Loading...
HomeMy WebLinkAboutZ-3419-E Staff AnalysisFILE NO.: Z -3419-E NAME: A Cut Above Revised Short -form PCD LOCATION: Located at 302 North Shackleford Road DEVELOPER. Lynda Bowers and Associates 650 Edgewood Drive Maumelle, AR 72113 SURVEYOR: Arrow Surveying 550 Edgewood Drive, Maumelle, AR 72113 AREA: 0.42 acres Suite 592B NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: 0-3, General Office District uses, Deli/Restaurant and Beauty Salon PROPOSED ZONING: Revised PCD PROPOSED USE: 0-3, General Office District uses, Deli/Restaurant and Beauty Salon — Add C-2, Shopping Center District uses as allowable uses VARIANCESIWAIVERS REQUESTED: None requested. BACKGROUND: On November 10, 2005, the Little Rock Planning Commission denied a request to rezone the site from 0-3, General Office District and R-2, Single-family to PCD to allow the construction of a second building on the site and to utilize C-2, Shopping Center District uses as allowable uses for the site. The proposal included the development of 28,224 square feet of total land area and involved the construction of a second building on the site containing 3,444 square feet. Thirty parking spaces were proposed to serve the development. No new curb cuts were proposed as a result of the development. The existing curb cuts along Beverly Hills Drive and Shackleford Road would continue to provide access to the development. FILE NO.: Z -3419-E (Cont. The Little Rock Planning Commission reviewed a request for rezoning at their September 14, 2006, public hearing. The applicant was requesting to rezone the site from 0-3, General Office District to PCD to allow C-2, Shopping Center District uses as allowable uses on the site. During the public hearing before the Commission the applicant amended the request to limit the uses to 0-3, General Office District uses, a Deli/Restaurant and a Beauty Salon and to limit the hours of operation to 10:00 am to 8:00 pm daily. The hours of dumpster service were also limited to daylight hours. The Commission denied this request. The recommendation of denial was appealed to the Board of Directors. The Board of Directors approved the amended application request limiting the hours of operation and the proposed uses of the site on December 5, 2006, with the adoption of Ordinance No. 19,648. Ordinance No. 20,116 adopted by the Little Rock Board of Directors on June 2, 2009 allowed a modification to the PCD to extend the hours of operation for the site. The hours approved were from 6:00 am to 10:30 pm Sunday through Thursday and from 6:00 am to 11:00 pm Friday and Saturday. No other modifications to the previous approval were proposed with the request. A. PROPOSAUREQUEST/APPLICANT'S STATEMENT: The applicant is now proposing to amend the request to add C-2, Shopping Center District uses as allowable uses for the site. The building contains 3,232 square feet. The restaurant/deli occupied approximately 2,430 square feet of the building with approximately 800 square feet remaining vacant. The applicant has indicated a number of retail users have approached the owner in the past requesting to locate within the building including a cellular telephone business. There are no other modifications proposed to the previous approvals. B. EXISTING CONDITIONS: The site contains a commercial building with a restaurant occupying a portion of the building and the remainder of the space is vacant. There are commercial businesses located to the east across Shackleford Road including a grocery store and restaurants. To the west is a single-family subdivision. There is a veterinarian clinic and daycare center located to the north of the site and further north of the site is an elementary school. Northeast of the site is a large church campus. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet, all residents, who could be identified, located within 300 feet of the site and the Beverly Hills Property Owners Association were notified of the public hearing. 2 FILE NO.: Z -3419-E (Cont.) D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Pian specifies that Beverly Hills Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Additional sidewalk should be provided west of the driveway. 3. 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 site. Entergy: A fifteen foot (15) overhead utility easement is required along the northern, eastern and southern perimeters. Contact Entergy for additional information. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 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 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 development may require additional fire hydrants. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. 3 FILE NO.: Z-3419-E(Cont.) F. ISSUES/TECHNICAL/DESIGN: Plannina Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow the use of the entire site for retail and/or restaurant uses. Commercial uses are not typically allowed in the Residential Low Density category, however this is a revision to a previously approved PCD. The Walnut Valley Neighborhood Action Plan covers this location. The Community Redevelopment Goal states the need to "maintain and reinvigorate existing retail areas to provide active retail for local residents." Master Street Plan: North Shackleford Road is shown as a Collector on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, Il, or III Bikeways are not in the immediate vicinity of the development. Landsca e: No comment on the change in use of the existing building utilizing the existing parking. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Ms. Lynda Bowers was present representing the request. Staff presented an overview of the development stating the current request was to allow the entire building as a commercial or retail uses. Staff stated the building contained approximately 3,200 square feet of which a restaurant currently occupying 2,400 square feet. Staff stated the previous approval limited the remaining 800 square feet to an 0-3, General Office use or a barber/beauty shop use. Staff stated the applicant was now seeking to expand the allowed uses for the 800 square feet to a retail use as identified in the C-2, Shopping Center District. Public Works comments were addressed. Staff stated the previous approval required a dedication of right of way on Beverly Hills Drive and the construction of sidewalks along the property frontage; on Beverly Hills Drive. Staff stated the dedication nor sidewalk construction had been completed. Staff requested these improvements be completed in a timely manner. Staff stated there were no additional landscaping requirements due to the request being a change in use. Staff stated any modifications to the site and/or parking would possibly require additional landscaping to be installed. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. El FILE NO.- Z -3419-E Cont. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: A revised site plan was not required to address the issues raised at the June 10, 2010, Subdivision Committee meeting. The request is to allow this 3,232 square foot building to be used for commercial uses including the allowance of the entire building as a restaurant or multiple restaurant uses. Currently a restaurant occupies approximately 2,430 square feet of the building and approximately 800 square feet is vacant. The applicant has indicated the current user is a cellular phone dealer but does not desire to limit the use of the vacant portion of the building for this user. The request is to allow the use of the entire building for "retail uses". The applicant has indicated C-2, Shopping Center District uses are desired as allowable uses. Staff is not supportive of the request. Originally the site was zoned 0-3, General Office District with a conditional use permit to allow a beauty salon on the site. The property to the north is zoned 0-3, General Office District and the property on the corner of Mara Lynn and Shcakleford Road is zoned 0-1, Quiet Office District. The office zoning allows for a buffer between the single-family homes located to the west and Shackleford Road as well as the commercial activities located on the east side of Shackleford Road. Staff feels the requirement for the office portion of the development to allow this buffering should be maintained. In addition the site is shown as Single Family on the City's Future Land Use Plan even though the property is zoned non -residentially. In the 2006 filing the Future Land Use Plan was studied for this property and it was determined by the Commission to not allow a Plan Amendment and to maintain the Single Family designation on the Future Land Use Plan even though the commercial aspect of the development was approved. Staff feels the rezoning of the site to allow the entire site as a commercial use will potentially cause other non-commercial properties in the area to request a rezoning for their use with commercial activities. Again staff feels the residential neighborhood to the west should be protected and the commercial activities not be approved for this site. STAFF RECOMMENDATION Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Ms. Lynda Bowers was present representing the request. There were no registered objectors present. Staff presented the item stating they were not in support of allowing the site to become a commercial center. Staff stated the applicant was requesting C-2 uses but had eliminated a number of the allowed uses under this zoning district. Staff stated the applicant had removed from the request a bar, lounge or tavern, beverage FILE NO.: Z, -3419-E Cant. store, establishment of religious, charitable or philanthropic organizations, private club with dining or bar service. Staff stated the request did include the conditional uses in the C-2 zoning district excluding a carwash, high rise multi -family, multi -family dwellings and a service station with limited motor vehicle repair Ms. Lynda Bowers addressed the Commission stating the building was originally constructed as a quick shop and later turned into an insurance agency. She stated presently there was a restaurant occupying just over 2,000 square feet of the building and 800 square feet was vacant. She stated it was difficult to lease the remaining 800 square feet to an office user. She stated the desire was to allow a quiet commercial user in the space. She stated most recently a T -Mobile cellular phone store had requested to lease the space. A letter from the League of Women Voters was read into the record stating they were not in support of allowing the site to become a commercial center. The League stated the adjacent neighborhood should be protected against the nearby commercial uses and that office served as a buffer between the commercial and residential uses. There was a general discussion by the Commission and Ms. Bowers concerning the uses of the site and the open ended ness of allowing all the indicated C-2 uses. Ms. Bowers stated a number of the uses would not locate on the site because the space was to small for a number of users. The Commission questioned staff as to if there was a retail use that could be supported. Staff stated they were not willing to support a commercial development on this corner adjacent to a residential neighborhood. There was no further discussion of the item. The chair entertained a motion of approval of the item. The motion failed by a vote of 0 ayes, 7 noes and 4 absent. STAFF UPDATE: This item is being returned to the Commission by the Board of Directors to allow the applicant to more clearly define the uses proposed for the site. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) The applicant was present. There were registered objectors present. The Chair explained that the Commission's practice had been to offer the applicant a deferral of their item to a later meeting when eight (8) or fewer Commissioners were present. He stated to move an item forward with a positive recommendation the applicant had to secure six (6) positive votes regardless of the number of Commissioners present. The Chair questioned the applicant as to their desire for a deferral or if the wished to move the item forward. The applicant requested a deferral of the item to the November 4, 2010, public hearing. C FILE NO.: 2-3419-E Cont.) A motion was made to defer the item to the November 4, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. STAFF UPDATE. The applicant has provided staff with a listing of the proposed commercial uses for the entire building located at 302 North Shackleford Road. The building is currently divided into two spaces. More than one use may occupy the building at one time. The specific listing of uses is as follows: Ambulance service post; Animal clinic, enclosed; Antique shop, with repair; Bakery or confectionery shop; Bank or savings and loan office; Barber and beauty shop; Book and stationery store; Butcher shop; Camera shop; Catering, commercial; Church; Clinic, medical, dental or optical; Clothing; Community welfare or health center; Custom sewing and millinery; Drugstore or pharmacy; Duplication shop; Eating place without drive-in service; Florist slop; Food store; Furniture repair shop; Furniture store; Handicraft, ceramic, sculpture or similar art work; Hardware or sporting goods store; Health studio or spa; Hobby shop; Jewelry store; Job printing, lithographer, printing or blueprinting; Key shop; Laundromat or pickup station; Library, art gailery, museum or similar public use; Medical appliance fitting and sales; Office, general and professional; Office equipment sales and service; Optical shop; Pawnshop, regulated; Pet shop; Photography studio; School, business; Shoe repair; Studio, art, music, speech, drama, dance or other artistic endeavors; Studio, broadcasting and recording; Swimming pool sales and supply, indoor; Tailor; Travel bureau; Cabinet or woodworking shop; Glass or glazer, installation, repair and sales; Private school or kindergarten or institution for special education; School, commercial trade or craft. Staff continues to not support the request. Staff feels a portion of the building should remain as an office use. PLANNING COMMISSION ACTION- (NOVEMBER 4, 2010) Ms. Lynda Bowers was present representing the request. Staff presented the item stating the item had been returned to the Commission by the Board of Directors to allow the applicant to more specifically define the uses. Staff stated the applicant had done so and the uses were listed under the staff update in the agenda package. Staff stated they did not support the site being entirely commercial and they continued to recommend denial of the request. Ms. Bowers addressed the Commission on the merits of her request. She stated there was not a market for office use in this area. She stated the uses identified were neighborhood commercial uses. She stated the goal was to market the property and revitalize the area. Ms. Sharon Connell addressed the Commission. She stated she was the property owner and this was her retirement. She stated as a property owner she desired to reinvest in the property but to be able to do so she had to have income. She stated 7 FILE NO.' Z -3419-E Cont. without the entire building being leased then the income generated did not allow her to properly maintain the building. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the site was not a large site. She stated the applicant was requesting too many uses, a number of which could generate a great deal of traffic into the neighborhood. She stated the uses should be limited to small scale neighborhood retails uses. Ms. Mindy McArthur addressed the Commission in opposition of the request. She stated her concern was with additional foot traffic and vehicular traffic into the neighborhood. She stated the neighborhood was experiencing a crime problem. She stated with the addition of commercial uses in the building this would potentially generate additional foot traffic into the neighborhood. She stated the rezoning would leave the door open to allow for additional commercial uses to locate in the area. Ms. Bowers stated there were a number of uses which would not work in the building because of the size. She stated the City required the drive on Beverly Hills to be installed with the original approval. She stated with the approval of the PCD the City required the drive to be closed. The Commission questioned Ms. Bowers if she was willing to limit the uses of the building to a specific user. She stated she did not want to represent that she had a signed lease with a tenant and did not want to have to keep coming back to the Commission for approvals as tenants moved out. She stated she felt the listing of uses would not impact the neighborhood. There was a general discussion by the Commission concerning the proposed uses of the building and the impact on the neighborhood. The Commission questioned the uses located to the north and east of the site. Ms. Bowers stated there was a vet clinic, daycare and school located to the north. Ms. Bowers stated across Shackleford Road there were restaurants and a grocery store. A motion was made to approve the request limited to the uses identified in the staff update of the agenda write-up and subject to the conditions and all staff comments except for that of recommendation of denial. The motion carried by a vote of 7 ayes, 2 noes, 0 absent and 2 open positions. November 4, 2010 ITEM NO.: E NAME: A Cut Above Revised Short -form PCD LOCATION: Located at 302 North Shackleford Road DEVELOPER: Lynda Bowers and Associates 650 Edgewood Drive Maumelle, AR 72113 CI IR\lPvr)p Arrow Surveying 550 Edgewood Drive, Suite 592B Maumelle, AR 72113 AREA: 0.42 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 1 PCD FILE NO -3419-E FT. NEW STREET: 0 LF 0-3, General Office District uses, Deli/Restaurant and Beauty Salon Revised PCD PROPOSED USE: 0-3, General Office District uses, Deli/Restaurant and Beauty Salon — Add C-2, Shopping Center District uses as allowable uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 10, 2005, the Little Rock Planning Commission denied a request to rezone the site from 0-3, General Office District and R-2, Single-family to PCD to allow the construction of a second building on the site and to utilize C-2, Shopping Center District uses as allowable uses for the site. The proposal included the development of 28,224 square feet of total land area'and involved the construction of a second building on the site containing 3,444 square feet. Thirty parking spaces were proposed to serve the development. No new curb cuts were proposed as a result of the development. The existing curb cuts along Beverly Hills Drive and Shackleford Road would continue to provide access to the development. November 4, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z -3419-E The Little Rock Planning Commission reviewed a request for rezoning at their September 14, 2006, public hearing. The applicant was requesting to rezone the site from 0-3, General Office District to PCD to allow C-2, Shopping Center District uses as allowable uses on the site. During the public hearing before the Commission the applicant amended the request to limit the uses to 0-3, General Office District uses, a Deli/Restaurant and a Beauty Salon and to limit the hours of operation to 10:00 am to 8:00 pm daily. The hours of dumpster service were also limited to daylight hours. The Commission denied this request. The recommendation of denial was appealed to the Board of Directors. The Board of Directors approved the amended application request limiting the hours of operation and the proposed uses of the site on December 5, 2006, with the adoption of Ordinance No. 19,648. Ordinance No. 20,116 adopted by the Little Rock Board of Directors on June 2, 2009 allowed a modification to the PCD to extend the hours of operation for the site. The hours approved were from 6:00 am to 10:30 pm Sunday through Thursday and from 6:00 am to 11:00 pm Friday and Saturday. No other modifications to the previous approval were proposed with the request. A. PROPOSAUREQUEST/APPLICANT'S STATEMENT: The applicant is now proposing to amend the request to add C-2, Shopping Center District uses as allowable uses for the site. The building contains 3,232 square feet. The restaurant/deli occupied approximately 2,430 square feet of the building with approximately 800 square feet remaining vacant. The applicant has indicated a number of retail users have approached the owner in the past requesting to locate within the building including a cellular telephone business. There are no other modifications proposed to the previous approvals. B. EXISTING CONDITIONS: The site contains a commercial building with a restaurant occupying a portion of the building and the remainder of the space is vacant. There are commercial businesses located to the east across Shackleford Road including a grocery store and restaurants. To the west is a single-family subdivision. There is a veterinarian clinic and daycare center located to the north of the site and further north of the site is an elementary school. Northeast of the site is a large church campus. 2 November 4, 2010 SUBDIVISION ITEM NO.: E(Cont.)FILE NO.: Z -3419-E C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet, all residents, who could be identified, located within 300 feet of the site and the Beverly Hills Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Beverly Hills Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Additional sidewalk should be provided west of the driveway. 3. 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 site. Enter : A fifteen foot (15') overhead utility easement is required along the northern, eastern and southern perimeters. Contact Entergy for additional information. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 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 paint 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 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. 3 November 4, 2010 SUBDIVISION ITEM NO.: E Cont. FILE NO.: Z -3419-E Fire Department: The development may require additional fire hydrants, Contact the Little Rock Fire Department for additional information. Count Plannin : No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUESITECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow the use of the entire site for retail and/or restaurant uses. Commercial uses are not typically allowed in the Residential Low Density category, however this is a revision to a previously approved PCD. The Walnut Valley Neighborhood Action Plan covers this location. The Community Redevelopment Goal states the need to "maintain and reinvigorate existing retail areas to provide active retail for local residents." Master Street Plan: North Shackleford Road is shown as a Collector on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, Il, or III Bikeways are not in the immediate vicinity of the development. Landscape: No comment on the change in use of the existing building utilizing the existing parking. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Ms. Lynda Bowers was present representing the request. Staff presented an overview of the development stating the current request was to allow the entire building as a commercial or retail uses. Staff stated the building contained approximately 3,200 square feet of which a restaurant currently occupying 2,400 square feet. Staff stated the previous approval limited the remaining 800 square feet to an 0-3, General Office use or a barber/beauty shop use. Staff stated the applicant was now seeking to expand the allowed uses for the 800 square feet to a retail use as identified in the C-2, Shopping Center District. S November 4, 2010 SUBDIVISION ITEM NO.: E [Cont. FILE NO.: Z -3419-E Public Works comments were addressed. Staff stated the previous approval required a dedication of right of way on Beverly Hills Drive and the construction of sidewalks along the property frontage on Beverly Hills Drive. Staff stated the dedication nor sidewalk construction had been completed. Staff requested these improvements be completed in a timely manner. Staff stated there were no additional landscaping requirements due to the request being a change in use. Staff stated any modifications to the site and/or parking would possibly require additional landscaping to be installed. 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: A revised site plan was not required to address the issues raised at the June 10, 2010, Subdivision Committee meeting. The request is to allow this 3,232 square foot building to be used for commercial uses including the allowance of the entire building as a restaurant or multiple restaurant uses. Currently a restaurant occupies approximately 2,430 square feet of the building and approximately 800 square feet is vacant. The applicant has indicated the current user is a cellular phone dealer but does not desire to limit the use of the vacant portion of the building for this user. The request is to allow the use of the entire building for "retail uses". The applicant has indicated C-2, Shopping Center District uses are desired as allowable uses. Staff is not supportive of the request. Originally the site was zoned 0-3, General Office District with a conditional use permit to allow a beauty salon on the site. The property to the north is zoned 0-3, General Office District and the property on the corner of Mara Lynn and Shcakleford Road is zoned 0-1, Quiet Office District. The office zoning allows for a buffer between the single-family homes located to the west and Shackleford Road as well as the commercial activities located on the east side of Shackleford Road. Staff feels the requirement for the office portion of the development to allow this buffering should be maintained. In addition the site is shown as Single Family on the City's Future Land Use Plan even though the property is zoned non -residentially. In the 2006 filing the Future Land Use Plan was studied for this property and it was determined by the Commission to not allow a Plan Amendment and to maintain the Single Family designation on the Future Land Use Plan even though the commercial aspect of the development was approved. staff feels the rezoning of the site to allow the 5 November 4, 2010 ci iRniN/I.qInN ITEM NO.: E(Cont.)FILE NO.: Z -3419-E entire site as a commercial use will potentially cause other non-commercial properties in the area to request a rezoning for their use with commercial activities. Again staff feels the residential neighborhood to the west should be protected and the commercial activities not be approved for this site. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Ms. Lynda Bowers was present representing the request. There were no registered objectors present. Staff presented the item stating they were not in support of allowing the site to become a commercial center. Staff stated the applicant was requesting C-2 uses but had eliminated a number of the allowed uses under this zoning district. Staff stated the applicant had removed from the request a bar, lounge or tavern, beverage store, establishment of religious, charitable or philanthropic organizations, private club with dining or bar service. Staff stated the request did include the conditional uses in the C-2 zoning district excluding a carwash, high rise multi -family, multi -family dwellings and a service station with limited motor vehicle repair Ms. Lynda Bowers addressed the Commission stating the building was originally constructed as a quick shop and later turned into an insurance agency. She stated presently there was a restaurant occupying just over 2,000 square feet of the building and 800 square feet was vacant. She stated it was difficult to lease the remaining 800 square feet to an office user. She stated the desire was to allow a quiet commercial user in the space. She stated most recently a T -Mobile cellular phone store had requested to lease the space. A letter from the League of Women Voters was read into the record stating they were not in support of allowing the site to become a commercial center. The League stated the adjacent neighborhood should be protected against the nearby commercial uses and that office served as a buffer between the commercial and residential uses. There was a general discussion by the Commission and Ms. Bowers concerning the uses of the site and the open ended ness of allowing all the indicated C-2 uses. Ms. Bowers stated a number of the uses would not locate on the site because the space was to small for a number of users. The Commission questioned staff as to if there was a retail use that could be supported. Staff stated they were not willing to support a commercial development on this corner adjacent to a residential neighborhood. There was no further discussion of the item. The chair entertained a motion of approval of the item. The motion failed by a vote of 0 ayes, 7 noes and 4 absent. 0 November 4, 2010 SUBDIVISION EM NO.: E (Cont.) FILE NO.: Z -3419-E STAFF UPDATE: This item is being returned to the Commission by the Board of Directors to allow the applicant to more clearly define the uses proposed for the site. PLANNING COMMISSION ACTION: (SEPTEMBER 23, 2010) The applicant was present. There were registered objectors present. The Chair explained that the Commission's practice had been to offer the applicant a deferral of their item to a later meeting when eight (8) or fewer Commissioners were present. He stated to move an item forward with a positive recommendation the applicant had to secure six (6) positive votes regardless of the number of Commissioners present. The Chair questioned the applicant as to their desire for a deferral or if the wished to move the item forward. The applicant requested a deferral of the item to the November 4, 2010, public hearing. A motion was made to defer the item to the November 4, 2010, public hearing. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. STAFF UPDATE: The applicant has provided staff with a listing of the proposed commercial uses for the entire building located at 302 North Shackleford Road. The building is currently divided into two spaces. More than one use may occupy the building at one time. The specific listing of uses is as follows: Ambulance service post; Animal clinic, enclosed; Antique shop, with repair; Bakery or confectionery shop; Bank or savings and loan office; Barber and beauty shop; Book and stationery store; Butcher shop; Camera shop; Catering, commercial; Church; Clinic, medical, dental or optical; Clothing; Community welfare or health center; Custom sewing and millinery; Drugstore or pharmacy; Duplication shop; Eating place without drive-in service; Florist shop; Food store; Furniture repair shop; Furniture store; Handicraft, ceramic, sculpture or similar art work; Hardware or sporting goods store; Health studio or spa; Hobby shop; Jewelry store; Job printing, lithographer, printing or blueprinting; Key shop; Laundromat or pickup station; Library, art gallery, museum or similar public use; Medical appliance fitting and sales; Office, general and professional; Office equipment sales and service; Optical shop; Pawnshop, regulated; Pet shop; Photography studio; School, business; Shoe repair; Studio, art, music, speech, drama, dance or other artistic endeavors; Studio, broadcasting and recording; Swimming pool sales and supply, indoor; Tailor; Travel bureau; Cabinet or woodworking shop; Glass or glazer, installation, repair and sales; Private school or kindergarten or institution for special education; School, commercial trade or craft. 7 November 4, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z -3419 - Staff continues to not support the request. Staff feels a portion of the building should remain as an office use. PLANNING COMMISSION ACTION: (NOVEMBR 4, 2010) Ms. Lynda Bowers was present representing the request. Staff presented the item stating the item had been returned to the Commission by the Board of Directors to allow the applicant to more specifically define the uses. Staff stated the applicant had done so and the uses were listed under the staff update in the agenda package. Staff stated they did not support the site being entirely commercial and they continued to recommend denial of the request. Ms. Bowers addressed the Commission on the merits of her request. She stated there was not a market for office use in this area. She stated the uses identified were neighborhood commercial uses. She stated the goal was to market the property and revitalize the area. Ms. Sharon Connell addressed the Commission. She stated she was the property owner and this was her retirement. She stated as a property owner she desired to reinvest in the property but to be able to do so she had to have income. She stated without the entire building being leased then the income generated did not allow her to properly maintain the building. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the site was not a large site. She stated the applicant was requesting too many uses, a number of which could generate a great deal of traffic into the neighborhood. She stated the uses should be limited to small scale neighborhood retails uses. Ms. Mindy McArthur addressed the Commission in opposition of the request. She stated her concern was with additional foot traffic and vehicular traffic into the neighborhood. She stated the neighborhood was experiencing a crime problem. She stated with the addition of commercial uses in the building this would potentially generate additional foot traffic into the neighborhood. She stated the rezoning would leave the door open to allow for additional commercial uses to locate in the area. Ms. Bowers stated there were a number of uses which would not work in the building because of the size. She stated the City required the drive on Beverly Hills to be installed with the original approval. She stated with the approval of the PCD the City required the drive to be closed. 0 November 4, 2010 SUBDIVISION ITEM NO.: E (Cont.) FILE NO.: Z -3419-E The Commission questioned Ms. Bowers if she was willing to limit the uses of the building to a specific user. She stated she did not want to represent that she had a signed lease with a tenant and did not want to have to keep coming back to the Commission for approvals as tenants moved out. She stated she felt the listing of uses would not impact the neighborhood. There was a general discussion by the Commission concerning the proposed uses of the building and the impact on the neighborhood. The Commission questioned the uses located to the north and east of the site. Ms. Bowers stated there was a vet clinic, daycare and school located to the north. Ms. Bowers stated across Shackleford Road there were restaurants and a grocery store. A motion was made to approve the request limited to the uses identified in the staff update of the agenda write-up and subject to the conditions and all staff comments except for that of recommendation of denial. The motion carried by a vote of 7 ayes, 2 noes, 0 absent and 2 open positions. 9 FILE NO.: Z -3419-E NAME: A Cut Above Revised Short -form PCD LOCATION: Located at 302 North Shackleford Road DEVELOPER: Lynda Bowers and Associates 650 Edgewood Drive Maumelle, AR 72113 SURVEYOR: Arrow Surveying 550 Edgewood Drive, Suite 592B Maumelle, AR 72113 AREA: 0.42 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING NUMBER OF LOTS: 1 PCD FT. NEW STREET: 0 LF 0-3, General Office District uses, Deli/Restaurant and Beauty Salon Revised PCD PROPOSED USE: 0-3, General Office District uses, Deli/Restaurant and Beauty Salon — Add C-2, Shopping Center District uses as allowable uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On November 10, 2005, the Little Rock Planning Commission denied a request to rezone the site from 0-3, General Office District and R-2, Single-family to PCD to allow the construction of a second building on the site and to utilize C-2, Shopping Center District uses as allowable uses for the site. The proposal included the development of 28,224 square feet of total land area and involved the construction of a second building on the site containing 3,444 square feet. Thirty parking spaces were proposed to serve the development. No new curb cuts were proposed as a result of the development. The existing curb cuts along Beverly Hills Drive and Shackleford Road would continue to provide access to the development. FILE NC.: Z -3419-E The Little Rock Planning Commission reviewed a request for rezoning at their September 14, 2006, public hearing. The applicant was requesting to rezone the site from 0-3, General Office District to PCD to allow C-2, Shopping Center District uses as allowable uses on the site. During the public hearing before the Commission the applicant amended the request to limit the uses to 0-3, General Office District uses, a Deli/Restaurant and a Beauty Salon and to limit the hours of operation to 10:00 am to 8:00 pm daily. The hours of dumpster service were also limited to daylight hours. The Commission denied this request. The recommendation of denial was appealed to the Board of Directors. The Board of Directors approved the amended application request limiting the hours of operation and the proposed uses of the site on December 5, 2006, with the adoption of Ordinance No. 19,648. Ordinance No. 20,116 adopted by the Little Rock Board of Directors on June 2, 2009 allowed a modification to the PCD to extend the hours of operation for the site. The hours approved were from 6:00 am to 10:30 pm Sunday through Thursday and from 6:00 am to 11:00 pm Friday and Saturday. No other modifications to the previous approval were proposed with the request. A. PROPOSAUREQUEST/APPLICANT'S STATEMENT: 1-1 The applicant is now proposing to amend the request to add C-2, Shopping Center District uses as allowable uses for the site. The building contains 3,232 square feet. The restaurant/deli occupied approximately 2,430 square feet of the building with approximately 800 square feet remaining vacant. The applicant has indicated a number of retail users have approached the owner in the past requesting to locate within the building including a cellular telephone business. There are no other modifications proposed to the previous approvals. EXISTING CONDITIONS: The site contains a commercial building with a restaurant occupying a portion of the building and the remainder of the space is vacant. There are commercial businesses located to the east across Shackleford Road including a grocery store and restaurants. To the west is a single-family subdivision. There is a veterinarian clinic and daycare center located to the north of the site and further north of the site is an elementary school. Northeast of the site is a large church campus. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet, all residents, who could be identified, located within 300 feet of the site and the Beverly Hills Property Owners Association were notified of the public hearing. 2 FILE NO.: Z -3419-E Cont. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Beverly Hills Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Additional sidewalk should be provided west of the driveway. 3. 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 site. Enter : A fifteen foot (15) overhead utility easement is required along the northern, eastern and southern perimeters. Contact Entergy for additional information. Center -Point Ener : No comment received AT & T: No comment received. Central Arkansas Water: 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 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 development may require additional fire hydrants. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. K3 FILE NO.: Z -3419-E Cont. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow the use of the entire site for retail and/or restaurant uses. Commercial uses are not typically allowed in the Residential Low Density category, however this is a revision to a previously approved PCD. The Walnut Valley Neighborhood Action Plan covers this location. The Community Redevelopment Goal states the need to "maintain and reinvigorate existing retail areas to provide active retail for local residents." Master Street Plan: North Shackleford Road is shown as a Collector on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. Landscape: No comment on the change in use of the existing building utilizing the existing parking. G. SUBDIVISION COMMITTEE COMMENT: (June 10, 2010) Ms. Lynda Bowers was present representing the request. Staff presented an overview of the development stating the current request was to allow the entire building as a commercial or retail uses. Staff stated the building contained approximately 3,200 square feet of which a restaurant currently occupying 2,400 square feet. Staff stated the previous approval limited the remaining 800 square feet to an 0-3, General Office use or a barber/beauty shop use. Staff stated the applicant was now seeking to expand the allowed uses for the 800 square feet to a retail use as identified in the C-2, Shopping Center District. Public Works comments were addressed. Staff stated the previous approval required a dedication of right of way on Beverly Hills Drive and the construction of sidewalks along the property frontage on Beverly Hills Drive. Staff stated the dedication nor sidewalk construction had been completed. Staff requested these improvements be completed in a timely manner. Staff stated there were no additional landscaping requirements due to the request being a change in use. Staff stated any modifications to the site and/or parking would possibly require additional landscaping to be installed. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. 0 FILE NO.: Z -3419-E (Cont. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: A revised site plan was not required to address the issues raised at the June 10, 2010, Subdivision Committee meeting. The request is to allow this 3,232 square foot building to be used for commercial uses including the allowance of the entire building as a restaurant or multiple restaurant uses. Currently a restaurant occupies approximately 2,430 square feet of the building and approximately 800 square feet is vacant. The applicant has indicated the current user is a cellular phone dealer but does not desire to limit the use of the vacant portion of the building for this user. The request is to allow the use of the entire building for "retail uses". The applicant has indicated C-2, Shopping Center District uses are desired as allowable uses. Staff is not supportive of the request. Originally the site was zoned 0-3, General Office District with a conditional use permit to allow a beauty salon on the site. The property to the north is zoned 0-3, General Office District and the property on the corner of Mara Lynn and Shcakleford Road is zoned 0-1, Quiet Office District. The office zoning allows for a buffer between the single-family homes located to the west and Shackleford Road as well as the commercial activities located on the east side of Shackleford Road. Staff feels the requirement for the office portion of the development to allow this buffering should be maintained. In addition the site is shown as Single Family on the City's Future Land Use Plan even though the property is zoned non -residentially. In the 2006 filing the Future Land Use Plan was studied for this property and it was determined by the Commission to not allow a Plan Amendment and to maintain the Single Family designation on the Future Land Use Plan even though the commercial aspect of the development was approved. Staff feels the rezoning of the site to allow the entire site as a commercial use will potentially cause other non-commercial properties in the area to request a rezoning for their use with commercial activities. Again staff feels the residential neighborhood to the west should be protected and the commercial activities not be approved for this site. STAFF RECOMMENDATION Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 1, 2010) Ms. Lynda Bowers was present representing the request. There were no registered objectors present. Staff presented the item stating they were not in support of allowing the site to become a commercial center. Staff stated the applicant was requesting C-2 5 FILE NO.- Z :3419-E Cont. uses but had eliminated a number of the allowed uses under this zoning district. Staff stated the applicant had removed from the request a bar, lounge or tavern, beverage store, establishment of religious, charitable or philanthropic organizations, private club with dining or bar service. Staff stated the request did include the conditional uses in the C-2 zoning district excluding a carwash, high rise multi -family, multi -family dwellings and a service station with limited motor vehicle repair Ms. Lynda Bowers addressed the Commission stating the building was originally constructed as a quick shop and later turned into an insurance agency. She stated presently there was a restaurant occupying just over 2,000 square feet of the building and 800 square feet was vacant. She stated it was difficult to lease the remaining 800 square feet to an office user. She stated the desire was to allow a quiet commercial user in the space. She stated most recently a T -Mobile cellular phone store had requested to lease the space. A letter from the League of Women Voters was read into the record stating they were not in support of allowing the site to become a commercial center. The League stated the adjacent neighborhood should be protected against the nearby commercial uses and that office served as a buffer between the commercial and residential uses. There was a general discussion by the Commission and Ms. Bowers concerning the uses of the site and the open ended ness of allowing all the indicated C-2 uses. Ms. Bowers stated a number of the uses would not locate on the site because the space was to small for a number of users. The Commission questioned staff as to if there was a retail use that could be supported. Staff stated they were not willing to support a commercial development on this corner adjacent to a residential neighborhood. There was no further discussion of the item. The chair entertained a motion of approval of the item. The motion failed by a vote of 0 ayes, 7 noes and 4 absent. n ITEM NO.: 5, Z -3419-E NAME: A Cut Above Revised Short -form PCD LOCATION: located at 302 North Shackleford Road Planning Staff Comments. - 1 . omments_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 June 16, 2010. The Office of Planning and Development must receive the proof of notice no later than June 25, 2010. 2. The previous approval allowed the hours of operation from 6 am to 10:30 pm Sunday — Thursday and from 6 am to 11 pm Friday and Saturday. Will the hours of operation change? 3. Will more than one restaurant occupy the site? 4. Provide an undated survey indicating the number of parking spaces available on the site. Variance/Waivers: None requested. Public Works Conditions: 1. Due to the proposed use of the property, the Master Street Plan specifies that Beverly Hills Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Additional sidewalk should be provided west of the driveway. 3. 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 site. Entergy: A fifteen foot (15') overhead utility easement is required along the northern, eastern and southern perimeters. Contact Entergy for additional information. Center -Point Enercv: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional Item # 5. 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 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 development may require additional fire hydrants. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATH: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. PlanningDivision: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow the use of the entire site for retail and/or restaurant uses. Commercial uses are not typically allowed in the Residential Low Density category, however this is a revision to a previously approved PCD. The Walnut Valley Neighborhood Action Plan covers this location. The Community Redevelopment Goal states the need to "maintain and reinvigorate existing retail areas to provide active retail for local residents." Master Street Plan: North Shackleford Road is shown as a Collector on the plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. Landscape: No comment on the change in use of the existing building utilizing the existing parking. 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, June 16, 2010. Item # 5.