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Z-8728 Staff AnalysisITEM NO.: 6. Z-8728 NAME: Worsham Short -form PCD LOCATION: located at 910 East 9th Street Planning Staff Comments: 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 December 21, 2011. The Office of Planning and Development must receive the proof of notice no later than December ( 30, 2011. 2. The request is a rezoning to allow the use of the site as auto repair with limited automobile sales. Provide the maximum number of cars to be located on the site for sale at any one time. — While cars are awaiting approval from the State for abandonment, where will they be kept? Will other cars also be offered for sale? 3. The days and hours of operation are from 7 am to 7 pm Monday through Saturday. �- 4. Provide the number of employees. 5. Provide details of any proposed signage including ground signage, provide the total height and total sign area an building signage provide the maximumsignsize to be located on the building. VI �g 6. Provide the location of any propM dumpster facrlrtie to be located on the �ie. 7. Will there be outdoor storage of parts or materials on the site? Where will waste ,yam tires and waste oil be kept prior to disposal? 1A,-/,.- 8. Are any upgrades to paving or landscaping proposed with the rezoning request? If so note the proposed upgrades and the time frame for completing the upgrades:-txU- 9. The property is located in the Presidential Park Design Overlay District. The DOD requirements apply to any upgrades in excess of 50% of the replacement value of the structure. The primary DOD requirements are related to street trees and street furniture for developed sites. Variance/Waivers: None requested. Public Works Conditions: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Enter : No comment received. Center -Point Ener : No comment received. Item # 6. 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 if additional fire protection or metered water service is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 20 — the College Station route. Parks and Recreation: No comment received. Planning Division: This request is located in the Interstate 30 Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. The applicant has applied for a rezoning from C-3, General Commercial to PCD (Planned Commercial Development) to allow for the auto repair and sales business with outdoor sales. The site is within the Presidential Park Design Overlay District. Master Street Plan: 9th Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Item # 6. 2. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. 5. Staff recommends installing two (2) interior islands that are seven and a half foot in width (7 %2') and a minimum of one hundred fifty square foot (150) in area. These islands will also help with vehicular circulation. 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, December 14, 2011. Item # 6. ITEM NO.- 6. Z-8728 NAME: Worsham Short -form PCD LOCATION: located at 910 East 9th Street Planning Staff Comments: 1. Provide notification of property owners with the certified abstract list, notice mailing. The notice must be mailed no located within 200-feet of the site, complete form with affidavit executed and proof of later than December 21, 2011. The Office of Planning and Development must receive the proof of notice no later than December 30, 2011. 2. The request is a rezoning to allow the use of the site as auto repair with limited automobile sales. Provide the maximum number of cars to be located on the site for sale at any one time. — While cars are awaiting approval from the State for abandonment, where will they be kept? Will other cars also be offered for sale? 3. The days and hours of operation are from 7 am to 7 pm Monday through Saturday. 4. Provide the number of employees. 5. Provide details of any proposed signage including ground signage, provide the total height and total sign area and building signage provide the maximum sign size to be located on the building. 6. Provide the location of any proposed dumpster facilities to be located on the site. 7. Will there be outdoor storage of parts or materials on the site? Where will waste tires and waste oil be kept prior to disposal? 8. Are any upgrades to paving or landscaping proposed with the rezoning request? If so note the proposed upgrades and the time frame for completing the upgrades. 9. The property is located in the Presidential Park Design Overlay District. The DOD requirements apply to any upgrades in excess of 50% of the replacement value of the structure. The primary DOD requirements are related to street trees and street furniture for developed sites. Variance/Waivers: None requested. Public Works Conditions: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. Item # 6. 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 if additional fire protection or metered water service is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 20 — the College Station route. Parks and Recreation: No comment received. Planning Division: This request is located in the Interstate 30 Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. The applicant has applied for a rezoning from C-3, General Commercial to PCD (Planned Commercial Development) to allow for the auto repair and sales business with outdoor sales. The site is within the Presidential Park Design Overlay District. Master Street Plan: 9th Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. Item # 6. 2. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. 5. Staff recommends installing two (2) interior islands that are seven and a half foot in width (7 '/z') and a minimum of one hundred fifty square foot (150) in area. These islands will also help with vehicular circulation. 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, December 14, 2011. Item # 6. FILE NO.: Z-8728 NAME: Worsham Short -form PCD LOCATION: Located at 910 East 9th Street DEVELOPER: Melvin Worsham P.O. Box 774 Little Rock, AR 72203 SURVEYOR: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 0.225 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING NUMBER OF LOTS: 1 C-3, General Commercial District Retail PCD PROPOSED USE: Auto repair and sales VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSAUREQUEST/APPLICANT'S STATEMENT: FT. NEW STREET: 0 LF The applicant is proposing to rezone the site from C-3, General Commercial District to PCD to allow the use of an existing building as auto repair. The applicant is also requesting to be allowed to sell automobiles from this site. The property is located within the Presidential Park Design Overlay District which requires all uses to be located indoors. The applicant has indicated the hours of operation are from 7 am to 7 pm Monday through Saturday. The site plan indicates the placement of a four (4) foot by eight (8) foot wall sign on the front facade of the building. Lettering will FILE NO.: Z-8728 (Cont. also be placed on the front windows not to exceed 12" by 5'6". No ground signage is proposed with the development. B. EXISTING CONDITIONS: This area contains a variety of uses. West of the site is an auto detail shop. South of the site is a pharmacy and an unmanned fueling station. East of the site are single-family and multi -family units located on East 9th and Byrd Street. There is a Regions branch bank located at the intersection of East 9th and Collins Street. To the north of the site is A & P Printing, a sign company and a hotel. Further east of the site are office and residential uses and a metal scrap yard. There is also a drive-thru liquor store. The property immediately west of this site has a bill board along the common property line with this site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational requests from area property owners. All property owners located within 200-feet of the site along with the Hanger Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. 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 if additional fire protection or metered water service is required. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow 2 ILE NO.: Z-8728 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 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. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. Fire Department: Place fire hydrants per code. Maintain access at least 20-feet wide. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near CATA Bus Route # 20 — the College Station route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAUDESIGN: Planning Division:_ This request is located in the Interstate 30 Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. The applicant has applied for a rezoning from C-3, General Commercial to PCD (Planned Commercial Development) to allow for the auto repair and sales business with outdoor sales. The site is within the Presidential Park Design Overlay District. Master Street Plan: 9th Street is a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 3 FILE NO.: Z-8728 G H 2. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. 5. Staff recommends installing two (2) interior islands that are seven and a half feet in width (7 '/z') and a minimum of one hundred fifty square feet (150) in area. These islands will also help with vehicular circulation. SUBDIVISION COMMITTEE COMMENT: (December 8, 2011) Mr. Larry Worsham was present representing the request. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff questioned the number of automobiles that would be available for sale. Staff also questioned the number of employees and the days and hours of operation. Staff questioned if there would be a dumpster located on the site. Staff also questioned if there would be any upgrades to the site including removal of paving and the installation of landscaping. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk in disrepair would require replacement prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff stated a landscape upgrade would be required if the rehabilitation of the structure exceeded fifty percent of the current replacement value of the building. Staff stated curb and gutter would be required to separate landscaped areas from parking. Staff recommended two (2) landscape islands a minimum of one hundred fifty square feet in area be installed to aid in vehicular circulation. ANALYSIS: The applicant submitted a revised response to comments raised at the December 8, 2011, Subdivision Committee meeting. The applicant has indicated no exterior improvements are being proposed with the rezoning request. The applicant has indicated all work will be interior and for the most part cosmetic repairs. The applicant has indicated no additional landscaping will be installed and there will not be a dumpster located on the site. The applicant has indicated building signage on the front fagade not to exceed 18 square feet in sign area. The front has a total fagade area of 662 square feet. Sign coverage is less than three (3) percent. No ground signage has been requested. Section 36-420 states signage in the Presidential Park DOD is allowed per the base zoning classification except for the first two floors may be allowed awning valances where appropriate but are not to exceed six (6) square 2 FILE NO.: Z-8728 (Cont. feet of the valance, neon illumination is permitted if channelized, letters can not exceed 30-inches in height and window signs may not cover more than 25 percent of each glass panel. The base zoning is C-3, General Commercial District which could allow the auto repair as a Conditional Use Permit but does not permit auto sales even as a conditional use permit. The request also includes the allowance of automobile sales. Section 36-416 states the permitted uses are all uses in the base zone classification and outdoor, on -premise, seating areas for dining in the UU areas. Although the ordinance does not specifically state all uses are to be enclosed the intent of the ordinance is that there be no outdoor display of merchandise, thus the need for the rezoning to a PCD. The applicant has indicated a maximum of five (5) automobiles will be on site for sale at any given time. The request includes the allowance of maintaining C-3, General Commercial District uses as allowable uses for the site. The building is a 50-foot by 80-foot metal building. The site has five (5) marked spaces in the front of the building. The entirety of the site is paved with the exception of a small area along the western side of the building extending to the back alley. Two (2) additional parking spaces have been used off the alley. The proposed use of the building as automotive services (service station, garages, automobile washing facilities and similar uses), typically require five (5) spaces plus one (1) space per two hundred fifty (250) square feet of gross building area. The auto repair would typically require the placement of 21 parking spaces to serve a 4,000 square foot building. Parking for the five (5) vehicles for sale is also needed. The applicant has indicated there will be a maximum of two (2) employees and all waste materials removed from the vehicles will be stored indoors. The applicant has indicated there are service bays for five (5) automobiles. Access to the building is from the rear, off the alley. The request is for automobile repair and sales. The site plan indicates a maximum of seven (7) on -site parking spaces. The applicant has indicated two (2) employees and five (5) automobiles for sale. Based on information provided by the applicant and the typical development standards for this use there is not sufficient parking to allow the use and space for customer parking. The purpose and intent of the Presidential Park Overlay is to create a quality vital atmosphere for businesses and residents. Buildings, parking areas, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. The ordinance states guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district. Although there are existing businesses in the area which have outdoor activities one being a detail shop and a scrap metal yard these uses were in place prior to 61 FILE NO.: Z-8728 (Cont. the adoption of the Presidential Park DOD. The DOD is put in place so that as properties are redeveloped they do so in a manner which is beneficial and in keeping with the Overlay standards. Based on the limited available parking and the development not being in keeping with the Presidential Park DOD staff is not supportive of the request. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (FEBRUARY 16, 2012) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of deferral of the item to the March 29, 2012, public hearing. There was no further discussion of the item. The chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (MARCH 29, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had indicated a modification to their request which would substantially change the parking requirement for the site. Staff requested a deferral of the item to the April 26, 2012, public hearing to allow staff and the applicant to meet and develop a workable parking plan for the site. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes, 1 absent and 1 recusal (Troy Laha). STAFF UPDATE: Staff met with the applicant to review the proposed amendment to the request and review the applicant's proposed parking plan. The applicant is no longer requesting to sell automobiles from the site. The request is for automobile repair only. All automobile repairs are to take place within the building. There is to be no outdoor storage of vehicle parts, waste tires, fluids or inoperable vehicles for an extended period of time. To address staffs concerns related to the redevelopment of the site the applicant has agreed to install landscaping along East 9th Street and along the eastern and western perimeter. All areas to be landscaped will require the removal of asphalt and the installation of top soil to encourage healthy growth of the newly planted material. The depth of the paved area is 45-feet from East 9th Street to the front of the building. 0 FILE NO.: Z-8728 Cont Based on the depth from the right of way to the front of the building even with the removal of the paving there is adequate room for maneuvering. Along East 9th Street there is an existing grass strip five (5) feet wide within the right of way. An additional three (3) feet of paving is to be removed from this area to increase the planting strip to eight (8) feet. Within this area one (1) tree and a minimum of eight (8) shrubs are to be installed. All shrubs are to be a minimum of 18-inches in height at the time of planting. Trees are to be a minimum of 3-inches in caliper, as measured at breast height, at the time of planting. The landscape area located within the right of way will require a franchise agreement with the City. Along the eastern perimeter the applicant is to remove a strip of asphalt to five (5) feet from the property line and twenty (20) feet in depth (north and south). Within this area the applicant is to install a minimum of six (6) shrubs. The shrubs are to be a minimum of 18-inches at the time of planting. Along this perimeter to the rear of the property there appears to be a two (2) foot landscape strip which currently contains grass. Staff recommends the applicant install shrubs within this area to enhance the site. Along the western perimeter the applicant is to remove a strip of asphalt seven (7) feet wide and twenty (20) feet in depth (north and south). Within this area the applicant is to install one (1) tree, a minimum of 3-inches in caliper, as measured at breast height, at the time of planting and eight (8) shrubs, which are to be a minimum of 18-inches at the time of planting. There are five (5) parking spaces in front of the building and there is a paved drive located along the eastern side of the building. Within this area there is room to stack four (4) automobiles. Within the shop area there appears to be room for six (6) automobiles. Along the rear of the building there is room for three (3) additional vehicles. The area behind the building is located off a functioning alley. The parking area is not paved. Staff recommends should the applicant utilize this area for parking of vehicles paving be added. In the previous analysis staff stated an automotive repair shop would require the placement of 21 parking spaces to serve the development based on the typical standards of the zoning ordinance. In the previous analysis staff had not considered the storage area within the building and did not consider the stacking of automobiles within the drive on the eastern side. There are twenty (20) parking spaces to serve the use. Based on the existing plan staff is supportive of the development. In the previous analysis staff did not address the working on vehicles outdoors or the storage of parts outside. There is to be no working on vehicles outside the building. All materials and parts are to be stored within the building. Staff recommends approval of the revised request based on the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant install the landscaping as noted above within 30 days of the adoption of the ordinance by the Little Rock Board of Directors rezoning the site to PCD. 7 FILE NO.: Z-8728 Cont. Staff recommends the area behind the building be paved if the applicant uses this area for parking of vehicles. PLANNING COMMISSION ACTION: (APRIL 26, 2012) The applicant was present. There were no registered objectors present. Staff presented the item stating they had met with the applicant to review the proposed amendment to the request and review the applicant's proposed parking plan. Staff stated the applicant was no longer requesting to sell automobiles from the site. Staff stated the request was to allow automobile repair only. Staff stated all automobile repairs were to take place within the building. Staff stated there was to be no outdoor storage of vehicle parts, waste tires, fluids or inoperable vehicles. Staff stated there was to be no working on vehicles outside the building. Staff stated to address their concerns related to the redevelopment of the site the applicant had agreed to install landscaping along East 9th Street and along the eastern and western perimeters. Staff stated based on the existing plan they were supportive of the redevelopment. Staff presented a recommendation of approval of the revised request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the applicant install the landscape as noted in the staff update within 30 days of approval of the rezoning by the Little Rock Board of Directors. Staff presented a recommendation the area behind the building be paved if the applicant used the area for parking of vehicles. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The item was placed on the Commission's Consent Agenda for approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 1.1