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Z-8736-A Staff AnalysisSUBDIVISION COMNUTTEE COMMENTS FEBRUARY 22, 2012 ITEM NO.: 7. THE FLOATING LOTUS YOGA STUDIO AND DAY SPA CONDITIONAL USE PERMIT — 900 N. UNIVERSITY AVENUE. STE 4 Z-8736-A Planning Staff Comments: 1. The Bill of Assurance does not address use issues. 2. Provide signed and notarized property owner authorization. Variance/Waivers: None requested. Public Works: 1. No right-of-way dedication is required at this time. If the site is redeveloped in the future, right-of-way will be required to be dedicated to meet the Master Street Plan standards. Utilities and Fire Deoartmcnt/County Planning: Wastewater: Sewer available to this project Entergy: No comments received. Centerpoint Energy: No comment received AT&T (SBC): No comment received. Water: No Objections - All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Due to the nature of this 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 (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten (10) 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: Approved as submitted. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: The site is located on two CATA bus routes. Planning Division: No Comments. Landscape: No Comments, Other: Submit responses to staff issues and four (4) copies of a revised site plan (if required) no later than Wednesday February 29, 2012. Required notices are to be sent via certified mail to all owners of properties located within two hundred (200) feet of the site no later than Wednesday February 29, 2012. The City provided notice form must be used. Proof of notice is to be provided to staff no later than March 9, 2012. March 15, 2012 ITEM NO.: 7 FILE NO.: Z-8736-A NAME: The Floating Lotus Yoga Studio and Day Spa — Conditional Use Permit LOCATION: 900 N. University Avenue, Suite 4 OWNER/APPLICANT: LARS Land Company/Cassandra Smith PROPOSAL: A conditional use permit is requested to allow a yoga studio and day spa to occupy one bay of the multi -tenant building located on this 0-3 zoned property. SITE LOCATION: The site is located on the north side of "H" Street, west of N. University Avenue. 2. COMPATIBILITY WITH NEIGHBORHOOD: This portion of University Avenue is primarily characterized by office and institutional uses. There are a few non -office type uses located within some of the buildings in the area including a school supply store and another salon. The proposal is to allow a yoga studio and day spa within one bay of this strip center. It does not appear the proposed use will have an impact on any other properties. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Evergreen and Hillcrest Neighborhood Associations. 3. ON SITE DRIVES AND PARKING: The site contains a 54-space parking lot with access off of N. University Avenue and "H" Street. The total building area is 9,474 square feet divided into five (5) suites. The yoga studio and day spa is to occupy suite 4, which contains 1,800 square feet, requiring 9 parking spaces (1/200). That leave 45 parking spaces for the remaining uses. There appears to be sufficient parking to accommodate the uses. 4. SCREENING AND BUFFERS: No comments on this use -only issue. March 15, 2012 ITEM NO.: 7 Cont. FILE NO.: Z-8736-A 5. PUBLIC WORKS COMMENTS: 1. No right-of-way dedication is required at this time. If the site is redeveloped in the future, right-of-way will be required to be dedicated to meet the Master Street Plan standards. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comments received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received Water: No Objections - All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Due to the nature of this 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 (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten (10) 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: Approved as submitted. Maintain access at least twenty (20) foot wide. County Planning: No Comments. CATA: The site is located on two CATA bus routes. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 22, 2012) The applicant was not present. Staff presented the item and noted there were no outstanding issues. Utility and outside agency comments were noted. 4 March 15, 2012 ITEM NO.: 7 (Cont.) FILE NO.: Z-8736-A The Committee determined there were no outstanding issues and forwarded the item to the full Commission. STAFF ANALYSIS: A conditional use permit is requested to allow a yoga studio and day spa to occupy one 1,800 square foot bay of this multi -tenant, 9,474 square foot, 0-3 zoned building. The yoga studio itself is a permitted use in 0-3. The day spa aspect of the business requires the CUP. The applicant relocated to this site from another location. When she then came in to get a City privilege license for the new location, she was advised that the CUP was required. Days of activity are seven days a week with hours typically ranging from 9:00 a.m. to 8:30 p.m. at the latest. There are yoga classes at various times during the day with 10 to 15 students per class. The applicant states the yoga classes generate approximately 80% of the business' income with the spa services generating a small, part-time additional source of income. There are two to three employees. The day spa offers the typical services such as facials, body wraps, massage and herbal treatment. The two spa rooms are 100 square feet each. There appear to be no outstanding issues. The principal use, yoga studio, is permitted in 0-3. The day spa aspect is a small portion of the business, both in revenue generated and square footage used. It does not appear that the proposed use will have a negative impact on other properties in the area. Signage will consist of wall signage. The bill of assurance does not address use issues. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit to allow the yoga studio and day spa as proposed subject to compliance with the comments and conditions outlined in Sections 5 and 6 of the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 15, 2012) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the comments and conditions outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 10 ayes, 0 noes and 1 absent. 3