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Home My WebLink AboutZ-7164-2 ApplicationCITY OF LITTLE ROCK PRSRT STD DEPARTMENT OF PLANNING AND DEVELOPMENT U.S. POSTAGE Planning 723 West Markham Street PAID j Zoning and Little Rock, Arkansas 72201-1334 Little Rock,AR.72201 Subdivision (501) 371-4790 Permit#1125 EKCITY OF LITTLE ROCK DEPARTMENT OF PLANNING AND DEVELOPMENT Planning 723 West Markham Street Zoning and Little Rock, Arkansas 72201-1334 Subdivision (501) 371-4790 PRSRT STD U.S. POSTAGE PAID Little Rock,AR.72201 Permit#1125 11 Department of Planning & - Development Mapping & Graphics 723 West Markham Street * Little Rock, Arkansas 72201 Phone: 371-4790 Fax: 371-6863 Printing & Map Fees. Date: —cce /7 ZOOP Employee No. Sold TO: • �J-A �cavv�eS Master Street Plan Land Use Plan City Limits Map 1" = 1000' Map Section Maps @ $18.00 @ $5.00 Zoning Maps @ Other C� 2L�LI 3. $3.0� $3.00 Make checks payable to the: A, "City of Little Rock" 723 West Markham Street Little Rock, Arkansas 72201 CD D L tD D �i 0 2 3 7 CD toCO C 0 (d P 7 0 M. `0 M m � (0 ro m M i., <SD Z.'k 580 C, CD w m 3 CL s•- - - _;� . m cl m 0 O T` Urocn 7 m r� r. .+ 101.140 n � C} C K fG 'rP Oro tv, G O `C� OQ 04 O.M" 1 ❑r E am °C-r.:�0❑ n"ro nry�y; }' t p � fl G a y❑ ❑ O 57. `G ❑ r Q °, � n � •c '� �° � �: �: �. � � �O n y• ,7 ',y � �, r, � � W ry `;C�..•� H. ova• C to 'cc)a ❑n'❑ ❑❑ Off❑p,�q• C]P?'+ro❑ Ems' O 'b 'T • f`s R• V+ " O �Q OC rt ❑ p r- y rL G O N n +7 1 y "• a tor ON Ia. w M.(M y Pd rn� n ro? a, � GQ CL y rOo mr n, nr+coyny fro rv❑n �y � rt p v `� i d c m y ag7n s o t� -21 p 9 t � d Q io ►-..i r Idikkk i rt R �+ [�E � �s [x •dU. vj GI '� n p��i � m A'❑r`tf f'"r6 p �C�y ►� f�0 v '�"1„ rt tea 0 �yQ-•. frt9 ❑ " H.7 '� 4 P N [Co ❑ %u C'4,7 �'r- �fyG {gyp p % rp w tz . 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AT OKNEY5 December 19, 2002 c/o Bruce Moore hiterim City Manager and Custodian of Records Little Rock City Hall, Room #203 500 West Markham Little Rock, AR 72201 ROGER H. FiTzoraro-4, JIL MI ONiCA L. N A.sm T. DAagL Gornnwty HATn-mw B. R,,j& i DrLAN H. Phi n,$ CttAD M. Avercr SWI?H. STRODE JOHN B. TY-uaaulAN, FA., Jow A. FOGLEILAK, OF Cot.Nsm Re: Freedom of Information Act Request: Ordinaaces 18-776,18-777, 18-778, 18-779 and Resolution 11-048; Crystal Valley, Burlingame 'Valley, West Fourche, Barrett, and Buzzard Mountain Extraterritorial Planning and Zoning Districts (hereinafter the "Districts") Dear Mr. Moore: Pursuant to section 25-19-105 of the Arkansas Freedom of Information Act, codified at Arkansas Code Annotated sections 25-19-101 to -109 (Lexis RepL 2002), we do hereby request access to and copies of the following public records: Every ordinance and/or resolution adopted or considered by any entity or organization associated in any way with the City of Little Rock, including but not limited to all ordinances and/or resolutions adopted or considered by the Little Rock City Board and the Little Rock Planning Commission, • LiYydatn ar w� Qt7Z LbLCLj, Al minuteAs ardor notes rlating -- _..•. _ thereto of any entity or organization associated in any way with the City of Little Rock, .including but not limited to all minutes of the Little Rock City Board and the Little Rock Planning Commission, that relate in any way to the Districts; • All reports and/or notes relating thereto of any entity or organisation associated in any way with the City of Little Rock, including but not limited to all reports of the Little Rock City Board and the Little Rock Planning Commission, that relate in any way to the Districts; • All data and/or notes relating thereto of any entity or organization associated in any way. with the City of Little Rock, including but trot limited to data of the Little Rock City Board and the Little Rock PlanninL Commission, that relate in anyway to the Districts; 425 West Capital Avenue, Suite 3801, Little hock, Arkansas 72201 Telephone (501.) 376-3800 Facsimile (501) 372-3 59 www gill-law.com 12/23:02 15:31 FAX 501 371 44PS LR CITY MANAGER'S OFFICE F0003/003 c/o Brace Moore Jnterim City Marager and Custodian of Records December 19, 2002 • Any and all other records in any form of any entity or organization associated in any way with the City of Little Rock, including but not limited to all records of the Little Rock City Board and the Little Rock Planning Commission, that relate in any way to the Districts. Please contact me at the number below once you determine when the records will be available. Thank you for your assistance in this matter. Sincerely, �R;cllsst'L. Lawxe 1:'ALL Tmedpm of Inforll Lion lieyuese WrW Little Rock Plwniq nlsldcC .doc FROM : PLANNING FAX NO.: : 3400274 Mar. 20 2003 10:02AM P1 PLANNING AND DEVELOPMENT 601 W MARKHAM SurrE A LITTLE ROCK, AR 72201 Phone:(601) 343.8260 Fax, {5011340.8274 Pulaski County .�..- .,...-.,. ni a K11691wt1'- Fromm 1 011 OREFIPR, Assistant Director Fax: 399-34.35 [late: March 20, 2003 Attn: Brian Minyard Bee A-1 Paint & Body Snop CC. Ronnie Parsons, 0WnerjDeyeloper Lawson Rd. & R.:Wings Cove Extra-Tern'iarial Development ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle +CominerAs: Brian, This commercial development has received Final Plat approval We- the Pulaski County Planning Foard. As soon as the Final Fees are collected, the Final Plat will be r9corded, 14 you require turthw information, please do net hesitate to emit me at 34"267. THANK YOU, LOU OFFICE OF THE CITE' ATTORNEY ]Little Rock, Arkansas MEMORANDUM TO: Brian Minyard Planning and Development FROM: Amy Beckman Fields Assistant City Attorne Re: Concerned Citizens for Property Rights v. City of Little Rock Pulaski County Circuit No. CV02-12401 DATE: March 29, 2005 Brian: I have enclosed for your records the order of dismissal in the above -referenced matter. Because the dismissal is without prejudice, the plaintiffs may re -file their lawsuit within one year of the date of dismissal. I think it is fairly unlikely they will do so based upon the lack of interest they showed in pursuing this action. It has been a pleasure working with you. If you have any questions, please do not hesitate to contact me. ABF/ab Enclosure 6. /21/05 15:33 FAX 501 372 3359 GILL ELROD RAGON GG [a 002 IN THE CIRCUIT COURT OF PULASKI COUN'FkARKA4 5" DIVISION 0110 1- CONCERNED CITIZENS FOR PROPERTY RIGHTS N&INTIFF VS. NO. CV 02-12401 CITY OF LITTLE ROCK DEFENDANT ORDER The motion of Plaintiff to dismiss this action without prejudice pursuant to Rule 41 (a), Ark. R. Civ. P. be and hereby is granted. IT IS SO ORDERED this Lqt_ day of March, 2005. Hon. Willard Proctor, Jr. Circuit Judge L.\RLL\CCPA\Otdec-dismi.,sal-doc 1 OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS BOARD OF DIRECTORS COMMUNICATION October 1, 2002 AGENDA ect Base Zoning in the Expanded Extraterritorial Jurisdiction Area Action Required Ordinance Resolution Approval Information Report Cy Carney City Manager SYNOPSIS This proposal is to establish Zoning in the area between the Planning Boundary described by the City of Little Rock's Board of Directors' Ordinance # 18,488 and the previous Planning Boundary described in Ordinance # 15,443. FISCAL IMPACT N/A RECOMMENDATION Planning Staff recommends approval. Planning Commission recommended approval on August 22, 2002 (10-0-1 in favor). CITIZEN Notices were sent to: property owners in the area for meetings PARTICIPATION on January 5 and 7, 2002. Those present at the meetings; those who contacted staff, all zoning applicants and those addresses which could be identified within 300 feet of all non-agricultural and forestry zoning applications were contacted for a public hearing. Public hearings were held by the Planning Commission on April 25, 2002 and August 22, 2002. BACKGROUND This ordinance zones the newly added extraterritorial area to R-2 Single Family or AF Agricultural and Forestry. R-2 is the default zoning for all areas brought into the city or into its extraterritorial area. Numerous property owners in the area requested AF zoning for various uses that were permitted in that use classification. Staff has added one zoning request since the Planning Commission review of April 25, 2002 that is included in this ordinance. Sandra Furrer has requested AF for property (Z- 7195-H) purchased since her original request AF (Z-7195-C). BACKGROUND It has not been reviewed by the Planning Commission. Since CONTINUED Staff and Planning Commission have reviewed (considered) AF requests the same as R-2 in this area, Staff supports this request for AF. FILE NO.: Z-7164 Name: Zoning Plan - Crystal Valley, Burlingame Valley, West Fourche, Barrett and Buzzard Mountain Planning District Location: Parts of West Pulaski County, south of Lake Maumelle and east of Ferndale south to Fourche Creek area Request: To Establish Zoning Regulations Source: City Staff On April 17, 2001 the Board of Directors of the City of Little Rock approved a resolution expressing 'an intent' to zone the areas included in this item. Little Rock has used this process in the past: 1) to announce the intent to zone, 2) begin work of reviewing the area for the Land Use Plan, 3) development of a Land Use Plan for the area, 4) the holding of meetings in the area to allow residents and property owners the chance to suggest changes to the Land Use Plan, 5) to tell residents and property owners what the city needs in order to zone property other than single family, 6) to review the plan for changes requested, 7) to take requests for non -single family zoning, 8) to develop a package of land use and zoning items for the Planning Commission to review, 9) hold a public hearing before the Planning Commission to hear the items, and finally 10) to hold a public hearing before the Board of Directors to hear the items. We are now at step nine in this process after a year of work and meetings. Three times in 1990, 1991 and 1999 this process has been used to initiate zoning in areas beyond the city limits. The City implements zoning in areas within the Planning Area of the City in an attempt to assure that any development which does occur prior to annexation is orderly and minimizes future costs to the taxpayers of the City. For the owners in the area, zoning allows them more security in knowing what may happen next door and a chance to voice their concerns about the impacts of any future development. It is important to note that the actions of the City do not require that an existing establishment cease to operate, even if the neighbors might wish it to stop. All existing uses that may not be zoned `appropriately' for the current use are `grand -fathered in' (become legally non- conforming uses). Many existing businesses have requested a non-residential classification and are listed later in this item for consideration of commercial or some other classification. The process used for this item was outlined in the first paragraph. Last spring after the Board of Directors approved an `intent' to zone resolution, planning staff began pulling information on the area together. Existing conditions were documented, as were physical constraints to future development. A Land Use Plan was developed and contacts were made with county officials and leaders in the community to get initial reactions and suggestions. Property owners were identified and invited to meetings in the area. Information was provided on what was needed if a non-residential zone classification was desired and comments were received on the Land Use Plan. The items listed below were generated as a result of these meetings. FILE NO.: Z-7164 PROPOSAL / REQUEST: ITEM 3.0 - It is the practice of the City of Little Rock to zone all lands being annexed or included into the extraterritorial areas initially to R-2 Single Family. In this application, all lands will be zoned R-2 or, if the property owner had requested, to AF Agricultural & Forestry. Below is a list of those areas. Where individual property owners requested Agricultural & Forestry zoning, a specific street address is listed where possible; for R-2 zoning, entire sections of land are listed by the township range and section. As has been the practice of the City, Agricultural & Forestry requests are treated as single- family requests when reviewing the Land Use Plan. Z-7167 Part of T2N R14W Sec 32 to be zoned R-2, Single Family. Z-7168 Part of T2N R14W Sec 4 to be zoned R-2 except: Z-7168-A 10424 Barrett Road in T2N R14W Sec 4 to be zoned AF, Agricultural and Forestry. Z-7169 Part of T2N R14W Sec 5 to be zoned R-2 except: Z-7169-A 8611 Barrett Road in T2N R14W Sec 5 to be zoned AF. Z-7170 Part of T2N R14W Sec 6 to be zoned R-2 except: Z-7170-B 24201 Pleasant Grove Road in T2N R14W Sec 6 to be zoned AF. Z-7170-C 9524 Twin Mountain Lane in T2N R14W Sec 6 to be zoned AF. Z-7170-D 9525 Twin Mountain Lane in T2N R14W Sec 6 to be zoned AF. Z-7170-E 8000 Hood Road in T2N R14W Sec 6 to be zoned AF Z-7170-F 8324 Hood Road in T2N R14W Sec 6 to be zoned AF. Z-7170-G 24708 Pleasant Grove Road in T2N R14W Sec 6 to be zoned AF. Z-7171 Part of T2N R15W Sec 1 to be zoned R-2. Z-7172 Part of T2N R14W Sec 8 to be zoned R-2. Z-7173 All of T2N R14W Sec 7 to be zoned R-2. Z-7174 Part of T2N R15W Sec 12 to be zoned R-2 except: Z-7174-A 8414 Matthews Road in T2N R15W Sec 12 to be zoned AF. Z-7175 Part of T2N R15W Sec 11 to be zoned R-2 except: Z-7176 Part of T2N R14W Sec 17 to be zoned R-2. Z-7177 Part of T2N R14W Sec 18 to be zoned R-2 except: Z-7177-A 5100 Studer Road in T2N R14W Sec18 to be zoned AF. Z-7177-B 6212 Studer Road in T2N R14W Sec 18 to be zoned AF. Z-7177-C 6200 Studer Road in T2N R14W Sec 18 to be zoned AF. Z-7178 Part of T2N R15W Sec 13 to be zoned R-2. Z-7179 Part of T2N R15W Sec 14 to be zoned R-2. Z-7180 Part of T2N R14W Sec 20 to be zoned R-2. Z-7181 Part of T2N R14W Sec 19 to be zoned R-2 except: Z-7181-A 4810 Ferndale Cutoff in T2N R14W Sec 19 to be zoned AF. Z-7181-B 4909 Studer Road in T2N R14W Sec 19 to be zoned AF. Z-7181-C 5220 Studer Road in T2N R14W Sec 19 to be zoned AF. Z-7181-D Located on Studer Road in the NW of the NE of Section 19 T2N R14W to be zoned AF. Z-7181-E Located on Studer Road in the NW of the NE of Section 19 T2N R14W to be zoned AF, Agriculture and Forestry. 2 FILE NO.: Z-7164 [Cont. Z-7181-F 4600 Studer Road in T2N R14W Sec 19 to be zoned AF. Z-7182 Part of T2N R15W Sec 24 to be zoned R-2, Single Family. Z-7183 Part of T2N R15W Sec 23 to be zoned R-2 except: Z-7183-A 5220 Sword Lane in T2N R15W Sec 23 to be zoned AF. Request was for additional tracts that lie outside the jurisdictional area, but only tracts that lie within jurisdictional area will be zoned. Z-7184 Part of T2N R14W Sec 28 to be zoned R-2. Z-7185 Part of T2N R14W Sec 29 to be zoned R-2 except: Z-7185-A 5021 Ferndale Cutoff Road in T2N R14W Sec 29 to be zoned AF. Z-7186 Part of T2N R14W Sec 30 to be zoned R-2 Single Family except: Z-7186-B 2125 Lambert Road in T2N R14W Sec 30 to be zoned AF. Z-7186-D 3601 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-E 3601 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-F 24508 Blazer Road in T2N R14W Sec 30 to be zoned AF. Z-7186-G 3805 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-H 3801 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7186-1 3225 Ferndale Cutoff Road in T2N R14W Sec 30 to be zoned AF. Z-7187 Part of T2N R15W Sec 25 to be zoned R-2 except: Z-7187-E 2910 Ferndale Cutoff in T2N R15W Sec 25 to be zoned AF. Z-7187-F 2910 Ferndale Cutoff in T2N R15W Sec 25 to be zoned AF. Z-7188 Part of T1 N R14W Sec 4 to be zoned R-2 except: Z-7188-A Located on Burlingame Road east of Walnut Grove Road in T1 N R14W Sec 4 to be zoned AF. This request includes land that was previously in the extraterritorial planning boundary. Staff supports the entirety of the request. Z-7188-B 1720 Walnut Grove Road in T2N R14W Sec 33 to be zoned AF. Z-7188-D 120 Walnut Grove Road in NW T2N R14W Sec 33 to be zoned AF. Z-7188-E 1120 Walnut Grove Road in the SW T2N R14W Sec 33 to be zoned AF. Z-7189 Part of T2N R14W Sec 32 to be zoned R-2 except: Z-7189-A Robert & Sandra Bradford, 19312 Burlingame Rd, T2N R14W Sec 32, originally filed for C-3 zoning, then amended the application to AF on April 4, 2002. This property is shown as Single Family on the Land Use Plan. The applicant realizes that the existing two offices on their property, a travel office and a packing company, would be non -conforming uses. Z-7189-B 23815 Kanis Road in T2N R14W Sec 32 to be zoned AF. Z-7189-C 1815 Thompson Lane in T2N R14W Sec 32 to be zoned AF. Z-7189-D 24311 Kanis Road in T2N R14W Sec 32 to be zoned AF. Z-7189-E 24303 Kanis Road in T2N R14W Sec 32 to be zoned AF. Z-7189-F 21002 Burlingame Road in T2N R14W Sec 32 to be zoned AF. Z-7189-G 19500 Burlingame Road in T2N R14W Sec 32 to be zoned AF. Z-7190 Part of T2N R14W Sec 31 to be zoned R-2 except: Z-7190-A 24123 Burlingame Road in T2N R14W Sec 31 to be zoned AF. Z-7190-B 25611 Kanis Rd in T2N R14W Sec 31 to be zoned AF. Z-7191 Part of T1 N R14W Sec 4 to be zoned R-2. Z-7192 Part of T1 N R14W Sec 5 to be zoned R-2 except: Z-7192-A 1000 Lake Roman Lane in T1 N R14W Sec 5 to be zoned AF. Z-7192-B 600 Jabo Lake Road in T1 N R14W Sec 5 to be zoned AF, Agriculture and Forestry. 3 FILE NO.: Z-7164 (Cont Z-7193 Part of T1 N R14W Sec 6 to be zoned R-2, Single Family. Z-7194 Part of T1 N R14W Sec 10 to be zoned R-2. Z-7195 Part of T1 N R14W Sec 9 to be zoned R-2 except: Z-7195-C 20701 Colonel Glenn Road in T1 N R14W Sec 9 to be zoned AF. Z-7195-D 20711 Colonel Glenn Road in T1 N R14W Sec 9 to be zoned AF. Z-7195-G 2425 Beauchamp Road in T1 N R14W Sec 9 to be zoned AF. Z-7196 Part of T1 N R14W Sec 8 to be zoned R-2. Z-7197 Part of T1 N R14W Sec 14 to be zoned R-2. Z-7198 Part of T1 N R14W Sec 15 to be zoned R-2. Z-7199 Part of T1 N R14W Sec 16 to be zoned R-2. Z-7200 Part of T1 N R14W Sec 23 to be zoned R-2 except: Z-7200-A 18103 Joanwood Lane in T1 N R14W Sec 23 to be zoned AF. Z-7200-B 18100 Joanwood Lane in T1 N R14W Sec 23 to be zoned AF. Z-7201 Part of T1 N R14W Sec 26 to be zoned R-2. ITEM 3.1 This section deals with the zoning of land owned by the City of Little Rock's Park and Recreation department designated and designed as a park on the City Master Parks Plan. The Parks Plan designs a large community park within the area. As required by the City zoning ordinance, any land owned by the City and proposed for park development in the plan is appropriate for zoning to Park and Recreation (PR). Z-7178-A Located in T2N R15W Sec 13, all of this section south and east of Garrison Road to be zoned PR, Park and Recreation. ITEM 3.2 This section concerns the Central Arkansas Water property that includes Lake Maumelle and the office/plant facilities on Highway 300. (This is a small fraction of their ownership in the area.) The zoning request for their land is OS, Open Space. This area is basically wooded and is the watershed area for Lake Maumelle. It is the goal of Central Arkansas Water to protect this water source by strictly controlling development within the watershed. To this end, the OS classification is best designed to protect the watershed, it allows very few types of development. The Water Utilities goal of keeping urban development out of the watershed is consistent with the OS zoning. They have requested a CUP, Conditional Use Permit, for their facilities (plant, residence, intake valves, etc). The Open Space classification allows for utility within the district with a Conditional Use Permit. The functions requested are existing and necessary of the function of the lake as the water source for Little Rock. Z-7165-A Part of T3N R14W Sec 34 to be zoned OS CUP, Open Space Conditional Use Permit for their facilities (plant, residence, intake valves, etc). Z-7165-B Part of T3N R14W Sec 34 to be zoned OS, Open Space. Z-7166 Part of T3N R14W Sec 33 to be zoned OS, Open Space. Z-7167-A Part of T3N R14W Sec 32 to be zoned OS, Open Space. 4 FILE NO.: Z-7164 (Cont. The following two zoning cases are for residential zonings. ITEM 3.3 Z-7176-A 8406 & 8404 Ferndale Cutoff in T2N R14W Sec 17 to be zoned MF-6, Multi Family. This is an existing single-family house and a four-plex apartment building on a one -acre tract of land. The applicant has expressed a desire in the future to convert one of the larger units in the four-plex into two units that would increase the density to six units per acre. ITEM 3.4 Z-7196-B 23200 Colonel Glenn Road, in T1 N R14W Sec 8 to be zoned PRD, Planned Residential District. Currently, there is a stick built single-family home and a manufactured home on the site with separate utilities for each and shared septic tank system (12000 gal tank). The desire of the applicant is to remove the manufactured home and replace it with a stick built house with a 110'+/- setback from the side yard. A new workshop / garage building in the rear would be added at the same time with a 30' setback on back and side yards. Adequate setbacks are proposed on all property lines. This would make the density of one house per 2.32 acres. The following items are for existing businesses in areas shown as non-residential on the Land Use Plan. ITEM 3.5 Z-7172-A King's One Stop located at 23724 Highway 10 in T2N R14W Sec 8 to be zoned C-3, General Commercial. This property is shown as Commercial on the Land Use Plan. Current uses listed by the applicant include a convenience store, used car lot, a building with three units currently leased to a church. Past uses listed by the applicant include an auction, barbershop/salon and restaurant. Future plans listed by the applicant might include storage units, car wash, commercial office spaces combined with small warehouses, retail shops, and fast food restaurant. Auctions, if totally enclosed with no outside activities, would be C-3. The following uses would require a Conditional Use Permit in C-3: eating establishment with drive-in, car wash, mini -warehouse, and office warehouse. Used car sales would require C-4, Open Display Commercial. Surrounding uses include a fraternal lodge, a siding company, and office uses. Staff supports the C-3 zoning request. ITEM 3.6 Z-7187-C JC's Family Dining located at 27024 Kanis Road in T2N R15W Sec 25 to be zoned C-4, Open Display Commercial. This property is shown as Commercial on the Land Use Plan. The application states that they operate a restaurant with drive through service. Surrounding uses include a church, grocery /convenience store, veterinarian, auto salvage and single-family house. Staff does not support the C- 4 zoning request but would support C-3 zoning for this location. ITEM 3.7 Z-7187-D Doubletree Veterinary Clinic located at 2626 Ferndale Cutoff in T2N R15W Sec 25 to be zoned PCD, Planned Commercial District. This property is shown as Commercial on the Land Use Plan. The applicant has requested the PCD to include his veterinary clinic and C-1, Neighborhood Commercial uses. The applicant 5 FILE NO.: Z-7164 (Cont. has submitted a site plan showing an additional proposed building to the southwest with a 2' setback. Staff feels that a minimum of 10' is needed on the setback and that buffering and landscaping is required on the side yard for vehicle use areas. Surrounding uses include a church, grocery /convenience store, restaurant, auto salvage and single-family house. Staff supports the PCD with the recommendations noted. ITEM 3.8 Z-7187-G Ferndale Grocery located at 2504 Ferndale Cutoff Road in T2N R15W Sec 25 to be zoned C-4, Open Display Commercial. This property is shown as Commercial on the Land Use Plan. The request includes tracts that lie outside the jurisdictional area, but only tracts that lie within jurisdictional area will be zoned. Uses listed by the applicant include grocery store, convenience store with gas pumps, video rental, deli sandwiches, tobacco sales, and a three bay carwash. All are permitted uses in C-3, but the car wash would require a C-4 or a CUP in C-3. Surrounding uses include a church, restaurant, veterinarian, auto salvage and single-family houses. Staff does not support the C-4 zoning request but would support C-3 zoning with a CUP for this location. ITEM 3.9 Z-7187-H Pleasant Grove Baptist Church, located at 27025 Kanis Road in T2N R15W Sec 25 to be zoned 01, Quiet Office. This property is shown as Commercial on the Land Use Plan. The request includes tracts that lie outside the jurisdictional area, but only tracts that lie within jurisdictional area will be zoned. 0-1 has churches as a permitted use. Surrounding uses include a grocery /convenience store, restaurant, veterinarian, auto salvage and single-family houses. Staff supports the 0-1 zoning request. ITEM 3.10 Z-7195-B Youth Home, Inc. located at 20400 Colonel Glenn Road in T1 N R14W Sec 9 to be zoned POD, Planned Office Development. This property is shown as Public Institutional on the Land Use Plan. Youth Home is a private non-profit residential psychiatric treatment center of adolescents. It offers residential, outpatient and day treatment services. Uses include administration building including cafeteria and gymnasium, five residential treatment houses, a school with a maximum of 92 students, maintenance facility including a 15,000 GPD wastewater treatment plant and outdoor recreational facilities. Shown on the plans submitted is a new residential housing building that may include some public spaces for training seminars etc. Surrounding uses include single-family houses and a small commercial use. Staff supports the POD zoning request. ITEM 3.11 Z-7196-A Old Trading Post Grocery located at 22921 Colonel Glenn Road in T1 N R14W Sec 8 to be zoned C-3, General Commercial. This property is shown as Neighborhood Commercial on the Land Use Plan. Current uses include convenience store; gas, diesel and kerosene sales; hot and cold sandwiches; and fireworks sales. The applicant also uses an outbuilding to store and sell feed and fertilizer. Surrounding uses are single-family houses. Staff supports the C-3 zoning request. FILE NO.: Z-7164 (C ITEM 3.12 Z-7198-A Paul's One Stop located at 19440 Lawson Road in T1 N R14W Sec 15 to be zoned C-3, General Commercial. This property is shown as Commercial on the Land Use Plan. Uses listed by the applicant include convenience store with gas pumps, dine in restaurant and gift shop. All of these uses are permitted uses in C-3. Surrounding uses include a company that rents construction trailers, and other commercial uses. Staff supports the C-3 zoning request. ITEM 3.13 Z-7200-C Kenny's Auto Sales & Parts located at 18305 Lawson Road in T1 N R14W Sec 23 to be zoned PCD, Planned Commercial Development. This property is shown as Mixed Commercial Industrial on the Land Use Plan. Current uses are a junk /salvage yard and auto sales. The requested uses are: all C-4 permitted uses; beauty and barbershop; tanning salon; and automobile salvage yard. Barber\beauty shops and tanning salons are by right in C-1, and a junk or salvage yard is permitted in 1-3. A site plan was submitted showing existing buildings and proposed buildings. One proposed building is to be built on an existing slab at the western property line. Staff feels that the minimum setback should be 15' on side property lines. The proposed front setbacks, as stated by applicant, 90' and 105' are adequate. Buffering and landscaping is required on the side yard for vehicle use areas. Surrounding uses include printing shops, single- family homes, a store fixture company, and upholstery shop. Staff does support the request with recommendations noted. ITEM 3.14 Z-7200-D Shelly's Fine Upholstery located at 18536 Lawson Road in T1 N R14W Sec 23 to be zoned C-4, Open Display Commercial. This property is shown as Commercial on the Land Use Plan. Uses specified by the applicant are furniture, boat and auto upholstery. The applicant also lives on the site. These activities are performed in a mobile home, a 12x28 metal building with a lean to that is being enclosed and tractor -trailer compartment with steps and ramps to store materials and jobs. Staff does not support the requested zoning. The following items are for vacant property or single-family houses to be zoned commercial in areas shown as Commercial on the Land Use Plan: ITEM 3.15 Z-7187-A Located at 27017 Kanis Road in T2N R15W Sec 25, an existing single-family rental house to be zoned C-1, Neighborhood Commercial. This property is shown as Commercial on the Land Use Plan. Single-family houses are permitted uses in C-1. Surrounding uses include a church, grocery/convenience store, restaurant, veterinarian, auto salvage and single-family houses. Staff does not support the requested zoning. ITEM 3.16 Z-7187-B Located at 27017 Kanis Road in T2N R15W Sec 25, a vacant lot to be zoned C-1, Neighborhood Commercial. This property is shown as Commercial on the Land Use Plan. Surrounding uses include a church, grocery /convenience store, restaurant, veterinarian, auto salvage and single-family houses. Staff does not support the requested zoning. 7 FILE NO.: Z-7164 (C ITEM 3.17 Z-7187-1 Located at 26810 Kanis Road in T2N R15W Sec 25, to be zoned C-4, Open Display Commercial. On the Land Use Plan, this property is shown as Commercial on the west half and Low Density Residential on the east half. The current use on the property is a single-family house. Surrounding uses include a convenience store, auto salvage, single-family houses, and a gas tank storage facility. Staff does not support the requested zoning. ITEM 3.18 Z-7188-C Located at the northwest corner of Kanis Road and Walnut Grove Road in T2N R14W Sec 33 to be zoned AF CUP, Agricultural and Forestry Conditional Use Permit. On the Land Use Plan, it is shown as Neighborhood Commercial. The property is currently wooded and vacant. The proposed uses are for a single-family house and a dog daycare, boarding and training business. Surrounding uses area wooded tracts of land and single-family houses. Staff does not support the requested zoning. ITEM 3.19 Z-7195-E NW Corner of Colonel Glenn Road and Beauchamp Road in T1 N R14W Sec 9, currently a wooded lot, to be zoned C-4 Open Display Commercial. This property is shown as Neighborhood Commercial on the Land Use Plan. Surrounding uses are wooded tracts and single-family houses. Staff does not support the requested zoning. ITEM 3.20 Z-7195-F SE Corner of Colonel Glenn Road and Beauchamp Road in T1 N R14W Sec 9, currently a wooded lot, to be zoned C-4 Open Display Commercial. This property is shown as Neighborhood Commercial on the Land Use Plan. Surrounding uses are wooded tracts and single-family houses. Staff does not support the requested zoning. The following items are for existing non-residential uses in areas shown as Single Family on the Land Use Plan. ITEM 3.21 Z-7170-A 24201 Pleasant Grove Road in T2N R14W Sec 6 to be zoned C1, Neighborhood Commercial. This property is shown as Single Family on the Land Use Plan. The request is to zone 1.55 acres on the southern boundary of the property for a pottery studio, which is a permitted use in C-1. Surrounding uses are wooded tracts and single-family homes. Staff does not support this request. ITEM 3.22 Z-7170-H 24708 Pleasant Grove Road in T2N R14W Sec 6 to be zoned C1, Neighborhood Commercial. This property is shown as Single Family on the Land Use Plan. The request is to zone 1.02 acres on the southern boundary of the property for a gift shop, which is a permitted use in C-1. Surrounding uses are wooded tracts and single-family homes. Staff does not support this request. ITEM 3.23 Z-7182-A 4300 Garrison Road in T2N R15W Sec 24 to be zoned C4, Open Display Commercial. This property is shown as Single Family on the Land Use Plan. The applicant states uses of office (Arkansas Vehicle Title Co.), used auto sales (Ferndale Wholesale Inc.), auto repair shop and auto salvage. These are C-4 uses with F-1 FILE NO.: Z-7164 (Cont.) the exception of the auto salvage which is an 1-3 use. Surrounding uses are wooded tracts and single-family homes. Staff does not support this request. ITEM 3.24 Z-7186-A Located at 2125 Lambert Road in T2N R14W Sec 30 to be zoned C-4, Open Display Commercial. This property is shown as Single Family on the Land Use Plan. The request is to zone one acre on the southern boundary of the property for a used auto dealership. Currently, it is operated as a wholesale business, with the offices in an adjacent barn on the property. The applicant wishes to reserve the right for retail sales of autos in the future. Surrounding uses are wooded tracts and single-family homes. Staff does not support this request. ITEM 3.25 Z-7186-J Legacy Builders located at 24907 Kent Lane in T2N R14W Sec 30 to be zoned CA Open Display Commercial. This property is shown as Single Family on the Land Use Plan. On April 5, 2002, the applicant has revised his application to PDC, Planned District Commercial and noted existing and proposed buildings and vehicular use areas (employee parking and equipment parking). Surrounding uses are wooded tracts and single-family homes. Staff supports this request. ITEM 3.26 Z-7195-A 2610 Betty Drive in T1 N R14W Sec 9 to be zoned C4, CUP. This property is shown as Single Family on the Land Use Plan. The CUP is for parking excavating equipment on the property. The applicant has stated that the equipment would not be parked on the same lot every time, and that this CUP would need to be for lots 2,3,18, and 19. Surrounding uses are wooded tracts and single-family homes. Staff supports this request. ITEM 3.27 Z-7198-B 3301 Reynard Road in T1 N R14W Sec 15 to be zoned C-4, Open Display Commercial. This property is shown as Single Family on the Land Use Plan. The applicant has a business, Oaks Racing, in which two racecars are housed in a garage on his property. Surrounding uses are wooded tracts and single-family homes. Staff does not support this request. The following items are vacant properties requesting commercial zoning in areas shown as Single Family and Park/Open Space on the Land Use Plan: ITEM 3.28 Z-7171-A 26711 Highway 10 south side of road in T2N R15W Sec 1 to be zoned C-3, General Commercial. This property is shown as Single Family and Park/Open Space on the Land Use Plan. Surrounding uses to the east are trailer sales, a sign company, vacant commercial building, and restaurant. Surrounding uses to the west are wooded tracts and single-family houses. Staff does not support this request. ITEM 3.29 Z-7171-B 26712 Highway 10, north side of road in T2N R15W Sec 12 to be zoned C-3, General Commercial. This property is shown as Single Family and Park/Open Space on the Land Use Plan. Surrounding uses to the east are trailer sales, a sign company, vacant commercial building, and restaurant. Surrounding uses to the west are wooded tracts and single-family houses. Staff does not support this request. E FILE NO.: Z-7164 Cont. ITEM 3.30 Z-7186-C The east side of the intersection of Roberts Road and Alneta Loop in T2N R14W Sec 30 to be zoned C-4, Open Display commercial. This property is shown as Single Family on the Land Use Plan. The applicant wants to "place storage buildings and possible multi -family on this property." Surrounding uses area wooded tracts and single-family houses. Staff does not support this request. ITEM 3.31 Z-7172-B 23200 Highway 10 HW in T2N R14W Sec 8 to be zoned C-3 General Commercial. This property is shown as Single Family and Low Density Residential on the Land Use Plan. This property has frontage on Highway 10 and Ferndale Cutoff, but does not include the corner. Surrounding uses are a greenhouse/landscaping company, fire station, and single-family houses. Staff does not support this request. STAFF RECOMMENDATIONS: As listed in each sub -item. PLANNING COMMISSION ACTION: (April 25, 2002) Brian Minyard, of Planning Staff, made a presentation concerning why zoning in extraterritorial areas is important and a brief description of non -conforming uses. Item 3.0, which includes all areas to be R-2 Single Family and AF Agricultural and Forestry, was read. It was explained that all lands in the extraterritorial areas were to be zoned either R-2 or AF initially. Further sub parts of this item will deal with rezoning these parcels to another zoning category. A motion was made to approve the R2 and AF initial zoning of the area. The motion was approved (8 for, 0 against, 3 absent). The next section taken up by the Commission were those items that conformed to the just adopted Land Use Plan and Staff recommended approval. These were grouped and read together. These items are as follows: ITEM 3.1 Z-7178-A City of Little Rock Parks and Recreation, PR ITEM 3.2 Z-7165-A, Z-7165-B, Z-7166, Z-7167-A Central Arkansas Water, OS, OS CUP ITEM 3.3 Z-7176-A 8406 & 8404 Ferndale Cutoff, MF-6 ITEM 3.4 Z-7196-B 23200 Colonel Glenn Road, PRD ITEM 3.5 Z-7172-A King's One Stop, 23724 Highway 10, C-3 ITEM 3.6 Z-7187-C JC's Family Dining, 27024 Kanis Road, C-3 ITEM 3.7 Z-7187-D Doubletree Veterinary Clinic, 2626 Ferndale Cutoff, PCD ITEM 3.9 Z-7187-H Pleasant Grove Baptist Church, 27025 Kanis Road, 0-1 ITEM 3.10 Z-7195-B Youth Home Inc., 20400 Colonel Glenn Road; POD ITEM 3.11 Z-7196-A Old Trading Post Grocery, 22921 Colonel Glenn Road; C-3 ITEM 3.12 Z-7198-A Paul's One Stop, 19440 Lawson Road, C-3 ITEM 3.15 Z-7187-A 27017 Kanis Road, C-1 10 FILE NO.: Z-7164 (C ITEM 3.16 Z-7187-B ITEM 3.18 Z-7188-C ITEM 3.32 Z-7181-D ITEM 3.25 Z-7186-J ITEM 3.26 Z-7195-A 27017 Kanis Road, C-1 NW Corner of Kanis and Walnut Grove Road, AF CUP Studer Road in the NW of the NE of Section 19 T2N R14W to be zoned AF CUP for riding stables. Legacy Builders, 24907 Kent Lane, PDC 2610 Betty Drive, C-4 CUP There was a motion to approve the items as read with Staff comments and recommendations and was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission next took up item 3.8 (Z-7187-G, Ferndale Grocery located at 2504 Ferndale Cutoff Road). Mr. Minyard made a brief presentation concerning Staff support of C-3 CUP instead of the C-4 as requested by applicant. It was discussed with the owner that the replacement of older style gas pumps with new style pumps would be a ainte� jai ice item. A storage area in the car wash is used for storage of feed that is sold. The applicant had left earlier in the meeting and was not available for comment. A motion was made to defer this item to the May 23, 2002 agenda. Staff made the comment that Staff was supportive of C-3 zoning in the Ferndale, but not C-4. There was discussion as to whether to zone it, or defer it. There was also a discussion of whether the City was the applicant or the owner was the applicant. Jim Lawson, Planning Director, stated that Staff had worked with her on her request, but Staff was the applicant and she had worked through us. There was no filing fees paid by the owner, etc. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The next item discussed by the Commission was item 3.13 (Z-7200-C, Kenny's Auto Sales & Parts located at 18305 Lawson Road). Mr. Minyard made a presentation that the proposed PCD included all C-4 uses, auto salvage yard, barber/beauty shop and tanning salon. Mr. Minyard continued that the item had been amended since the Staff report had been printed. The changes are 1) to remove the proposed building on the west property line. This would result in three buildings total with one proposed on the east. 2) To leave a 15' buffer undisturbed on the side and rear property lines, except on the west side from the back of the existing building to the front property line, which is a driveway and vehicular storage area for auto sales. The existing trees in the 15' buffer areas will not be cut, and any volunteer trees that sprouts will be allowed to grow. 3) No cars or other storage of any kind will be allowed in the 15' buffer. 4) The existing opaque metal fence along the east portion of the front property line will be removed with the addition of the new building to the east. Staff noted that upon inspection of the property, there is a use of racecar repair/fabrication, which is a C-4 use, which is already included in the PCD application. Mr. Kenny Loux, owner of Kenny's Auto Salvage, approached the podium and confirmed that the changes stated were correct. Mr. Loux stated plans of future expansion. Commissioner Rector asked Staff if there recommendation had changed with the changes to the application. Staff stated support of the application with the changes. Commissioner Floyd asked the size of the property. Mr. Locke answered that it was 4.6 acres. 11 FILE NO.: Z-7164 (Cont. George Heineman spoke in concern of the 15' buffer and desired more buffer width. He also discussed the mosquito problem in the area. There was a question by Commissioner Rector as to the depth of the existing buffers. Mr. Heineman asked how high the cars could be stacked. Mr. Giles, City Attorney Staff, stated that under salvage yard ordinance states that the maximum height for storage is 15'. Mr. Kenneth Simpson spoke in concern to buffers and excavation of land for the new building could create water problems on his property. A six-foot fence will not screen his property from the views of cars. Photos were handed to the commissioners. Mr. Simpson continued to discuss the views into the salvage yard. He asked what would happen with the existing cars with the additional buildings. Mr. Loux responded that there would be fewer cars if they warehouse parts in the buildings. There would be fewer cars on the lot. Mr. Simpson stated issues about tire storage in the buffer areas and the health hazard. Commissioner Floyd discussed the drainage onto other people's property. Mr. Simpson spoke about running of auto racing cars after hours. Mr. Loux amended his application to prohibit cars being run after 10:00 p.m. A motion was made to approve the application with all Staff conditions and recommendations and amendments made by the owner. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission proceeded to item 3.14 (Z-7200-D, Shelly's Fine Upholstery located at 18536 Lawson Road). Mr. Minyard presented the item. Commissioner Floyd asked what the Staff recommendation was. Mr. Minyard responded that Staff did not support C-4 zoning. Mr. Lawson added that Staff would support a PCD for the existing use of upholstery shop. The applicant stated that she was planning to move eventually and hire employees. She had started a lean-to on the metal building and wants to enclose the lean-to. Staff would support the PCD for existing uses that would include the enclosure of the lean-to on the metal building. A motion was made to approve the application as a PCD with all Staff recommendations. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission proceeded to item 3.17 (Z-7187-I, Located at 26810 Kanis Road). Brian Minyard made a presentation to the Commission. Staff does not support C-4, but would support C-3. The owner, Lech Matuszewski, stated that lot one is in the extraterritorial area, and that the zoning on lot one would affect lot two. He distributed a map to the commissioners. He stated that C-4 would reflect the businesses on the opposite side of the road. Then Matuszewski described the surrounding uses and the type of zoning each would fit within, as he understood. Mr. Lawson stated that Staff is comfortable with C-3 and that C-4 is inconsistent. Mr. Matuszewski stated that the industrial uses on two sides of his property makes it suitable for C-4. Commissioner Downing asked Staff what the gas storage tank would be. Mr. Lawson stated that anytime extraterritorial zoning is extended, there would be non -conforming uses. Staff is recommending C-3 since he does live next to those uses. Commissioner Floyd and Mr. Matuszewski enter into a conversation on the differences of C-4 and C-3. Commissioner Rahman stated his preference for C-3. A motion was 12 FILE NO.: Z-7164 (Cont. made to approve the zoning as C-3 as Staff recommended. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission proceeded to ITEM 3.19 and item 3.20 (Z-7195-E, East side of Beauchamp Road and Z-7195-F, West side of Beauchamp Road respectively). Since the properties are owned by the same person and are adjacent, they were read and discussed at the same time. Brian Minyard made a presentation to the commission. He continued that the graphics were incorrect. The property should be the same size, but directly south of the area shown. Beauchamp Road bisects the property on the western edge. He also continued that the Future Land Use Plan shows Neighborhood Commercial and Staff would support C-1 for this property. Mr. Greg Brewer, owner of the property stated that he would like to have C-4 for a farm store to sell small tractors, etc. which is a future plan. He continued about the need for this type of business in the area. Commissioner Rector suggested if there were concrete plans for a farm supply store in a planned development, there might be support for this zoning. A motion was made to approve Z-7195-E as C-1 as Staff recommended. The motion was approved with a vote of 7 ayes, 1 no and 3 absent. A motion was made to approve Z-7195-F as C-1 as Staff recommended. The motion was approved with a vote of 7 ayes, 1 no and 3 absent. The next item considered by the Commission was item 3.21 (Z-7170-A, 24201 Pleasant Grove Road). Staff made a presentation. Laura Phillips, owner, stated that the business was low impact with no signage. Tom Frothingham stated that they were willing to exclude any other commercial use. They desire studio use and limited commercial sales. Mr. Lawson stated that there were reservations about C-1 zoning versus PCD. The owner explained limited retail sales was an invitation only event for sale of pottery. They also stated that they might want to expand their building in the future. Commissioner Floyd asked about the location. Commissioner Rahman discussed the expansion with the applicant. The owner stated the current studio is 900 square feet and they may want to expand 40%. A motion was made to defer to the May 23, 2002 agenda and was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission next considered item 3.22 (Z-7170-H, 24708 Pleasant Grove Road). A presentation was made by Brian Minyard, of Staff. The owner, Nancy Gunn Porter, had stated on the phone that she would be amenable to amending her application to PCD. Mr. Porter stated that they had been operating "Twigs' the gift shop for 5 or so years. The owner was concerned about expansion in the future and not wanting to reappear in front of the Planning Commission again. Mr. Lawson suggested that they draw up plans as to their expansion, and come back to the commission. The owner expressed his desire to defer to the May 23, 2002 agenda. A motion was made to defer and was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission proceeded to item 3.23 (Z-7182-A, 4300 Garrison Road). Brian Minyard of Staff made a presentation. The owner, BJ Barnett stated that he had requested C-4. He has operated a used car lot on the property since 1972. He stated that he did not want to be non -conforming. He currently has about 35 antique cars that are rebuilt or being rebuilt for sale. Mrs. Barnett stated that they were in their senior 13 FILE NO.: Z-7164 (Cont. years and did not have a lot more years to operate. She continued that the area will build up as retirees die off and sell their property. She wants to continue the business and care for their 50 year -old son that requires their care. Commissioner Downing asked how many cars were on the site. Mr. Barnett stated that it varies, with a max of 35. Commissioner Downing stated that they were not trying to put him out of business, but they would also consider what Mrs. Barnett had stated earlier of the potential use of the property after they do not own it. Mr. Barnett commented that with an arterial road, the chances are that all the property will become commercial along the road. Commissioner Downing wanted to know what Mr. Barnett wanted the Commission to consider; the use presently, or the use in ten years. Mr. Barnett stated that he was requesting for now and in the future. Commissioner Downing stated the surrounding area would be considered in his zoning request. He continued to ask Staff what could be done concerning their business. Mr. Lawson outlined the non -conforming status and that Planning Staff would work with Mr. Giles, to document their existing uses. Mr. Lawson continued that this location was not at an intersection. Commissioner Rector asked about rebuilding possibilities if a tornado hit the area. Mr. Lawson stated that in the past, the Mayor has made a proclamation that allowed for rebuilding due to tornadoes, etc. Mr. Barnett asked about remodeling his buildings and improving them. Staff replied that he could remodel, but not expand his buildings. Mr. Barnett commented about the possibility of passing his business to his grandson with a non- conforming status. Commissioner Rector stated that it had to be closed for more than 12 months to no longer be non -conforming. Mr. Lawson stated that it would require moving all stock and trade out to lose the non -conforming status. He continued that you could sell a non -conforming business to another person. Mr. Barnett asked if he could expand the storage area for his vehicles in the rear of his property. Staff confirmed with themselves and stated that Staff would need to document existing uses. Mr. Lawson stated that he could not buy additional property to use as storage for cars. Commissioner Downing stated concerns of zoning C-4 for the future uses. Mr. Barnett stated that in 20 years when every other property in the area was zoned commercial and his was not, that he would be losing value on his property. Commissioner Downing replied that if that was the case, those factors would be taken into account in that rezoning application and as of right now, the facts are not there to support C-4. A motion was made to approve the zoning as C-4. The motion failed with a vote of 2 ayes, 6 noes and 3 absent. The next item considered by the Commission was item 3.24 (Z-7186-A, Located at 2125 Lambert Road). Mr. Minyard made a presentation to the commission. The question was asked of Staff what the difference was in this application and the last. Mr. Minyard stated that this was on a residential street, not an arterial, this was not a salvage yard and car sales, this was just car sales. Stacy Pectol, owner, stated that her husband was the sole employee of Dale Pectol Auto Sales. She stated that this business is the sole support of the family, and purchased the property to be in compliance with state regulations. She continued that she would like to be zoned for that use in case state requirements changed and she would no longer be in compliance with state requirements. Mr. Minyard, of Staff, recommended that they may wish to defer to May 23 and convert to a PCD and provide the accompanying sketches. She stated that they do not currently have cars displayed on the property and hope never to do so. `C! FILE NO.: Z-7164 (Cont. Commissioner Floyd asked if they were required to expand if they showed expansion on their plan. The answer was no. Mr. Lawson suggested that we convert the application to a PCD and get with the owner before the Board meeting to generate any sketches. Mrs. Pectol stated that converting to a PCD was okay. She asked questions as to if the one acre in question was denied, would it be R-2 or could it be zoned AF. The property includes a lighted riding arena for horses, a jumping course, etc. She stated that they do not have horses at the time, but may in the future. Mr. Lawson stated that the arena was non -conforming, but they would be permitted to use it. He also stated that Staff supported a PCD for the site for the one -acre. Commissioner Floyd asked how the PCD would be approved lacking a sketch. Mr. Minyard stated that Staff would approve a PCD for existing conditions, no outside display of cars with the office in the barn. A motion was made to approve a PCD as amended. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission next considered item 3.27 (Z-7198-B, 3301 Reynard Road). Brian Minyard, of Staff made a presentation. The owner, Mike Oaks, asked for C-4 for a business for racecars that are built in a garage behind his house. There is not outside storage on the property. Commissioner Rector asked if he worked on anyone else's cars on the site, if it was only his cars. Mr. Oaks answered it was only his. Commissioner Rector asked if it required a commercial zoning. Mr. Lawson stated the best way to do it as a PCD or to document its' current conditions and use areas. Commissioner Downing asked about this being a home occupation. Mr. Lawson stated that this was not a listed use in home occupation. Mr. James Watson, a surrounding owner, was concerned about C-4 in a residential area. Mr. Lawson stated the Staff recommends that the Commission deny the C-4 request and the Staff will make an inspection of the site and document the uses. A motion was made to approve C-4. The motion was denied with a vote of 0 ayes, 8 noes and 3 absent. Commissioner Downing added that the Commission was specifically opposed based on a record that will be maintained and available to the applicant noting what was said in this meeting today. The Commission next took up item 3.28 and item 3.29 (Z-7171-A, 26711 Highway 10 south side of road and Z-7171-B, 26712 Highway 10 north side of the road respectively). Brian Minyard made a presentation to the commissioners. Both items are owned by the same person and both items can be discussed at the same time. Mary Musgrove stated that she had no immediate plans to develop at this time, but for future use, would like to be at least a C-1. She continued that with the creek and other non-residential uses, it was not suitable for residential uses. Commissioner Floyd and Staff engaged in a conversation about the proximity of her property with the areas shown as Neighborhood commercial to the east. Mrs. Musgrove stated the house on the south side of the road east of her property was commercial at one time or another. Mrs. Musgrove stated that she was amending her application to C-1. Mr. Lawson 15 FILE NO.: Z-7164 (Cont. suggested that the Commission might consider zoning the north portion commercial and not the south. Commissioner Berry stated that he supported commercial on the north. Mrs. Musgrove asked for AF on the south side and amended her application as such. A motion was made to approve the zoning as AF for Z-717-A as amended by the owner. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. A motion was made to approve Z-717-B to C-1 as amended by the owner. The motion was approved with a vote of 8 ayes, 0 noes and 3 absent. The Commission next considered item 3.30 (Z-7186-C, The east side of the intersection of Roberts Road and Alneta Loop). Brian Minyard made a presentation to the commission. The owner of the land was not present. Mr. Minyard continued, as was mentioned in the agenda meeting, that the owner's brother stated Mr. White did not own the property. Rather the property was in a trust for him and his brother to be received upon his father's death. A question was raised as to whether he could legally request zoning on the property. Mr. Lawson asked to withdraw this item. A motion was made to withdraw the application. The motion was approved with a vote -of 8 ayes, 0 noes and 3 absent. The Commission proceeded to item 3.31 (Z-7172-B, 23200 Highway 10). Brian Minyard made a presentation the commission. Mr. Holowell, the owner of the property stated that his sister was in favor of the zoning, but he was not. A motion was made to withdraw the application. The motion was approved with a vote of 7 ayes, 1 no and 3 absent. PLANNING COMMISSION ACTION: (AUGUST 22, 2002) Brian Minyard, City Staff, made a brief presentation to the commission. Mr. Minyard stated that this item is composed of the three items previously heard by the Planning Commission (Master Street Plan, Future Land Use Plan and Zoning Plan). The Board of Directors made a request for this item to be presented before the Planning Commission to see if there is any additional or new information to be reviewed. This request was in part due to the filing date with the county clerk of the city ordinances. Staff did not have any additional information to give to the Commission to review and recommended that the Commission approve this item. Sam Raines spoke in opposition to this item. Mr. Raines expressed a concern that the expansion of the ETJ line, and the resulting implementation of city regulations, would result in an inverse condemnation of property in the area in question. Mr. Raines stated that a possible solution would be to incorporate a new city in the area covered by the ETJ expansion. 16 E NO.: Z-7164 (Cont. Mr. Bud Barnes, representing the Citizens Concerned for Property Rights, spoke in opposition to this item. Before making his opening comments, Mr. Barnes distributed a written copy of his statement, and a book titled "The Geography of Nowhere" by James Howard Kunstler to the Commissioners and City Staff. Mr. Barnes' opening remarks expressed his concern that the Planning Commission Agenda addressing this item was not available on the city's website in a timely manner. Mr. Barnes added that he believed that the expansion of the ETJ area was a prelude to formal annexation of the territory by the city. Mr. Barnes raised some question that fit into three categories: General, Legal, and Planning. General questions included: a question about the causal factor to initiate Extra Territorial Jurisdiction, which officials made the determination of such factors, how will this item address infill problems and the provision of new services, the role of the Pulaski County Commission, the role of the Highway Department, the role of Metroplan, the impact on Federal Transportation funding, and if there a motivation to expand city limits to increase the tax base. The legal questions raised by Mr. Barnes included a question of how zoning and land use ordinance applications could take place without a properly filed map with the county clerk and a second question about the authority to zone land as "open spaces" and "Agricultural and Forest" under the three classifications granted by state law. The questions about the professional planning aspects asked if the proposed ETJ area fit a master plan for the city, if alternative solutions had been discussed, and if the expansion would encourage the development and rehabilitation of existing neighborhoods and their infrastructure needs. Mr. Philip Baldwin spoke in opposition to this item. Mr. Baldwin discussed his credentials as an Urban Planner as well as the credentials of the Planning Commission members until the time expired. A motion was made to extend the speaking time by five minutes. The motion was approved with a vote of 10 ayes, 0 noes, and 1 open. Mr. Baldwin questioned what the stated goals for the ETJ expansion were and then discussed design issues concerning the proposed regional park located in the boundaries of the expanded ETJ area until his time expired. Commissioner Craig Berry opened his remarks by stating that he read the book "The Geography of Nowhere" and that the book was about design issues. He also stated that the expansion of the ETJ line was not about design issues but that the ETJ area is a tool to prevent substandard development from occurring just outside city limits. He also stated that the ETJ prevents the exporting of the tax burden to the city from development occurring outside the city limits. Commissioner Berry closed his remarks by stating that it is good design for a city to have parks and green belts located around the city. A motion was made to approve the item as presented. The item was approved with a vote of 10 ayes, 0 noes, and 1 open. 17 LEGEND C3ErJ BOUNDARY F;2 AF Vicinity T FU j LF72 GARRISOI�� n C: 0 0' QV DpY �js L-GLENk_ I F 7n Area Zoning Case # Z-7164 NEW E-FJ AREA M&AF CT- TRS: T2NR12W33 PD: Ward: 0 0 1 2 Miles Proposed Zoning Case # Z-7165 A N OS, R2, OSCUP Cr. 42.01 TRS: 13NR141A34 0 450 900 Feet PD. 29 Vicinity Map ward N/A Item # Proposed Land Use Plan * Case # Z-7165-A N 3 !x CT: 42.01 0 "IRS: T3NR14W34 0 450 900 Feet PD: 29 — VicinityMap ward: MA Item Proposed Zoning Case # Z-7165-A N os q Cr. 42.01 F TRS: T3NR14W33 0 400 800 Feet PD. 29 Vicinity Map ward N/A Item # Land Use Case # Z-7165-A N i Cr. 42.01 TRS: T3NR14W34 0 450 900 Feet PD. 29 Vicinity Map Ward: NA Item Proposed Zoning Case # Z-7165 A - Z-7167 N OS, R2 Cr: 42.01 f TRS: T3NR14VB2 0 450 900 Feet PD. 29 Vicinity p ward N/A Item # Proposed Land Use * Case # Z-7165-A Td Cr: 42.01 TRS: 73NR141A32 0 450 900 Feet PD. 29 Vicinity Map ward TVA Item # La GI 0 Z 7165-B os .� T2NR14W4 d 4 UNICgRN LN CI-"r q 6 �� ❑ C3 g Q 7au oD. �. u-' a c mi .so z 0 4 o=mO&m000d a c5c fARReffD R n v Q �i � 4 ❑ n C1 0 `Z 7168-A AF Q V a Proposed Zoning *. Case # Z-7165 A , Z-7168-A N OS, R2, AF Cr: 42.01 J r TRS: T2NR14W34 0 450 900 Feet PD. 18 Vicinity Map i ward: Item # K/OS J f 1 I I 1 I! I I I 1 1 1 'I 11 D 000 Q3 �y UNICYRN LNG__WD �•t o SF SF 0 j p 13 0 S p' q z rs 13 OFL n a _ _ is r_ �❑ r 4s a a p 013 FO MER ETJ BOUNDRY SF u p O PK/OS SF / Cr-3' . 1-7Z--7 Proposed Land Use Case # Z-7165-A, - Z-7168-A N d Cr. 42.01 TRS: T2NR14W4 0 450 900 Feet j PD. 29 Vicinity Map 1( Wara n/a Item # ETJ BOUN DRY T2NR14W5 Z-71691 R2 o. C �• O6:3 Proposed Zoning 1 Case # Z-7169 - Z-7169 A N AF, R2 i CT: 42.01 MS: T2NR14W5 0 450 900 Feet PD. 29 Vicinity Map Ward: N/A Item # EfJ BOUNIXtY) u Q T2NR'14W5 5F PKOS o g7 J ADZ, 17 o as a lb° b � p p ca t7 4 r4n� tl a 0 ��'Ao PKOS Proposed Land Use T�4 a FAR PK/OS Case # Z-7169 - Z-7169-A N i Cr- 42.01 TRS: T2NR14W5 0 450 900 Feet PD. 18 Vicinity Map Ward NA Item # ETJ BOUNDRY NDRY .'o 0 T2NR14W6 z O m Z-7170—E w �� 4_ Z-7170—F r F7_ -7170 I R2 Z 7170—C HOOD RD 1 .y Z-7171 AF AF Z-7170 ' A 'I GROVEAF do 10 Z-7170—H 1 . PCD D Proposed Zoning 0 0 Case # Z-7170 - Z-7170-x N R 2, PCD, AF Cr: 42.01 0 400 800 Feet TRS: '12NR14W6 PD: 29 1 Vicinity Map Ward: N/A Vicinity NbP Proposed Land Use Case # Z-7170 - Z-7170-H Cr. 42.01 TRS: T2NR14W6 PD: 29 Ward N/A N 0 400 800 Feet Item # 3 ❑ Z O ' co i L 1 W (_ I 0 y 5 0 - r O ° ETJ BOUNDRY p o Qo� f o - Z-7170-F ° d Z 7171 AF I l R2 -� � 1 ❑ 0 o z, 0 1 � .- � 11 o ❑_ : Z-7171-B : `IZ-7171 A -,-, ¢ � = AF Sf: ETJ BOUNDRYON /RD o- c + OM1Z o 0 i Proposed Zoning _ � S r B Z Z-7170 ; _ : AF R2 -7170 V Z-717o-H y- PCD I�Iz •. y7o Case # Z-7171 - Z-7171-B N G Cl, R2, AF 4 Cr: 42.02 TRS: T2NR15W1 0 400 800 Feet PD: 30 Vicinity Map Ward: N/A Q z T2NR15W1 W - -0 S? r a _C o . . �..� � ETJ BOUNDRY _ Q o SF ,I 4 PKJOS PKJOS �. 4 NC- �_ ��TJ BO[JNDR INC V o ¢9 F~ a 0 0 -7 � D Proposed Land Use Case # Z-7171 - Z-7171-B N e . i o CT: 42.02 v TM: UNRIM 0 450 900 Feet PD: 30 ter' Vicinity ward: wa Item # 3 Proposed Zoning Case # Z-7172 - Z-7172 b N C3, R2 a Cr. 42.01 TRS: T2NR14W8 0 400 800 Feet PD: 29 vicinity Map ward: N/A Item # Proposed Land Use Case # Z-7172 - Z-7172-blp N Cr: 42.01 IRS: T2NR14W8 0 400 ' 800 Feet PD: 29 Vicinity Map Ward N/A Item # '. Zoning Cr: 42.01 Vicinity Map Ward: N/A Vicinity Map Proposed Land Use Case # Z-7173 CT: 42.01 TRS: T2NR14W7 PD. 29 Ward N/A 0 400 800 Feet Item # 7�C Vicinity Map Proposed Zoning Case # Z-7174 - Z-7174-A AF, R2 Cr- 42.10 TRS: T1NR14W15 PD. 22 Ward N/A H 0 450 900 Feet Item # Vicinity Map Proposed Land Use Case # Z-7174 - Z-7174-A Cr. 42.10 TRS: T2NR15W12 PD. 22 Ward N/A 0 450 900 Feet Item # Z � O o 0 � o O T2NR15M 1 m w Z-7175 R2 �rry � J T2NR1 �3 Z 7178 Proposed Zoning Case # Z-7175 N 7k' Cr: 42.02 TRS: T2NR15W23 0 450 900 Feet PD. 30 Vicinity Map Ward: Item # Proposed Land Use Case # Z-7175 N �• 3 i 4 Cr: 42.02 TM: T2NR15W11 0 450 900 Feet PD. 30 vichty Map Ward Item # -------------- E:P woo Dz/v ca am,7 1 C:3 G* LIMTS —T-2NR14W17- o UZI U) Z-7176-A MF6 13 00 pop -j Z-7176 C) R2 < ll�ops, CITY LIMITS p Proposed Zoning -7176 - Z-7176-A Case # Z N NF6, R2 Cr- 42.02 TRS: T2NR14W17 0 450 900 Feet PD: 30 Vicinity Map Ward: N/A O o -- -- CP CgM�RO ca - NwOOD _ O - A SF. , T2NR14Wl 7 a _—� PK/OS �j. SF .13 r .b .aA P 9 � �- _ -- Cl �. ---- SF Z o -00 o o sTo 00 0 o a p4 Q PK/OS v - PK/OS - o - ~°° a PI'd 9, SF. C 1� LIMITS - 7-5- Era Q Era Z SF o 00 0 SF (J CITY LIMITS } SF Z PK/OS Proposed Land Use J 0 -I 1_ Case # -7176 - Z-7176-A N L _ CT- 42.02 TRS: T2NR14W17 0 400 800 Feet • �' PD: 30 ��'„ VicHty Nlap Ward: N/A / n - > � 1 a I T2NR 4W18 r' COP d V Z 7177 L7L�i�Mmml MOR VicinityMat Ri Z 7177 A Proposed Zoning Case # Z-7177 - Z-7177-C AF, R2 Cr- 42.02 TRS: T2NR14W18 PD. 30 Ward: N/A d N 0 450 900 Feet Item # - LLa d fl o r i 4 T2NR 4M 8 R DG-E-EIELDC d ' i a _ SF SF W_1 l� r i v h V-x f a a �o -, e4 � 14F 4 �*i Vicinity Mq D. Q Proposed Land Use Case # Z-7177 - Z-7177-C CT: 42.02 TRS: T2NR14W18 PD.. 30 Ward N/A N 0 450 900 Feet Item # Vicinity Map Proposed Zoning Case # Z-7178 - Z-7178-A PR, R2 CR: 42.02 TRS: T2NR15W13 PD: 30 Ward: N/A HE- 0 450 900 Feet Item # Proposed Land Use *� Case # Z-7178 - Z-7178-A N r CT: 42.02 TRS: T2NR15W13 0 450 900 Feet r PD: 30 ~`~ Vicinity Map Ward: N/A Item # Proposed Zoning Case # Z-7179 N f R2 CT: 42.02 TRS: T2NR15W13 0 450 900 Feet PD. 30 Vicinity MV Ward: Item # Proposed Land Use * Case # Z-7179 N { CT: 42.02 4 TRS: T2NR15w14 0 400 800 Feet PD.30 �ryMap vi�ward Item # r � W S 1 i j �181-B n ■ d Z-7180 coL o d cr ' E R❑ ( k i1 N •� ° l< i3 ? o T2NR14W20 Proposed Zoning Case # Z-7180 N R2 1 o r -A- Cr. 42.02 TRS: T2NR14W19 0 450 900 Feet PD. 30 v,c►n;ty map Ward Item # Proposed Land Use Case # Z-7180 N GT: 42.02 TRS: 12NR14lh2O 0 450 900 Feet PI}. 30 Vicinity Map waza: Item # I 1Z7177 1 iAF l 181-C �.i i r1r 0 Z-7181-E�� ,4F Z-7181 Z 7181 A AF Proposed Zoning Case # Z-7181 - Z-7181-F N 7k AF, R2 , AF CUP + +r a Cr. 42.02 r TRS: T2NR14W19 0 450 900 Feet PD. 30 Vicinity Map ��r �� Ward Item # Proposed Land Use Case # Z-7181 - Z-7181-F N { q r Cr* 42.02 TRS: T2NR14W19 0 9 450 00 Feet 450 PD.. 30 Vicinity Map Ward: Item # Proposed Zoning Case # Z-7182 N R2 0 Cr: 42.02 TRS: T2NR15W24 0 400 800 Feet c PD. 30 Vicinity Map ward: N/A Item # Proposed Land Use Case # Z-7182 N j Cr- 42.02 "IRS: '12NR15W24 0 450 900 Feet PD: 30 Vicinity Map ward: N/A Item # Proposed Land Use Case # Z-7183 - Z-7183-A N Cr- 42.02 TRS: T2NR15w23 0 400 800 Feet j PD. 30 Vicinity Map I( w�a Item # Case # Z-7183 - Z-7183 A N a AF, R2 4 ?� CT: 42.02 TRS: T2NR15VM 1 0 450 900 Feet PD. 30 vicinity Map ward: Item # Proposed Zoning Case # Z-7184 N 7k' r R2 i f Cr: 42.02 4 TM: T2NR15W23 0 450 900 Feet PD. 30 Vicinity Map ward: Item # Fj C T2NRl4 m W ° SF SF� o PK/OS a • 4 SF Proposed Land Use CO F- J H U In 7 w SF w W p v LL Case # Z-7184 N 7k i 4 Cr-. 42.02 TRS: T2NR14WL8 0 400 800 Feet PD. 30 Vicinity Map ward Item # Proposed Zoning 4 Case # Z-7185 - Z-7185-A N AF, R2 i CT: 42.01 TRS: T3NR14W33 0 450 900 Feet PD: 18 Vicinity Map ward: N/A Item # Proposed Land Use Case # Z-7185 - Z-7185 A N y r Cr. 42.01 TRS: T3NR14WZ9 0 460 900 Feet PD-. 18 Vicinity Map Ward N/A Item # _ INR11;4V�9 Z') I " F+RL�' `� Az CO f j Z-7186-G Z-7186-H AF AF tZ-7186-1. _" AF rn 0 Z-7186-D (n AF Z-7186-J PCD T2NR14W30 Z-7186-F AF. taZ-7186u- Z-7186-E R2 AF KENT IN SIMPS-QNVI.LLE LN LN Area Zoning Z-7185-A AF M A Case #Z-7186 - Z-7186-J R2, PCD, AF Cr. 42.02 TRS: T2NR14W30 0 450 900 Feet ? PD: 21 Vicir�ty Map Ward- NA Proposed Land Use yam, Case # Z-7186 - Z-7186-K N CT. 42.01 TRS: T2NR14W30 0 450 900 Feet PD: 18 r _s Vicinity Map Ward: N/A —T 1 45 w 72NR15VI25 Z-718� + ~~ -- R2 ETJ BDUNDARY Z-7187-H� C3 CUP _ J R YE Z-7187 A (1 20 (o Z-7187-F 1 �, �. AF C - 0 m- Y o w Z-7187E AF m o cn -- 7-7187-D J ` Z-7187 A 4 ..PCD WlfESS BEE LN1 Cl l _ - o�-� Z-7187-C z 7187-B � — AMz-7187-1 , FTJ BD Cl Cl -- Proposed Zoning ` Case # Z-7187-E - Z-7187-I N AF, R2, C3, Ol, Cl, C3 CUP, PCD i CF. 42.02 TRS: T2NR15W25 0 400 800 Feet PD: 30 Vicinity Map ` Ward N/A ----.T2 •. i o LU T2NR15VV25 - o F7'� B�ClN,�3ARY � j 9� LU D O 1 '�� ^'iv \ o PK/OS KI W iTNE_S_$� �� L DR LG��F� SF ETJ B / Proposed Land Use Case # Z-7187-E - Z-7187-I N i CT: 42.02 TRS: T2NR15WZ5 0 400 800 Feet PD: 30 Vicinity Map 1 Ward N/A Item # Case # Z-7188 - Z-7188-E N AF, R2 , AF CUP Cr. 42.02 TRS: T2NR14W33 0 400 800 Feet PD. 21 Vicinity Map ward: N/A Item #