. STAFF ANALYSIS: The request before the Commission is to rezone this undeveloped, wooded, 5 -acre tract from R-2 Single Family Residential District to C-3 General Commercial District. No immediate development has been proposed for the site. This rezoning request is associated with a Land Use Plan Amendment, LU01-19-06 (Item 3. on this agenda). The 5 acre tract, which appears to be land -locked, is located along the east side of Chenal Parkway, approximately 570 feet south of Cantrell Road. Staff is not sure how the applicant is to gain legal access to the property, as there is another R-2 zoned piece of property between this tract and Chenal Parkway. There is a large amount of undeveloped commercial zoned property in this immediate area of the intersection of Chenal Parkway and Cantrell Road. There are approximately 18.5 acres of undeveloped C-3 zoned property immediately 2 November 29, 2001 ITEM NO.: B (Cont.) FILE NO.: Z-7096 north of this site along the south side of Cantrell Road- (southeast oad(southeast corner of Cantrell Road and Chenal Parkway). There is also approximately 26.5 acres of undeveloped C-3 zoned property across Chenal Parkway to the west, at the southwest corner of Chenal Parkway and Cantrell Road. There is approximately 4 acres of undeveloped C-2 zoned property at the southwest corner of Chenal Parkway and Northfield Drive. Additionally, there is somewhere in the vicinity of 16 acres of undeveloped C -2/C-3 zoned property within the Northwest Territory Subdivision located on the north side of Cantrell Road at Chenal Parkway. There is a strip of undeveloped R-2 zoned property immediately west of this site, between this property and Chenal Parkway. There is a large amount of undeveloped R-2 zoned property immediately south and east of this site. The Aberdeen Court single family neighborhood is located to the southeast, with the DuQuesne Place single family neighborhood being located to the southwest across Chenal Parkway. Staff is not supportive of the requested C-3 zoning for this location. The Chenal District Land Use Plan recommends Single Family for this site and the larger areas to the south and east. As noted previously, there is a large amount of available, undeveloped commercial zoned (C-2 and C-3) land at each of the corners of the intersection of Cantrell Road and Chenal Parkway, two (2) principal arterials. Staff does not believe this rezoning is appropriate given the availability of undeveloped, commercial zoned property in the area. Additionally, staff is not in favor of moving the south line of the C-3 zoned property along the south side of Cantrell Road (southeast corner of Cantrell Road and Chenal Parkway) further to the south into an area which could possible be used as a transitional area in the future. This property is located between the C-3 zoned property to the north and single family neighborhoods to the southeast and southwest. Staff feels that if this property is not developed as single family in the future, it could possibly prove to be an appropriate area of transition (multifamily or quiet office) between the commercial zoning along Cantrell Road and the single family neighborhoods to the south. 3 November 29, 2001 ITEM NO.: B (Cont.) F. STAFF RECOMNENDATION: FILE NO.: Z-7096 Staff recommends denial of the requested C-3 zoning. PLANNING COMMISSION ACTION: (OCTOBER 18, 2001) Tim Daters was present, representing the application. There were two (2) persons present in opposition. Staff briefly described the proposed rezoning, with a recommendation of denial. Staff also presented the proposed Land Use Plan Amendment, with a recommendation of denial. Staff noted that the applicant had, requested deferral of this item to the November 29, 2001 agenda. The Chairman removed this item from the Consent Agenda for deferral, so that one (1) of the persons present in opposition could address the Commission. Mary Dornhoffer addressed the Commission in opposition to the proposed rezoning. She stated the following points as specific reasons for the opposition: 1. The rezoning would significantly impact the traffic flow in the area. 2. There was a large amount of vacant commercial property in the area. 3. The increase in commercial zoning would be detrimental to the scenic corridor. 4. The rezoning would negatively impact the property values in the area. There was a motion to defer the application to the November 29, 2001 agenda. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. STAFF UPDATE: The applicant submitted a revised application to staff on October 29, 2001. The revised application adds 30.76 acres of property for rezoning to the original five (5) acre rezoning request. The revised application includes all of the undeveloped R-2 zoned property south of the existing C-3 zoning to Chenal Parkway, for a total of 35.76 acres. The applicant is now requesting to rezone a 10.92 acre strip along the south line of the existing C-3 zoned property from R-2 4 November 29, 2001 ITEM NO.: B (Cont. FILE NO.: Z-7096 to C-3. The applicant is also requesting to rezone 10.58 acres to the south from R-2 to 0-2 (Office and Institutional District), and 14.26 acres from R-2 to OS (Open Space District). There is a 250 foot wide AP&L easement which runs along the east boundary of the overall acreage. Therefore, 1.89 acres of the requested C-3 zoning and 6 acres of the requested OS zoning are located within the utility easement. There is also a 100 foot wide utility easement which runs north/south through the center of this overall property. This easement will serve as additional buffer area along the east side of the proposed 0-2 zoning. Staff is supportive of the revised application. Staff was not in favor of the rezoning of five (5) acres of the property to C-3, moving the C-3 zoning line further south adjacent to undeveloped R-2 zoned property. This was due primarily to the fact that staff had concerns about the transition from the C-3 zoned property to the single family neighborhoods to the southeast and southwest (across Chenal Parkway). Staff feels that the applicant has addressed the transition issue with the revised application, proposing 10.58 acres of 0-2 zoning and 14.26 acres of OS zoning south of the proposed C-3. The proposed 14.26 acres of OS zoning will provide a very nice buffer for the Aberdeen Court Neighborhood from the proposed 0-2 and C-3 zones. The proposed OS area will allow for the existing hilltop and forested area to be preserved. The highest point of the hill is located between 70 and 90 feet above the existing grades along the east property line of the proposed OS area. In addition, the proposed 10.58 acres of 0-2 zoning will allow adequate transition from the C-3 zoned property to Chenal Parkway, for the single family lots located to the southwest, in close proximity to the Parkway. It should be noted that the 0-2 zoning district is a site plan review district, and has greater minimum setback requirements and a larger required lot size than do the other office districts. Therefore, the Planning Commission will have control over the development of this transition area. Following are excerpts from the City of Little Rock Zoning Ordinance which address the purpose and intent of the 0-2 zoning district: "To provide appropriate locations for well-designed office facilities on large tracts, generally not available in the built-up areas of the city, and to provide for unified orderly development of major cultural, educational, medical, governmental and religious facilities." 5 November 29, 2001 ITEM NO.: B (Cont.) FILE NO.: Z-7096 "In order to support and enhance their benefit to the community, height and area, standards are designed to assure the harmonious integration of such development with surrounding neighborhoods." "The 0-2 district may be applied to either existing developed areas to facilitate expansion of existing office and institutional uses or to undeveloped locations where such uses are also appropriate." "Low intensity of land usage and a park -like setting are primary characteristics of this district. Where office buildings higher than forty-five (45) feet are anticipated, greater setbacks are required in order to provide light and air to adjacent properties." Staff believes that the C-3, 0-2 and OS rezoning requests are compatible with uses and zoning in the area, and will have no adverse impact on the adjacent properties. Staff is willing to forgo the issue related to the amount of available, undeveloped commercial zoned property in this general area, based on the fact that the applicant has proposed an overall zoning plan for this entire 35.76 acre property, which includes all of the undeveloped property between the C-3 zoned property along Cantrell Road and Chenal Parkway. The applicant also revised the Land Use Plan Amendment application (Item A on this agenda) to include this property. Staff also supports the revised Land Use Plan Amendment, as the proposed rezonings conform to the proposed amendments. Revised Staff Recommendation: Staff recommends approval of the C-3, 0-2 and OS zoning requests, as filed. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2001) Tim Daters and Jack McCray were present, representing the application. There was one (1) person present in opposition. Staff explained the revised rezoning application with a recommendation of approval. This application was discussed simultaneously with Item A (LU01-19-06). 6 November 29, 2001 ITEM NO.: B (Cont. FILE NO.: Z-7096 Tim Daters addressed the Commission in support of the application. Tom Draper, president of the Duquesne Place Property Owner's Association, addressed the Commission in opposition. Mr. Draper expressed concern with traffic in this general area. He noted that egress and ingress was difficult to his subdivision. He noted that Deltic Timber Corporation was in the process of platting a large number of single family lots west of the Duquesne Subdivision, which would compound the traffic problem. He mentioned the traffic count along this section of Chenal Parkway. He also noted that the rezonings would generate additional traffic in this area. He stated that the proposed rezonings would have an adverse impact on the single family property values in this area. Commissioner Berry asked if the Duquesne Subdivision had only one (1) way in and out. Staff noted that Northfield Road/Chalamont Drive had been constructed and extended to Cantrell Road, giving the subdivision two (2) points of access. Mr. Daters also noted that there was an emergency access platted to the Duquesne Subdivision. Commissioner Rector asked when the additional improvements to this area of Chenal Parkway would be made and who would be responsible for the improvements. Bob Turner, Director of Public Works, noted that when the traffic count got to 12,000 vehicles per day, the required additional improvements to Chenal Parkway would have to be made. He noted that Deltic Timber Corporation would be responsible for the improvements. Commissioner Floyd asked about access to the new single family subdivision west of the Duquesne Subdivision. Mr. Daters noted that Chalamont Drive was a collector street which extended from Chenal Parkway to Cantrell Road, giving the subdivision two (2) points of access. This issue was briefly discussed. Commissioner Floyd asked if the property owners had a user or buyer for the property. Jack McCray, of Deltic Timber Corporation, noted that there was no planned use for the property at this time. There was a motion to approve the Land Use Plan Amendment LU01- 19-06. The motion passed by a vote of 7 ayes, 3 nays and 1 absent. The application was approved. hl November 29, 2001 ITEM NO.: B (Cont. FILE NO.: Z-7096 Mr. Draper made additional comments regarding traffic in the area of the Duquesne Subdivision and access to this subdivision. There was a second motion to approve the C-3, 0-2 and OS rezonings, as filed. The motion passed by a vote of 7 ayes, 3 nays and 1 absent. The application was approved. 8