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Z-8716 Staff AnalysisFILE NO.: Z-871 NAME: John Cooley Short -form PCD LOCATION: Located at 24201 Burlingame Road DEVELOPER: John Cooley c/o Shane Harvey 701 West 7'" Street Little Rock, AR 72201 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 5.02 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 AF, Agriculture and Forestry FT. NEW STREET: 0 LF Single-family, Recreation and Agriculture/Timber PCD C-1, Neighborhood Commercial uses and a Recording studio VARIANCESMAIVERS REQUESTED: None requested A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is proposing to rezone the site from AF, Agriculture and Forestry to PCD to allow the use of this existing building as a recording studio. The cover letter indicates the allowance of C-1, Neighborhood Commercial uses as allowable alternative uses for the property. The site was constructed a number of years ago as a daycare center but has been used as a residential use for the past several years. The property is located outside the City limits but within the City's Extraterritorial Planning Jurisdiction. FILE NO.: Z-8716 B. EXISTING CONDITIONS: The property contains a building which was constructed as a non-residential building but has been used as a residence for a number of years. The building has a large circular concrete drive with a porte cochere. The property is located on both sides of Burlingame Road. The property located on the east side of the road is presently a grass covered field. Within this area there is also a major electrical transmission line. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200-feet of the site were notified of the public hearing. There is not an active neighborhood association located in this area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS. 1. Burlingame Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Where the subject property is on both sides of the Burlingame Road, right-of- way of 110 feet should be dedicated. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: The site is located outside the service boundary. Provide a letter from the County Sanitarian concerning the existing septic disposal system and the capacity to handle the new use. Enter : No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, 2 FILE NO.: Z-8716 (Cont. successful tests of the assembly must be completed by a Certified Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: The site is located within the West Pulaski County Volunteer Fire Department's service area. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed request and their ability to serve the use. County Planning: A dedication of right of way to meet a Class IV Minor Arterial Street Standard per the County Master Road Plan (45-feet from centerline) will be required along the Burlingame Road frontage. CATA: The site is not located on a dedicated CATA Bus route. Parks and Recreation: No comment received. F. ISSUESTFECHN ICAL/DESIGN: Planning Division: This request is located in the Burlingame Valley Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from AF to PCD to allow for a recording studio and C-1 uses. Master Street Plan: Burlingame Road is a Principal Arterial. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Burlingame Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle_ Plan: There is a Class I Bike Path shown along Burlingame Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine foot (9') paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: Any future upgrades may require the addition of landscaping on the site. 9 FILE NO.: Z-8716 Cont. G. SUBDIVISION COMMITTEE COMMENT: (October 27, 2011) The applicant was present. Staff presented the item stating there were few outstanding technical issues associated with the request. Staff stated the cover letter indicated the allowance of C-1, Neighborhood Commercial uses as allowable alternative uses for the site. Staff stated they did not support the allowance of all the uses listed in the C-1, Neighborhood Commercial zoning district as allowable uses for the property. Staff suggested the applicant review the proposed uses and limit the list to neighborhood friendly uses which were most likely to occupy the site. Public Works comments were addressed. Staff stated per the Master Street plan dedication of right of way 55-feet from centerline would be required. Staff noted the County required dedication was not as stringent as the City therefore the City right of way dedication would prevail. Staff stated where the property was located on both sides of Burlingame Road the entire 110-feet of right of way would be required. Landscaping comments were noted. Staff stated any future upgrades would potentially require the addition of landscaping. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the October 27, 2011, Subdivision Committee meeting in need of addressing via a revised site plan. The applicant has indicated they desire to move forward with the allowance of C-1, Neighborhood Commercial District uses and a recording studio as allowable uses for the site. There are no exterior modifications or upgrades proposed for the site with the approval of the zoning. The site contains a 3,235 square foot building which was originally constructed as a non-residential building, a daycare, but was later used as single-family and has been single-family for a number of years. There is a circular drive extending from Burlingame Road. There is also a gravel parking pad located on the north side of the driveway. As noted in the landscape comments future upgrades may require upgrades to the existing paving and parking areas. The property is located on both sides of Burlingame Road. The applicant is requesting a rezoning of the portion of property located on the west side of Burlingame Road. The property located on the east side will remain zoned AF. rd FILE NO.: Z-8716 (Cont. The days and hours of operation have not been established for the site, the lighting plan has not been addressed and signage has not been addressed. Staff would recommend the signage be limited to signage allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. Building signage should be limited to signage allowed in office zones or a maximum of ten percent of the front fagade. Staff recommends site lighting be low level and directional, directed downward and into the site and follow typical residential lighting with the pole height not to exceed ten (10) to fifteen (15) feet and be placed where the lighting will not interfere with adjacent properties. Staff has concerns with the application as proposed. Staff does not feel the allowance of all the uses within the C-1, Neighborhood Commercial zoning district are appropriate for this site. Within this zoning district an eating place, florist shop, food store, multi -family and school are among the uses allowed. In addition to these allowed uses there are a number of other uses within the CA Neighborhood Commercial zoning district which could potentially impact the site with regard to parking and impact the neighborhood with regard to the hours of operation. Staff is supportive of allowing the recording studio to locate on the site. Staff does not feel the recording studio will generate a great deal of traffic to the site and the hours of operation will not impact the residential uses in the area. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (NOVEMBER 17, 2011) The applicant was present. There were registered objectors present. Staff stated the applicant had revised the request to limit the use to a recording studio and single-family as an allowable alternative use for the property. Staff stated based on the revised request staff was now supportive of the request. Staff presented a recommendation of approval of the request to allow the use of the building as a recording studio and single- family as an allowable alternative use subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. John Cooley addressed the Commission on the merits of the request. He stated he currently owned a recording studio on Autumn Road. He stated he was looking to relocate the business to Burlingame Road. He stated the building had been constructed as a commercial building and had not served well as a private residence. He stated the noise level should not be a concern. He stated the noise should be similar to ambient traffic noise. He stated the building was insulated and isolated to limit the outside noise into the building and the same for the noise inside the building to outside. He stated the business was not an 8 to 5 business. He stated there were occasions where musicians recorded during the evening hours and on weekends. He stated there was one full time and one part time employee of the business other than himself. He stated parking and 5 FILE NO_: Z-8716 (Cont. traffic would not be an issue. He stated the most vehicles he had ever had at his current location was six including his car and his employee's vehicle. He stated the building had four large rooms, two baths and a small kitchenette. He stated the building as currently configured was idea for the recording studio. Mr. Sam Strange addressed the Commission as the property owner. He stated he and his wife had lived in the structure for the past four years. He stated for the first two years they had tried to get someone to remodel the structure as a private residence. He stated they were unable to get bids for the remodeling. He stated the structure had been for sale for at least two years and there had not been anyone interested in buying the structure for residential purposed. He stated most people would walk in see the layout and leave. He stated the building was not suited for a home. Ms. Lolly Honea addressed the Commission in opposition of the request. She stated she and her neighbors were opposed to the rezoning request to allow a commercial business to locate on the site. She stated there were a number of concerns including traffic, noise and signage. She provided the Commission with the Extraterritorial Planning Jurisdiction Map which included areas for non-residential. She stated she was a real estate agent and carried this map with her to show potential buyers in the area the City's plan for the area. She stated the building was constructed as a childcare center before the area was brought into the City's Planning Jurisdiction. She stated there were 71 persons who had signed in opposition to the rezoning request. She stated she was a realtor and felt everyone should go by and have a do right attitude. She provided the Commission with photos of the area stating the area was rural with homes located on large tracts. She stated the commercial businesses were located on Kanis Road and not on Burlingame Road. She stated this area of Pulaski County was a jewel. She stated the placement of the commercial business at this location would not help but hurt property values. She stated the City had spent a great deal of time and money investing in the Extraterritorial Plan and she felt the City should honor the plan. She stated the residents of the area were passionate about the area. She stated a number of years ago City staff called her to help with the implementation of the Extraterritorial Plan. She stated she fought for the plan because a number of the residents in the area did not want zoning. She stated the plan was put in place to protect property values. She stated she did not want to put Ferndale on the map for a recording studio she wanted Ferndale to be on the map because it was such a pristine area. She stated she did not feel the City's plan for the area should be changed for one person. Ms. Honea questioned if the septic system could handle the commercial business. She questioned if the sign would have lighting. She questioned if the acoustical music would generate noise. Mr. Colley stated the County Sanitarian had been contacted and he was working to secure an approval letter for the existing septic system. He stated with the remodeling two of showers in the baths would be removed. He stated the building was originally constructed as a commercial business for 50 to 60 children. He stated he felt the septic A FILE NO.: Z-8716 (Cont. system would more than handle the use as a recording studio. Staff stated the item would not be forwarded to the Board of Directors until the applicant had secured a letter from the County Sanitarian concerning the septic system and the ability to serve the proposed use. He stated the sign would be a 2 '/2 by 3 foot sign and the sign would not have lighting. He stated he did not want a huge presence in the area. He stated he wanted to be a good steward of the property and a good neighbor to the residents in the area. There was a general discussion by the Commission concerning the proposed use of the building as residential and as a recording studio. The Commission questioned staff as to the allowable uses under the current AF, Agriculture and Forestry zoning. Staff provided the Commission with the list of allowed uses and the uses which are allowed through the Conditional Use Permit process. The Commission questioned staff if the proposed use was less intense than the proposed use as a recording studio. Staff stated in their opinion the recording studio was a less intense use than could be allowed under the current zoning district. The Commission question Mr. Cooley if he was amending his application to limit the size of the sign. He stated he was amending the application to limit the sign to a 2'/2 by 3 foot sign and the sign would not have lighting. There was no further discussion of the item. The Chair entertained a motion for approval of the item as amended. The motion carried by a vote of 9 ayes, 1 no and 1 absent. 7 ITEM NO.: 9. NAME: John Cooley Short -form PD-O Road LOCATION: located at 24201 Burlingame Planning Staff Comments: Z-8716 1. Provide notification of property owners located within 200-feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than November 2, 2011. The Office of Planning and Development must receive the proof of notice no later than November 10, 2011. 2. The cover letter indicates C-1, Neighborhood Commercial uses as alternative uses for the property. Staff has concerns with the allowance of the entire C-1 zoning classification as allowable alternative uses. VariancefWaivers: None requested. Public Works Conditions: 1. Burlingame Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. Where the subject property is on both sides of the Burlingame Road, right-of-way of 110 feet should be dedicated. Utilities and Fire Department/County Planning: Wastewater: The site is located outside the service boundary. Provide a letter from the County Sanitarian concerning the existing septic disposal system and the capacity to handle the new use. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections off the private fire system. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZ assembly, successful tests of the assembly must be completed by a Certified Item # 9. Assembly Tester licensed in the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: The site is located within the West Pulaski County Volunteer Fire Department. Provide a letter from the area volunteer fire department indicating their knowledge of the proposed request and their ability to serve the use. Chief Ronnie Wheeler — 529-2004 or Ronaid.wheeleraarkansas.gov or wpfd __sbolobal.net County Planning: A dedication of right of way to meet a Class IV Minor Arterial Street Standard per the County Master Road Plan (45-feet from centerline) will be required along the Burlingame Road frontage. CATA: The site is not located on a dedicated CATA Bus route. Parks and Recreation: No comment received. Planning Division: This request is located in the Burlingame Valley Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from AF to PD-O to allow for a recording studio. Master Street Plan: Burlingame Road is a Principal Arterial. The primary function of a Principal Arterial Street is to serve through traffic and to connect major traffic generator or activity centers within an urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Burlingame Road since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class I Bike Path shown along Burlingame Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine foot (9') paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: Any future upgrades may require the addition of landscaping on the site. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, November 2, 2011. Item # 9.