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Z-5686-A Staff AnalysisFILE NO.: Z -5686-A NAME: Ilodianya - Short -Form PD -O LOCATION: 4807 Ballinger Road DEVELOPER: SURVEYOR: Emmanuel Ilodianya Donald Banks P. O. Box 2254 20820 Arch Street Pike Little Rock, AR 72203 Hensley, AR 72065 AREA: Approx. 0.90 acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 ALLOWED USES: Single Family Residential PROPOSED USE: Counseling Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 4807 Ballinger Road from R-2 to PD -O in order to utilize the existing single family structure as a counseling office. The applicant notes that the goals and objectives of this proposed use are to establish a quality out-patient counseling office that will help adolescents (and their families) who have behavioral and psychological problems that include drug and alcohol addiction, the perpetration of crimes and tendencies toward defiance of authority. The proposed hours of operation will be from 8:00 a.m. - 5:00 p.m., Monday -Friday. The applicant notes that there will be one (1) full-time employee, whose job it will be to make appointments for clients to see the counselor. The counselor will be on duty part-time, and will be in the office only when a client is scheduled for an appointment. The applicant has noted that the office will serve an average of three (3) clients per day. A small wall -mounted sign is proposed on the street side of the building (approximately 5 square feet in area). FILE NO.: Z -5686-A (Cont.) The applicant proposes to have a gravel drive with parking along the east side of the building and an area in the rear yard labeled as "over -flow parking". The applicant has shown the over -flow parking due to the fact that he has offered use of the building to the neighborhood for meetings, etc. A paved parking area is not proposed in order to help maintain the residential character of the property. B. EXISTING CONDITIONS: There is an existing one-story frame single-family structure on the property, with an existing gravel drive from Ballinger Road. There is railroad right-of-way across Ballinger Rod to the north, with single family residences to the south, east and west. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a letter of support from the Wakefield Neighborhood Association. The Wakefield and Geyer Springs Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Ballinger Road is commercial street standard. Dedicate right-of-way to 30 feet from centerline. 2. Provide design of street conforming to "MSP"(Master Street Plan). Construct one-half street improvements to this street including 5 foot sidewalk with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Sidewalks shall be shown conforming to Sec. 31-175 and the "MSP". 5. Stormwater detention ordinance applies to this property. 6. Parking lot must be paved to stop gravel dragging on public streets. 7. All driveways shall be concrete aprons per City Ordinance. 8. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Show driveway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment received. 2 FILE NO.: Z -5686-A (Cont.) Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: No Comment. County Planning: No Comment received. CATA: No Comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Single Family for this location. The proposed change from R-2 Single Family Residential to Planned Development Office is not consistent with the current land use category. Staff recommendation for a land use plan amendment for this property that was heard previously was not in support of the change. When heard by the Planning Commission, it passed with a split vote of 6-5. The amendment was heard by the Board of Directors on January 4, 1999 and it did not pass. City Recognized Neighborhood Action Plan: This area is not covered by a city recognized neighborhood plan. Landsca a Issues: No Comment. G. ANALYSIS: The applicant submitted a revised site plan and additional information to staff February 2, 2000. The revised plan notes that the driveway from Ballinger Road to the gate will be paved as requested by Public Works. This will help prevent gravel from being pulled out onto Ballinger Road. The applicant provided sign details to staff. The applicant also noted that the Wakefield Neighborhood would use the office building for meetings as needed. This information was covered in paragraph A. of this report. In addition to paving a portion of the driveway, the applicant has agreed to dedicate the additional right-of- way for Ballinger Road and do a 15 percent in -lieu contribution for street improvements. 3 FILE NO.: Z -5686-A (Cont.) An office use of this size (1,954 square feet) would typically require four (4) on-site parking spaces. The applicant is proposing a gravel parking area along the east side of the building and a non -paved overflow parking,area in the rear yard. As noted earlier, the applicant is proposing to pave the driveway from Ballinger Road to the existing gate. Otherwise, no additional paving or screening is proposed. Aside from this fact, staff cannot support the parking arrangement as proposed, due to the fact that adequate maneuvering and turnaround space does not exist. As noted in paragraph F. of this report, staff did not support a previous land use plan amendment for this property. The proposed PD -0 rezoning is not consistent with the current single family residential land use category. Staff still feels that the proposed rezoning and use of the property is not compatible with the surrounding residential uses, and therefore cannot support the PD -O. H. STAFF RECOMMENDATIONS: Staff recommends denial of the proposed PD -0 rezoning. SUBDIVISION COMMITTEE COMMENT: (JANUARY 27, 2000) Emmanuel Ilodianya was present, representing the application. Staff described the proposed PD -O, noting that details on signage and need for the overflow parking needed to be provided. Mr. Ilodianya noted that the building would be also used by the neighborhood for meetings. The Public Works requirements were briefly discussed. It was noted that a portion of the driveway from Ballinger Road needed to be paved to prevent gravel from being pulled out onto the roadway. Mr. Ilodianya indicated that he would comply with this requirement. After the discussion, the Committee forwarded the PD -0 to the full Commission for resolution. 4 FILE NO.: Z -5686-A (Cont.) PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) Emmanuel Ilodianya was present, representing the application. Staff briefly described the proposed PD -0 with a recommendation of denial. Emmanuel Ilodianya addressed the Commission in support of the application. He noted that several letters supporting the application were received from surrounding neighbors. Don Darnell, of the Wakefield Neighborhood Association, addressed the Commission in support of the application. He discussed the proposed use and the previous Land Use Plan Amendment application. Commissioner Earnest asked about the action by the Board of Directors on the previous Land Use Plan Amendment. Jim Lawson, Director of Planning and Development, commented that the Board of Directors denied the previous Land Use Plan Amendment and encouraged the applicant to file a PZD rezoning for the property. This issue was briefly discussed. There was a motion to approve the application. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. 5 February 17, 2000 ITEM NO.: 4 FILE NO.: Z -5686-A NAME: Ilodianya - Short -Form PD -O LOCATION: 4807 Ballinger Road DEVELOPER: Emmanuel Ilodianya P. 0. Box 2254 Little Rock, AR 72203 AREA: Approx. 0.90 acre SURVEYOR: Donald Banks 20820 Arch Street Pike Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 ALLOWED USES: Single Family Residential PROPOSED USE: Counseling Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 4807 Ballinger Road from R-2 to PD -O in order to utilize the existing single family structure as a counseling office. The applicant notes that the goals and objectives of this proposed use are to establish a quality out-patient counseling office that will help adolescents (and their families) who have behavioral and psychological problems that include drug and alcohol addiction, the perpetration of crimes and tendencies toward defiance of authority. The proposed hours of operation will be from 8:00 a.m. - 5:00 p.m., Monday -Friday. The applicant notes that there will be one (1) full-time employee, whose job it will be to make appointments for clients to see the counselor. The counselor will be on duty part-time, and will be in the office only when a client is scheduled for an appointment. The applicant has noted that the office will serve an February 17, 2000 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z -5686-A average of three (3) clients per day. A small wall -mounted sign is proposed on the street side of the building (approximately 5 square feet in area). The applicant proposes to have a gravel drive with parking along the east side of the building and an area in the rear yard labeled as "over -flow parking". The applicant has shown the over -flow parking due to the fact that he has offered use of the building to the neighborhood for meetings, etc. A paved parking area is not proposed in order to help maintain the residential character of the property. B. EXISTING CONDITIONS: There is an existing one-story frame single-family structure on the property, with an existing gravel drive from Ballinger Road. There is railroad right-of-way across Ballinger Rod to the north, with single family residences to the south, east and west. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a letter of support from the Wakefield Neighborhood Association. The Wakefield and Geyer Springs Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Ballinger Road is commercial street standard. Dedicate right-of-way to 30 feet from centerline. 2. Provide design of street conforming to " MSP" (Master Street Plan). Construct one-half street improvements to this street including 5 foot sidewalk with planned development. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 4. Sidewalks shall be shown conforming to Sec. 31-175 and the " MSP" . 5. Stormwater detention ordinance applies to this property. 6. Parking lot must be paved to stop gravel dragging on public streets. 7. All driveways shall be concrete aprons per City Ordinance. 2 February 17, 2000 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z -5686-A 8. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Show driveway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: No Comment. County Planning: No Comment received. CATA: No Comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Single Family for this location. The proposed change from R-2 Single Family Residential to Planned Development Office is not consistent with the current land use category. Staff recommendation for a land use plan amendment for this property that was heard previously was not in support of the change. When heard by the Planning Commission, it passed with a split vote of 6-5. The amendment was heard by the Board of Directors on January 4, 1999 and it did not pass. City Recognized Neighborhood Action Plan: This area is not covered by a city recognized neighborhood plan. Landscape Issues: No Comment. G. ANALYSIS: The applicant submitted a revised site plan and additional information to staff February 2, 2000. The revised plan notes that the driveway from Ballinger Road to the gate will be paved as requested by Public Works. This will help prevent gravel from being pulled out onto Ballinger Road. 3 February 17, 2000 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z -5686-A The applicant provided sign details to staff. The applicant also noted that the Wakefield Neighborhood would use the office building for meetings as needed. This information was covered in paragraph A. of this report. In addition to paving a portion of the driveway, the applicant has agreed to dedicate the additional right-of- way for Ballinger Road and do a 15 percent in -lieu contribution for street improvements. An office use of this size (1,954 square feet) would typically require four (4) on-site parking spaces. The applicant is proposing a gravel parking area along the east side of the building and a non -paved overflow parking area in the rear yard. As noted earlier, the applicant is proposing to pave the driveway from Ballinger Road to the existing gate. Otherwise, no additional paving or screening is proposed. Aside from this fact, staff cannot support the parking arrangement as proposed, due to the fact that adequate maneuvering and turnaround space does not exist. As noted in paragraph F. of this report, staff did not support a previous land use plan amendment for this property. The proposed PD -0 rezoning is not consistent with the current single family residential land use category. Staff still feels that the proposed rezoning and use of the property is not compatible with the surrounding residential uses, and therefore cannot support the PD -O. H. STAFF RECOMMENDATIONS: Staff recommends denial of the proposed PD -0 rezoning. SUBDIVISION COMMITTEE COMMENT: (JANUARY 27, 2000) Emmanuel Ilodianya was present, representing the application. Staff described the proposed PD -O, noting that details on signage and need for the overflow parking needed to be provided. Mr. Ilodianya noted that the building would be also used by the neighborhood for meetings. The Public Works requirements were briefly discussed. It was noted that a portion of the driveway from Ballinger Road needed 2 February 17, 2000 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z -5686-A to be paved to prevent gravel from being pulled out onto the roadway. Mr. Ilodianya indicated that he would comply with this requirement. After the discussion, the Committee forwarded the PD -0 to the full Commission for resolution. PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) Emmanuel Ilodianya was present, representing the application. Staff briefly described the proposed PD -0 with a recommendation of denial. Emmanuel Ilodianya addressed the Commission in support of the application. He noted that several letters supporting the application were received from surrounding neighbors. Don Darnell, of the Wakefield Neighborhood Association, addressed the Commission in support of the application. He discussed the proposed use and the previous Land Use Plan Amendment application. Commissioner Earnest asked about the action by the Board of Directors on the previous Land Use Plan Amendment. Jim Lawson, Director of Planning and Development, commented that the Board of Directors denied the previous Land Use Plan Amendment and encouraged the applicant to file a PZD rezoning for the property. This issue was briefly discussed. There was a motion to approve the application. The motion passed by a vote of 8 ayes, 1 nay and 2 absent. 5