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HomeMy WebLinkAboutZ-8412 Staff AnalysisJanuary 8, 2009 ITEM NO.: B.1 FILE NO.: Z-8412 Owner: 3M Company Applicant: R. Wingfield Martin Location: East side of Arch Street Pike, 2,000 feet south of Interstate 30 Area: 50.99 Acres Request: Rezone from R-2 to M and OS Purpose: Extension of existing stone quarry and open space Existing Use: Undeveloped SURROUNDING LAND USE AND ZONI North — Undeveloped property; zoned R-2 South — Undeveloped property; zoned M East — Undeveloped property; zoned M and R-2 West — Undeveloped property; zoned M, R-2 and OS A. PUBLIC WORKS COMMENTS: 1. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25- foot wide access easement is required adjacent to the floodway boundary. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route #15 (65th Street Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the SWLR United for Progress Neighborhood Association were notified of the public hearing. There were no residents within 300 feet to notify. January 8, 2009 ITEM NO: B.1 (Cont. D. LAND USE ELEMENT: FILE NO.: Z-8412 This request is located in the Arch Street Planning District. The Land Use Plan shows Mining for this property. The applicant has applied for a rezoning from R-2 Single Family to M Mining District and OS Open Space for future development. A Land Use Plan Amendment from Mining to Park Open Space is a separate item on this agenda. Master Street Plan: Arch Street Pike is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Arch Street Pike since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan. There is a proposed Class I bike route near this application area. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way may be required. Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: 3M Company, owner of 50.99 acres of property located along the east side of Arch Street Pike, 2,000 feet south of Interstate 30, is requesting to rezone 42.50 acres of the property from "R-2" Single Family District to "M" Mining District and 8.49 acres from "R-2" Single Family District to "OS" Open Space District. The applicant is proposing the rezoning to M to allow for the extension of an existing stone quarry. The OS zoning is requested to allow for open space adjacent to Fourche Creek to aid in its preservation. The property is undeveloped and mostly wooded. All surrounding property is undeveloped. The property to the east, west and south is zoned M. The property to the north, northeast and northwest is zoned R-2. There is a stone quarry to the west and south. 2 January 8, 2009 ITEM NO: B.1 (Cont. FILE NO.: Z-8412 The City's Future Land Use Plan designates this property as Mining. The requested 42.50 acres of M zoning does not require a change to the Land Use Plan. A Land Use Plan Amendment from Mining to Park Open Space is a separate item on this agenda for the 8.49 acres of proposed OS zoning. A right-of-way and plat abandonment application for a small area near the northwest corner of the property is also a separate item on this agenda. Staff is supportive of the requested M and OS rezoning. Staff views the request as reasonable. The property immediately east, west and south of the proposed M zoning is currently zoned M, with stone quarry operations to the south and west. The proposed OS zoning should aid in the preservation of the Fourche Creek corridor located north of the proposed M zoning. There is existing OS zoned property to the west. The proposed M and OS zoning represent a continuation of the zoning pattern in this area. Staff believes the rezoning is appropriate and will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested M and OS rezoning. PLANNING COMMISSION ACTION: (NOVEMBER 13, 2008) Staff informed the Commission that the applicant submitted a letter to staff on November 7, 2008 requesting the application be deferred to the January 8, 2009 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 8, 2009 agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. PLANNING COMMISSION ACTION: (JANUARY 8, 2009) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. Staff explained that the applicant mailed the second notice late. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the second notice as completed by the applicant. 3 January8, 2009 ITEM NO: B.1 (Cont, FILE NO.: Z-8412 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. 12 FILE NO.: Z-8412 Owner: 3M Company Applicant: R. Wingfield Martin Location: East side of Arch Street Pike, 2,000 feet south of Interstate 30 Area: 50.99 Acres Request: Rezone from R-2 to M and OS Purpose: Extension of existing stone quarry and open space Existing Use. Undeveloped SURROUNDING LAND USE AND ZONING North — Undeveloped property; zoned R-2 South — Undeveloped property; zoned M East — Undeveloped property; zoned M and R-2 West — Undeveloped property; zoned M, R-2 and OS A. PUBLIC WORKS COMMENTS: 1. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25- foot wide access easement is required adjacent to the floodway boundary. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route #15 (65th Street Route). C. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the site and the SWLR United for Progress Neighborhood Association were notified of the public hearing. There were no residents within 300 feet to notify. FILE NO.: Z-8412 (Cont. D. LAND USE ELEMENT: This request is located in the Arch Street Planning District. The Land Use Plan shows Mining for this property. The applicant has applied for a rezoning from R-2 Single Family to M Mining District and OS Open Space for future development. A Land Use Plan Amendment from Mining to Park Open Space is a separate item on this agenda. Master Street Plan: Arch Street Pike is shown as a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Arch Street Pike since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a proposed Class I bike route near this application area. A Class I bikeway is built separate from or alongside a road. Additional paving and right-of-way may be required. Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. E. STAFF ANALYSIS: 3M Company, owner of 50.99 acres of property located along the east side of Arch Street Pike, 2,000 feet south of Interstate 30, is requesting to rezone 42.50 acres of the property from "R-2" Single Family District to "M" Mining District and 8.49 acres from "R-2" Single Family District to "OS" Open Space District. The applicant is proposing the rezoning to M to allow for the extension of an existing stone quarry. The OS zoning is requested to allow for open space adjacent to Fourche Creek to aid in its preservation. The property is undeveloped and mostly wooded. All surrounding property is undeveloped. The property to the east, west and south is zoned M. The property to the north, northeast and northwest is zoned R-2. There is a stone quarry to the west and south. 2 FILE NC.: Z-8412 (Cont. The City's Future Land Use Plan designates this property as Mining. The requested 42.50 acres of M zoning does not require a change to the Land Use Plan. A Land Use Plan Amendment from Mining to Park Open Space is a separate item on this agenda for the 8.49 acres of proposed OS zoning. A right-of-way and plat abandonment application for a small area near the northwest corner of the property is also a separate item on this agenda. Staff is supportive of the requested M and OS rezoning. Staff views the request as reasonable. The property immediately east, west and south of the proposed M zoning is currently zoned M, with stone quarry operations to the south and west. The proposed OS zoning should aid in the preservation of the Fourche Creek corridor located north of the proposed M zoning. There is existing OS zoned property to the west. The proposed M and OS zoning represent a continuation of the zoning pattern in this area. Staff believes the rezoning is appropriate and will have no adverse impact on the adjacent properties or general area. F. STAFF RECOMMENDATION: Staff recommends approval of the requested M and OS rezoning. PLANNING COMMISSION ACTION- (NOVEMBER 13, 2008) Staff informed the Commission that the applicant submitted a letter to staff on November 7, 2008 requesting the application be deferred to the January 8, 2009 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 8, 2009 agenda. A motion to that effect was made. The motion passed by a vote of 7 ayes, 0 nays, 2 absent and 2 open positions. PLANNING COMMISSION ACTION. (JANUARY 8, 2009) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. Staff explained that the applicant mailed the second notice late. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the second notice as completed by the applicant. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. 3 ORDINANCE NO. AN ORDINANCE RECLASSIFYING PROPERTY LOCATED IN THE CITY OF LITTLE ROCK, ARKANSAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the zone classification of the following property be and is hereby changed as indicated: Z-8412 — DESCRIBED AS ALL THAT PART OF THE SW1/4 NE1/4 LYING SOUTH OF THE NORTH RIGHT OF WAY LINE OF THE OLD MISSOURI PACIFIC RAILROAD LINE AND PART OF THE W1/2 OF THE SE1/4, ALL IN SECTION 22, TOWNSHIP 1 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SW1/4 NEIA, SECTION 22, T-1-N, R-12-W; THENCE S 00°57'36" W 1612.71 FEET ALONG THE EAST LINE OF SAID W1/2 SETA TO A POINT; THENCE DEPARTING FROM SAID EAST LINE S 88050'45" W 13 05.8 8 FEET TO A POINT; THENCE N 01°02'55" E 264.69 FEET TO A POINT; THENCE S 8805705" E 325.33 FEET TO A POINT; THENCE N 00058'35" E 1186.21 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID OLD MISSOURI PACIFIC RAILROAD LINE; THENCE ALONG SAID NORTH LINE THE FOLLOWING (4) COURSES AND DISTANCES: N 59°57'52" E 183.46 FEET TO THE POINT OF CURVATURE OF A 2814.93-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF N 54031'05" E 534.38 FEET; ALONG THE ARC OF SAID CURVE 535.18 FEET TO THE POINT OF TANGENCY; N 49°04'13" E 257.30 FEET TO THE POINT OF CURVATURE OF A 1592.62-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF N 53016'54" E 253.50 FEET; ALONG THE ARC OF SAID CURVE 253.77 FEET TO A POINT ON THE EAST LINE OF SAID SW1/4 NE1/4; THENCE S 00054'48" W 580.75 FEET TO THE POINT OF BEGINNING, CONTAINING 42.50 ACRES, MORE OR LESS: FROM "R-2" SINGLE FAMILY DISTRICT TO "M" MINING DISTRICT. AND PART OF THE S W 1 /4 NE 1 /4 AND PART OF THE W 1 /2 OF THE SE1/4 LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF THE OLD MISSOURI PACIFIC RAILROAD LINE, SOUTH OF THE CENTERLINE OF FOURCHE CREEK AND EAST OF THE WEST RIGHT OF WAY LINE OF ARCH STREET PIKE AS IT WAS LOCATED PRIOR TO 1983, ALL IN SECTION 22, TOWNSHIP 1 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SW1/4 NE1/4, SECTION 22, T-1-N, R-12-W; THENCE N 00°54'48" E 580.75 FEET ALONG THE EAST LINE OF SAID SW1/4 NE1/4 TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE SAID OLD MISSOURI PACIFIC RAILROAD LINE, SAID POINT BEING ON THE ARC OF A 1592.62-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF S 53016'54" W 253.50 FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG THE SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 253.77 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE THE NEXT THREE (3) COURSES AND DISTANCES: S 49004'13" W 257.30 FEET TO THE POINT OF CURVATURE OF A 2814.93-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF S 54°31'05" W 534.38 FEET; ALONG THE ARC OF SAID CURVE A DISTANCE OF 535.18 FEET TO THE POINT OF TANGENCY; S 59°57'52" W 183.46 FEET TO A POINT; THENCE DEPARTING FROM SAID NORTH RIGHT OF WAY LINE N 00058'35" E 161.21 FEET TO A POINT ON THE NORTH LINE OF SAID NW1/4 SE1/4; THENCE S 85050'45" E 53.55 FEET ALONG SAID NORTH LINE TO A POINT, SAID POINT BEING ON THE ARC OF A 216.10-FOOT RADIUS CURVE TO THE LEFT AND HAVING A CHORD BEARING AND DISTANCE OF N 05058'35" E 157.02 FEET; THENCE DEPARTING FROM SAID NORTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 160.69 FEET TO THE POINT OF TANGENCY; THENCE N 15019'59" W 109.67 FEET TO A POINT ON THE CENTERLINE OF FOURCHE CREEK; THENCE ALONG THE SAID CENTERLINE THE NEXT SEVEN (7) COURSES AND DISTANCES: N 74039'47" E 30.00 FEET; N 65004'49" E 285.20 FEET; N 42034'50" E 188.61 FEET; N 4735'27" E 150.63 FEET; N 49052'31" E 191.45 FEET; N 54012'51" E 126.65 FEET; N 51050'59" E 227.43 FEET TO A POINT ON THE EAST LINE OF SAID SW1/4 NEl/4; THENCE S 00054'48" W 406.46 FEET TO THE POINT OF BEGINNING, AREA CONTAINING 8.49 ACRES, MORE OR LESS: FROM "R-2" SINGLE FAMILY F) DISTRICT TO "OS" OPEN SPACE DISTRICT (EAST SIDE OF ARCH STREET PIKE, 2,000 FEET SOUTH OF INTERSTATE 30). SECTION 2. That the map referred to in Chapter 36 of the Code of Ordinances of the City of Little Rock and designated district map be and is hereby amended to the extent and in the respects necessary to affect and designate the change provided for in Section 1 hereof. SECTION 3. That the Ordinance shall take effect and be in full force 30 days after the date of its passage and approval. SECTION 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. PASSED: ATTEST: APPROVED: City of Little Rock Clerk Mayor APPROVED AS TO FORM: City Attorney 3