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HomeMy WebLinkAboutZ-3826-B Staff AnalysisJune 30, 2011 ITEM NO.: 4 NAME: LOCATION: OWNER/APPLICANT PROPOSAL: E SITE LOCATION: FILE NO.: Z -3826-B H. D. Malone Funeral Home — Conditional Use Permit 9910 Chicot Road Summit Bank/Hosea D. Malone A conditional use permit is requested to allow for the use of this existing 0-1 zoned building and site for a funeral home. The site is located on the west side of Chicot Road, south of Baseline Road, across from Ember Lane. COMPATIBILITY WITH NEIGHBORHOOD: The 0-1 zoned properties adjacent to the north and south are occupied by single family residences. Single family neighborhoods extend to the west, east and north. A variety of neighborhood scale commercial uses and office uses are located along Chicot Road to the south. The applicant proposes to utilize an existing nonresidential building with an existing paved and screened parking lot for a funeral home business. Business hours are proposed as Monday through Friday 8:00 a.m. to 5:00 p.m. with most funeral services being on Saturdays. The proposed use appears to be compatible with the neighborhood. All owners of properties located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, West Baseline and Chicot Neighborhood Associations were notified of this request. At their June 6, 2011 meeting, SWLR United for Progress voted to support the application. 3. ON SITE DRIVES AND PARKING: Parking requirements for funeral homes with chapel services are one (1) parking space for every three (3) seats in the chapel area. This facility will contain a small chapel are with about 30 seats, requiring 10 parking spaces. Most funeral services will be held at other locations, such as at a church. Only small services will be held at this site. The property contains a paved parking lot with 29 parking spaces. There are two existing driveways onto Chicot road and a driveway which circles around the building. June 30, 2011 TEM NO.: 4 (Co 4. SCREENING AND BUFFERS: FILE NO.: Z -3826-B Site plan must comply with the City's landscape and buffer ordinance requirements. If the building rehabilitation exceeds fifty percent (50%) of the replacement costs then the building must comply with the landscape and buffer ordinances, as follows: The zoning buffer ordinance requires a nine -foot (9'-0") wide land use buffer along the western perimeter of the site next to the residentially zoned property. Seventy percent of this area must remain undisturbed. If there is insufficient vegetation in this area, additional landscaping will be required. The zoning buffer ordinance requires an average nine -foot (9'-0") wide street buffer along Chicot Road. Currently, the site proposes zero. Asphalt may need to be removed in conjunction with this building application. The Landscape Ordinance requires a nine -foot wide (9'-0") perimeter - landscaping strip around the site's entirety. A variance from this minimal requirement will require approval from the City Beautiful Commission prior to the issuance of a building permit. In addition to this minimal landscape area, screening is required to be a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings next to the residentially zoned properties. A franchise may be required for any/all landscaping or paving that is located within the public right-of-way. The Landscape Ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7'/z feet in width and 150 square feet in area. Proposed plan does not currently reflect this minimum The Landscape Ordinance requires a three-foot (3') wide minimum landscape strip between the parking lot(s) and the building, or in the general area. Curb and gutter or another approved border will be required to protect landscaped areas from vehicular traffic. 2 June 30,-2011 ITEM NO.: 4(Cont.)FILE NO.: Z -3826-B 5. PUBLIC WORKS COMMENTS: 1. Chicot Road is classified on the Master Street Plan as a principal arterial with alternative design standards. A dedication of right-of-way forty-five (45) feet from centerline will be required. The centerline of the Chicot Road right-of-way should be provided. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Centerpoint Energy: Approved as submitted. AT&T (SBC): No comments 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 additional fire protection or metered water service is required or regarding the size and location of the water meter. 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 PRZA, 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: Fire hydrants per code, maintain at least twenty (20) foot wide access. County Planning: No Comments. CATA: Approved as submitted. This site is located on a CATA bus route. Planning Division: No Comments. N June 30, '2011 (TEM NO.: 4 (Cont.) FILE NO.: Z -3826-B SUBDIVISION COMMITTEE COMMENT: (JUNE 9, 2011) The applicant, Hosea Malone, was present. Staff presented the item and noted additional information was needed regarding signage, any new fencing, site lighting and dumpster location. Staff asked if any additions to the building were proposed, such as a canopy. The applicant was advised to provide a copy of the bill of assurance. It was noted that no crematorium was requested and the applicant had amended the application to eliminate use of the facility for any events or meetings. Public Works and Landscape Comments were discussed. It was noted that the survey did not indicate the centerline of Chicot Road so it could not be determined if additional right-of-way was needed. It was also noted that the landscape requirements would be implemented if the remodeling of the building exceeded 50% of the building's replacement cost. The applicant was advised to respond to submit responses the issues raised by staff no later than Wednesday June 15, 2011. The Committee determined there were no other issues and forwarded the item to the full Commission. STAFF ANALYSIS: The 0-1 zoned property located at 9910 Chicot is occupied by a vacant, one-story, non-residential building and an asphalt -paved parking lot. Two driveways provide access onto Chicot Road. The applicant is requesting approval of a conditional use permit to allow use of the property for a funeral home with grief counseling office. Minor renovations will be made to accommodate the new use. The applicant proposes to "spruce -up, clean-up" the site. Any remodeling costs will be below 50% of the building's replacement value. An existing 4 ft. X 8 ft. X 10 ft. tall ground sign is located at the front of the property. The applicant will utilize that sign. Wall signage may be placed on the front facade of the building in the future. No additional site lighting is proposed. No additions will be made to the building; including no carport or canopy. No new fencing will be added. An existing 6 ft. wood privacy fence and a chain-link fence with dense vegetation are located along the perimeter of the site. No crematorium is proposed. A dumpster may be placed on the site. If one is located on the site, it will be screened to comply with ordinance standards and pick-up will be limited to daylight hours. The business will operate Monday through Friday, 8:00 a.m. to 5:00 p.m. with most funeral services being conducted on Saturdays. The building will contain only a small (30± seat) chapel. Most funeral services will be conducted off-site, such as at area churches. CI June 30,2011 ITEM NO.: 4 (Cont. FILE NO.: Z -3826-B To staff's knowledge, there are no outstanding issues. A revised survey was provided showing all required right-of-way was previously dedicated. The applicant has contacted Public Works staff to begin the process of obtaining a franchise for the existing sign. The 1983 bill of assurance for these lots permits either residential, commercial or industrial use. The proposed use of this existing nonresidential building for the indicated, small, quiet business appears to be an appropriate use. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit, subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the agenda staff report. 2. If a dumpster is placed on the property, the following conditions apply: a. Dumpster location must be approved by staff. b. The dumpster must be screened to comply with ordinance standards. c. Dumpster pick-up is to be limited to daylight hours. PLANNING COMMISSION ACTION: (JUNE 30, 2011) The applicant was present. There were two (2) objectors and one (1) supporter present. Staff presented the item and a recommendation of approval, as outlined in the "staff recommendation" above. The applicant, H. D. Malone, addressed the Commission. He stated he would make improvements to enhance the property and had received comments of support from persons in the area. Wanda Hayes, of 9910 Carrie Lane, spoke in opposition. She stated the original 0-1 zoning was supported by the neighbors with the understanding that the use would be quiet office. She expressed concern that overflow traffic from the funeral home would end up parking on neighborhood streets. She questioned where the medical waste and chemicals associated with the business would go. Commissioner Rector commented that the CUP included only a thirty (30) seat chapel and any change would have to come back to the Commission as a revision to the CUP. 61 June 30',,2011 . ITEM NO.: 4 (Cont.) FILE NO.: Z -3826-B Mr. Malone responded that most of the funerals would be held off-site. Pat Gee, Vice-president of SWLRUP, stated the organization had voted 29-1 at its June 6, 2011 meeting to support the application. She stated the building had been vacant for some time and it would be good to have a use occupy the building. In response to a question from Commissioner Brock, Mr. Malone stated all embalming would be done off-site and he would have an appropriate contract with Waste Management to properly dispose of any other waste. Commissioner Nunnley stated he had concerns about the intensity of the use. He mentioned family hours and questioned if Mr. Malone would be able to control the number of people who would show up. He asked Mr. Malone if he would commit to not holding church services in the building. Mr. Malone responded that he had spoken with several ministers and any family hours and funeral services that require much parking would be held at their churches. He stated he had 22 years of experience and was able to determine when a funeral would be expected to have a large number of attendees. He committed to not holding church services in the building. Mr. Santiago Cisneros, of 9909 Carrie Lane, spoke through his daughter and stated he was opposed. He stated he lived next door to where the funeral home was proposing to construct the new building and did not want a non-residential use next door. Dana Carney, of the Planning Staff, explained that the proposal did not include building anything new and did not include the use of the residential property adjacent to Mr. Cisneros. Ms. Hayes stated she also had concerns about future use of the residential lot. It was noted that any use of that lot was not part of this application and the property could not be used without returning to the Commission. A motion was made to approve the application, as amended to not allow church services in the building. The motion was seconded and approved by a vote of 9 ayes, 1 noe and 1 absent. n