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Home My WebLink AboutS-1126 Staff AnalysisApril 3, 1997 ITEM NO.: B FILE NO.: S-1126 NAME: KANIS OFFICE ADDITION -- PRELIMINARY PLAT (S-1126) LOCATION: South side of Kanis Road west of White Road DEVELOPER: ENGINEER: Bek Kaiser etal Robert Brown #5 Innwood Circle, Ste. 105 Development Consultants, Inc. Little Rock, AR 72211 10809 Executive Center Dr. Suite 210 Little Rock, AR 72211 AREA: 9.79 ACRES NUMBER OF LOTS: 14 FT. NEW STREET: 1,140 ZONING: Existing R-2 PROPOSED USES: Vacant, residential Proposed 0-3 PLANNING DISTRICT: #18, Ellis Mountain District CENSUS TRACT: 42.07 VARIANCES REQUESTED: s Reduced right-of-way and street width for proposed internal street. Cul-de-sac to exceed 1,000 lf. maximum length STAFF RECOMMENDATION: DEFERRAL of the preliminary plat to the May 15, 1997 Planning Commission meeting. There are a number of unresolved issues and the item needs to be recirculated for agency comment. This deferral is at the request of staff and will not be changed to the applicant. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Robert Brown presented the item to the Subdivision Committee. Larry Jones stated that the Land Use Plan designations for this site are Transition Zone for approximately 600 feet south from Kanis Road and residential for the remainder. Staff asked that the existing houses on the west side of White Road be shown in more detail and labeled with addresses. The applicant was told to request a land use change to accommodate the rezoning (Z-6256) or revise the plat. If a substantial revision is made to the plat, then it must be sent back to Subdivision Committee for review. April 3, 1997 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: S-1126 PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was included in the Consent Deferral Agenda and scheduled for the April 3, 1997 Planning Commission meeting. A motion to approve the Consent Agenda was passed with 10 ayes, 0 nays, 0 absent and 1 abstention. PLANNING COMMISSION ACTION: (APRIL 3, 1997) This item was included in the Consent Withdrawal Agenda. A motion to approve the Consent Agenda was passed with 10 ayes, 0 nays and 1 absent. 2 February 20, 1997 ITEM NO.: 3A Z-6256 Applicant: Location: Request: Purpose: Size: Existing Use: Vernon and Elizabeth Clary; Cora and Loice Peek Robert M. Brown 13423 and 13501 Kanis Road Rezone from R-2 to 0-3 Future general office development; associated with S-1126 Kanis Office Addition Preliminary Plat 9.76± acres Two Single Family homes SURROUNDING LAND USE AND ZONING North - Undeveloped, heavily wooded; zoned R-2 South - Single Family homes; zoned R-2 East - Single Family homes; zoned R-2 and electrical contractor's office; zoned POD West - Single Family homes and nonconforming auto body shop; zoned R-2 PUBLIC WORKS COMMENTS Kanis Road frontage shall be improved to provide left turn capability into development with proper taper lengths. Kanis Road is a minor arterial and right-of-way dedication to 45 feet from centerline is required. Kanis Road has a 1995 average daily traffic count of 2,500. See other comments in File S-1126, Kanis Office Addition Preliminary Plat. PUBLIC TRANSPORTATION ELEMENT The site is not located on a Central Arkansas Transit Bus Route. LAND USE ELEMENT The request is located in the Ellis Mountain District. The adopted Land Use Plan recommends Transition Zone and Single Family use in the area (with a PUD recommended along Kanis). February 20, 1997 SUBDIVISION ITEM NO.: 3A Z-6256 (Cont. The request is for 10-31, general office. The request of office within the Transition Zone is reasonable; however, the area requested extends well south of the Transition Zone area. The City has not supported extending nonresidential use beyond the transition designated area along Kanis Road. There have been no changes to justify a change in the way the City has reviewed cases along Kanis Road. (Note: There is a Kanis Road Study committee currently working on Kanis Road. This committee may make recommendations to modify the land use plan. Recommendations from the committee are expected later this Spring.) STAFF ANALYSIS The request before the Commission is to rezone this 9.76± acre tract from 11R-2" Single Family to 110-3" General Office. Two single family homes are currently located on the front 200 feet of the property, closest to Kanis Road. The remainder of the 1,300+ foot deep property is undeveloped and heavily wooded. Plans are to develop the tract as a multi -lot, small office subdivision once it is rezoned. The proposed office subdivision is detailed in 5-1126, Kanis Office Addition Preliminary Plat; item no. 3-B on this agenda. The site is located in an area which is rural in nature. Surrounding uses are almost exclusively single family homes on larger lots and large tracts of undeveloped property. A small, POD zoned electrical contractor's office is adjacent to the northern end of the tract. An R-2 zoned, non- conforming auto paint and body shop is located on one of the properties to the west. The northern end of the PRD zoned Brodie Creek development is located 800-900 feet to the west of this site. With the exception of the electrical contractor and the nonconforming auto paint and body shop, all adjacent properties are occupied by single family residences. The Ellis Mountain District Land Use Plan recommends Transition Zone for properties fronting on this portion of Kanis Road. The TZ designation extends south of Kanis Road approximately 600 feet where this property is located. The Plan recommends Single Family for properties south of the TZ. The subject property is approximately 1,300 feet deep, extending south off of Kanis Road well beyond the Transition Zone area. The City has not supported extending nonresidential use beyond the Transition designated area along Kanis Road. Staff cannot support a change in this direction at this time. There is an ongoing study of the Kanis Road corridor which may result in recommended modifications to the Land 2 February 20, 1997 SUBDIVISION ITEM NO.: 3A Z-6256 (Cont. Use Plan. Results of the study are not expected until later this spring. Staff can support 0-3 zoning for that portion of the tract which falls within the Transition Zone designated area, approximately 600 feet south of Kanis Road. Office uses are appropriate with the Transition Zone. Staff questions whether it would be appropriate to extend 0-3 zoning for the full 1,300+ feet as proposed by the applicant. Such an action would establish a questionable zoning pattern and could potentially impact the existing single family residential uses. The newest development in this area has been single family residential, as evidenced by the subdivision to the southeast. STAFF RECOMMENDATION Staff recommends denial of the application, as filed. Staff recommends that only the northern 600 feet of the tract be rezoned 0-3. Extending 0-3 zoning to the southern 700+ feet of the tract is not compatible with the adopted Land Use Plan and could negatively impact the single family uses in the area. PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) The applicant was present. There were 8-10 objectors present. Staff presented the item and informed the Commission that the applicant had amended the application to conform to staffs recommendation that only the northern 600 feet of the tract be rezoned 0-3. In light of the amended application, staff offered a recommendation of approval. Robert Brown addressed the Commission in support of the application. He related the rezoning request to the Kanis Office Addition Preliminary Plat, which had earlier been deferred by the Commission. Mr. Brown stated that he had amended the application to conform to staff's recommendation. He stated that he had also begun the process to request a Land Use Plan amendment for the remainder of the property to the south. Mr. Brown stated that he had met with area residents and that those residents directly adjacent to the northern 600 feet of the tract did not object to the proposed rezoning. Paul Glasscock, of 1300 White Road, addressed the Commission in opposition to the rezoning. He stated that he was speaking on behalf of the residents of White Road, many of whom were present. Mr. Glasscock stated that he was aware of the Transition designation for properties fronting on Kanis Road but that the neighborhood residents were still opposed to the office rezoning. He pointed out that the 3 February 20, 1997 SUBDIVISION ITEM NO.: 3A Z-6256 (Cont. newest development in the area was single family. He stated that he was concerned that zoning the northern 600 feet of the subject property to office would be the "foot in the door" to extending nonresidential zoning throughout the area. Mr. Glasscock pointed out several objectionable uses within the 0-3 zoning district and noted that no specific development was proposed through this rezoning application. He also questioned whether providing sewer service to the site would require an easement through the properties on White Road. Lastly, Mr. Glasscock questioned the Transition designation on Kanis Road and stated that he would like to see the depth of the area designated Transition reduced. Abby Bryant, a resident of White Road, spoke in opposition to the rezoning. She stated that she was concerned about the loss of her property's value if the office zoning was approved. She also asked that the Transition area be reduced in depth. Commissioner Hawn commented that the intent of the Transition area was to limit development to uses which are compatible with nearby residential. In response to a question from Commissioner McCarthy, Steve Giles of the City Attorney's Office stated that Transition is a Land Use Plan designation suggesting that an area is sensitive and that development should be congruous to residential. Tony Bozynski, of the Planning Staff, noted that a study committee is currently working on the Kanis Road area. Mr. Bozynski stated that the City has traditionally supported office zoning in the Transition area along Kanis Road. There was a brief discussion of the newly adopted definition of Transition which is to become effective March 4, 1997. Commissioner Hawn commented that the spirit of Transition does not support "blanket" 0-3 zoning. He stated that many uses in the 0-3 district were not compatible with adjacent residential uses. Commissioner Rahman stated that he had a problem with the depth of the area designated Transition along this portion of Kanis Road and that he would prefer to see the depth reduced. Chairman Lichty asked Mr. Brown if there would be a problem conforming to a Planned Development. Mr. Brown stated that this application was filed prior to the recent resolution of the Transition question. He noted that there had even been talk of two Transition definitions, one for Cantrell Road and one for Kanis Road. Mr. Brown discussed the other nonresidential uses in the area. He also noted that this 4 February 20, 1997 SUBDIVISION ITEM NO.: 3A Z-6256 (Cont. rezoning was associated with a preliminary plat for a small lot office development. Jim Lawson, Director of Planning and Development, suggested that the applicant meet with the neighbors to discuss eliminating potentially objectionable uses from the rezoning request. Commissioner Daniel spoke of his concerns about the Land Use Plan pattern in the area. Chairman Lichty stated that the intent of this Planning Commission was that development in the Transition area be submitted as a Planned Development. Commissioner Putnam suggested deferring the item. Mr. Brown stated that he would meet with the neighbors to potentially adjust the list of uses or amend the application to a Planned Development. A motion was made to defer the item to the April 3, 1997 Commission meeting with the understanding that the applicant is to meet with the neighbors. The motion was approved by a vote of 8 ayes, 0 noes and 3 absent. A February 20, 1997 ITEM NO.: 3B FILE NO.: S-1126 NAME: KANIS OFFICE ADDITION -- PRELIMINARY PLAT (S-1126) LOCATION: South side of Kanis Road west of White Road DEVELOPER: ENGINEER: Bek Kaiser etal Robert Brown #5 Innwood Circle, Ste. 105 Development Consultants, Inc. Little Rock, AR 72211 10809 Executive Center Dr. Suite 210 Little Rock, AR 72211 AREA: 9.79 ACRES ZONING: Existing R-2 Proposed 0-3 PLANNING DISTRICT: CENSUS TRACT: 42.07 NUMBER OF LOTS: 14 PROPOSED USES: FT. NEW STREET: 1,140 Vacant, residential #18, Ellis Mountain District VARIANCES REQUESTED: • Reduced right-of-way and street width for proposed internal street. r Cul-de-sac to exceed 1,000 lf. maximum length STAFF RECOMMENDATION: DEFERRAL of the preliminary plat to the April 3, 1997 Planning Commission meeting. There are a number of unresolved issues and the item needs to be recirculated for agency comment. SUBDIVISION COMMITTEE COMMENT: (JANUARY 30, 1997) Robert Brown presented the item to the Subdivision Committee. Larry Jones stated that the Land Use Plan designations for this site are Transition Zone for approximately 600 feet south from Kanis Road and residential for the remainder. Staff asked that the existing houses on the west side of White Road be shown in more detail and labeled with addresses. The applicant was told to request a land use change to accommodate the rezoning (Z-6256) or revise the plat. If a substantial revision is made to the plat, then it must be sent back to Subdivision Committee for review. February 20, 1997 SUBDIVISION ITEM NO.: 3B(Cont.)FILE NO.: S-1126 PLANNING COMMISSION ACTION: (FEBRUARY 20, 1997) This item was included in the Consent Deferral Agenda and scheduled for the April 3, 1997 Planning Commission meeting. A motion to approve the Consent Agenda was passed with 10 ayes, 0 nays, 0 absent and 1 abstention. 2