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DECEMBER 18, 2003

ITEM NO.:        9.1

FILE NO.:         Z-6973-A

Owner:             Terraforma, LLC, Mark Riable and Mary Rush

Applicant:         White-Daters and Associates

Location:          North and south sides of David O Dodd Road, between Bowman and Lawson
                          Roads, south of Colonel Glenn Road

Area:                Approximately 10.3 acres

Request:          Rezone from R-2 and O-3 to C-3

Purpose:          Future Commercial Development

Existing Use:   Single Family Residential and Undeveloped

SURROUNDING LAND USE AND ZONING

North - Office/warehouse development and undeveloped property (across Colonel Glenn Road); zoned O-3 and POD

South - J.A. Fair High School; zoned R-2

East - Contractor's yard/office and single family residences (across Lawson Road); zoned PD-C and R-2

West - Undeveloped; zoned O-3 and C-3

A.      PUBLIC WORKS COMMENTS:

1. The Lawson Road Cut-Off labeled on the plan as Church Road is classified on the Master Street Plan as a minor arterial. A minimum dedication of right-of-way 45 feet from centerline will be required.

2. The proposed land use would classify Lawson Road north of the Lawson Connector and a commercial street on the Master Street Plan. A dedication of right-of-way 30' from centerline is required. This dedication is the minimum required as measured from the centerline. If the applicant owns land on both sides of the centerline, additional dedication is required.

3. Ten feet of additional right-of-way will be required along David O Dodd to accommodate a future right turn lane. Contact Traffic Engineering (379-1816).

B.      PUBLIC TRANSPORTATION ELEMENT:

The site is not located on a CATA bus route.

C.      PUBLIC NOTIFICATION:

All owners of property located within 200 feet of the site, all residents located within 300 feet who could be identified, and the John Barrow and SWLR United for Progress Neighborhood Associations were notified of the public hearing.

D.      LAND USE ELEMENT:

This request is located in the 65th Street West Planning District. The Land Use Plan shows Community Shopping and Office for this property. The applicant has applied for C-3 General Commercial zoning for new retail development.

A land use plan amendment for a change to Commercial is a separate item on this agenda.

City Recognized 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:

Terraforma, LLC, Mark Riable and Mary Rush, owners of a 4.59 acre tract located along the south side of David O Dodd Road (at Bowman Plaza Drive) and 5.70 acres along the north side of David O Dodd Road and the east side of Lawson Road, are requesting to rezone the property from R-2 and O-3 to C-3. The rezoning is proposed for future commercial development. The applicant is proposing a 50 foot wide OS zoned strip along the south property line of the 4.59 acre parcel on the south side of David O Dodd Road.

The majority of the property is undeveloped and mostly wooded. There is one (1) single family residence located along Lawson Road, at the southwest corner of the property. Approximately three (3) acres of the property north of David O Dodd Road is currently zoned R-2, with the remainder of the 5.70 acres being zoned O-3. All of the 4.59 acre property on the south side of David O Dodd Road is currently zoned O-3.

The general area contains a mixture of zoning and uses. An office/warehouse development and undeveloped O-3 zoned property is located across Colonel Glenn Road to the north. J. A. Fair High School is located to the south, with undeveloped O-3 and C-3 zoned property to the southeast. There is a large amount of C-3 and C-4 zoned property across David O Dodd Road to the east. There is a contractor's office/maintenance yard and single family residences on large tracts across Lawson Road to the west.

The City's Land Use Plan designates the north 1.5± acres (north of David O Dodd Road) as community shopping, with the south 4.2± acres shown as office. The 4.59 acres on the south side of David O Dodd is shown as office on the future plan. The applicant has filed a Land Use Plan Amendment for a change to commercial for all of the property. This issue is a separate item on this agenda (Item 9).

Staff does not support the C-3 zoning, as requested. Staff could support C-3 for the north 1.5± acres which is shown as community shopping on the future Land Use Plan. Staff could also support O-3 zoning for the south 2± acres which is currently zoned R-2. However, staff feels that the 2.2± acres (north side of David O Dodd Road) and the 4.59 acres (south side of David O Dodd Road) which are currently zoned O-3 should remain as zoned. Staff feels that office zoning is more appropriate within this area of transition from the more intense commercial zoning along Colonel Glenn Road (between Lawson and I-430), to the school and single family uses to the south, west and southwest.

F.      STAFF RECOMMENDATION:

Staff recommends denial of the C-3 zoning, as requested.