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HomeMy WebLinkAboutZ-4189-B Staff AnalysisApril 28, 2005 ITEM NO.: 5 NAME: LOCATION: OWNER/APPLICANT: Coleman Convenience Store — Conditional Use Permit 1805 East 6th Street Henry Coleman/Travis Coleman FILE NO.: Z-418 PROPOSAL: A conditional use permit is requested to allow a convenience store in the front portion of the existing building on this 1-2 zoned property. 0. SITE LOCATION: The property is located the southeast corner of East 6th and Bender Streets. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. Single family homes are located on the R-4 and C-3 zoned properties to the east. The R-4 property to the south is vacant. A LRSD office -warehouse is located across 6th Street, to the north. A large area of 1-2 and 1-3 zoned properties extends to the west. The vacant, 1-2 property immediately to the west is being used for the storage of heavy equipment and materials. The proposed convenience store, utilizing the front 27 feet of this existing building, should be compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hanger Hill and East Little Rock Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: An existing, paved parking lot is located west of the building. Access is only from Bender Street. There may be as many as 14 to 15 parking spaces on the site, but it is somewhat difficult to determine since vehicles are parked haphazardly on the site. The applicant needs to park vehicles in an orderly manner, utilizing marked parking spaces. Four spaces near the front of the site must be marked for use by convenience store customers. Staff anticipates many of the customers may be neighborhood residents. If the on-site parking is "cleaned -up", it should be sufficient for the use. April 28, 2005 ITEM NO.: 5 Cont. FILE NO.: Z -4189-B 4. SCREENING AND BUFFERS: An upgrade in landscaping may be required if remodeling or rehabilitation of the structure exceeds fifty (50) percent of the building's current replacement cost. 5. PUBLIC WORKS COMMENTS: 1. East 6th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline will be required (special reduced standard). 2. The proposed land use would classify Bender Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from Centerline. 3. Furnish signed and notarized dedications with final Board approval of the rezoning request. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Any food preparation facilities will require installation of grease trap. Entergy: Approved as submitted. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No Comments received. County Planning: No Comments. CATH: The site is located on a CATA Bus Route. 011 April 28, 2005 ITEM NO.: 5 Cont. FILE NO.: Z -4189-B SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, uses, days and hours of operation, number of employees, site lighting and fencing. Staff noted the dumpster location and on-site parking spaces needed to be shown on the plan. Public Works, Utility and Landscape Comments were noted. Staff stated the applicant would be contacted regarding the various issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The 1-2 zoned property located at the southeast corner of East 6t" and Bender Streets is currently occupied by an auto part sales and auto repair garage business. The site contains a 50'X 105' building and a paved parking lot. The applicant proposes to utilize the front 27 foot portion of the building for a convenience store. The remainder of the building will continue to be used for the auto parts and service business. The proposed convenience store will operate 7:00 a.m. to 7:00 p.m., Monday through Saturday. Signage will consist of wall or awning signs on the building. Signage will comply with ordinance standards. The convenience store will employ two (2) persons. Any new site lighting will be shielded downward and into the site. While staff is supportive of the proposal and believe that the proposed convenience store will provide a needed service to neighborhood residents, there are a few issues that need to be addressed on the site. The applicant must clean-up the on-site parking situation. Currently, the parking lot is virtually inaccessible due to vehicles being parked haphazardly on the site. This must be addressed by parking vehicles in an orderly manner, in marked spaces. Four (4) spaces near the front of the site must be marked for use by convenience store customers. All outdoor service and work on vehicles must cease and any outdoor storage of parts must cease. This is a violation of the 1-2 zoning district criteria, which require all uses to take place within the enclosed building. The dumpster must be screened to comply with Ordinance Standards. 3 April 28, 2005 ITEM NO.: 5 (Cont. FILE NO.: Z -4189-B If these issues are addressed, staff believes the proposed convenience store will be an appropriate use on the site. The 1912 bill of assurance does not address use issues. The use is compatible with uses and zoning in the area and should provide a needed service to neighborhood residents. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow a convenience store in the front 27 feet of this existing building subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Any new site lighting must be shielded downward and into the site. 3. All outdoor service and work on vehicles and outdoor storage of parts must cease. 4. The dumpster must be screened to comply with Ordinance Standards. 5. The on-site parking must be cleaned up. The vehicles must be parked in an orderly manner, in marked spaces. Four (4) spaces at the front of the site must be marked for use by convenience store customers and the on-site driveway must remain open. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant, Mr. Coleman, was present. There were three (3) registered objectors present. The item was discussed in conjunction with items 2 and 2.1; 615 Bender Street. Staff presented the C.U.P. application and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Mr. Coleman stated he needed the property at 615 Bender Street rezoned to allow him to relocate a car sales lot from North Little Rock and to allow him to clean-up his existing parking lot and to make it more accessible. Heb stated the office for the car lot would be in the existing building at 1805 East 6t Street. Angie Weber, of 1815 East 6th Street, spoke in opposition. She discussed Mr. Coleman's property and described several problems on the site. Ms. Weber stated she did not want a convenience store next door. Ms. Weber stated Mr. Coleman needed to keep his car lot on Broadway in North Little Rock. Commissioner Meyer stated he was looking at this C.U.P. as an opportunity to get the site cleaned -up. In response to a question from Commissioner Meyer, staff stated they would investigate the site for any violations. Ruth Bell, of the League of Women Voters, spoke in opposition to the C-4 rezoning at 615 Bender. 4 April 28, 2005 ITEM NO.: 5 Cont. FILE NO.: Z -4189-B Betty Findley, of 4900 Randolph Road in North Little Rock, spoke in opposition. She stated she owned the property at 1811 East 6 h Street. She presented photographs of Mr. Coleman's property and noted several problems with the site. Staff did not receive copies of the photos. She stated she did not receive notice of the hearing. Staff responded that the notices were done correctly and Ms. Findley's notice was returned marked "undeliverable". Ms. Findley asked why no privacy fence was installed as was required in 1984. Staff responded that the issue would be investigated. She stated a used car lot was not a welcome use in the area. Mr. Coleman responded that the Findley house at 1811 East 6th Street had been vacant for about 20 years. He stated he would clean-up his site. Commissioner Meyer stated he wanted the City to enforce any violations on the property. A vote was taken on item 2, the land use plan amendment. The vote was 3 ayes, 6 noes, 1 absent and 1 abstaining (Rector). A vote was taken on the rezoning of 615 Bender Street. The vote was 5 ayes, 5 noes and 1 absent. A motion was made to approve the C.U.P. application, subject to compliance with all staff comments and conditions. The vote was 9 ayes, 0 noes, 1 absent and 1 abstaining (Adcock). W r - April 28, 2005 ITEM NO. 5 NAME: LOCATION: OWNERIAPPLICANT Coleman Convenience Conditional Use Permit 1805 East 6th Street Henry Coleman/Travis Coleman FILE Z -4189-B PROPOSAL: A conditional use permit is requested to allow a convenience store in the front portion of the existing building on this 1-2 zoned property. 2. SITE LOCATION: The property is located the southeast corner of East 6th and Bender Streets. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. Single family homes are located on the R-4 and C-3 zoned properties to the east. The R-4 property to the south is vacant. A LRSD office -warehouse is located across 6th Street, to the north. A large area of 1-2 and 1-3 zoned properties extends to the west. The vacant, 1-2 property immediately to the west is being used for the storage of heavy equipment and materials. The proposed convenience store, utilizing the front 27 feet of this existing building, should be compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hanger Hill and East Little Rock Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: An existing, paved parking lot is located west of the building. Access is only from Bender Street. There may be as many as 14 to 15 parking spaces on the site, but it is somewhat difficult to determine since vehicles are parked haphazardly on the site. The applicant needs to park vehicles in an orderly manner, utilizing marked parking spaces. Four spaces near the front of the site must be marked for use by convenience store customers. Staff anticipates many of the customers may be neighborhood residents. If the on-site parking is "cleaned -up", it should be sufficient for the use. April 28, 2005 ITEM NO.: 5 Cont. FILE NO.- Z -4189-B SUBDIVISION CQMMITTEE COMMENT: (APRIL 17, 2005) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, uses, days and hours of operation, number of employees, site lighting and fencing. Staff noted the dumpster location and on-site parking spaces needed to be shown on the plan. Public Works, Utility and Landscape Comments were noted. Staff stated the applicant would be contacted regarding the various issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The 1-2 zoned property located at the southeast corner of East 6th and Bender Streets is currently occupied by an auto part sales and auto repair garage business. The site contains a 50'X 105' building and a paved parking lot. The applicant proposes to utilize the front 27 foot portion of the building for a convenience store. The remainder of the building will continue to be used for the auto parts and service business. The proposed convenience store will operate 7:00 a.m. to 7:00 p.m., Monday through Saturday. Signage will consist of wall or awning signs on the building. Signage will comply with ordinance standards. The convenience store will employ two (2) persons. Any new site lighting will be shielded downward and into the site. While staff is supportive of the proposal and believe that the proposed convenience store will provide a needed service to neighborhood residents, there are a few issues that need to be addressed on the site. The applicant must clean-up the on-site parking situation. Currently, the parking lot is virtually inaccessible due to vehicles being parked haphazardly on the site. This must be addressed by parking vehicles in an orderly manner, in marked spaces. Four (4) spaces near the front of the site must be marked for use by convenience store customers. All outdoor service and work on vehicles must cease and any outdoor storage of parts must cease. This is a violation of the 1-2 zoning district criteria, which require all uses to take place within the enclosed building. The dumpster must be screened to comply with Ordinance Standards. 3 April 28, 2005 ITEM NO. 5 (Cont.) FILE NO.: Z -4189-B Betty Findley, of 4900 Randolph Road in North Little Rock, spoke in opposition. She stated she owned the property at 1811 East 6th Street. She presented photographs of Mr. Coleman's property and noted several problems with the site. Staff did not receive copies of the photos. She stated she did not receive notice of the hearing. Staff responded that the notices were done correctly and Ms. Findley's notice was returned marked "undeliverable". Ms. Findley asked why no privacy fence was installed as was required in 1984. Staff responded that the issue would be investigated. She stated a used car lot was not a welcome use in the area. Mr. Coleman responded that the Findley house at 1811 East 6th Street had been vacant for about 20 years. He stated he would clean-up his site. Commissioner Meyer stated he wanted the City to enforce any violations on the property. A vote was taken on item 2, the land use plan amendment. The vote was 3 ayes, 6 noes, 1 absent and 1 abstaining (Rector). A vote was taken on the rezoning of 615 Bender Street. The vote was 5 ayes, 5 noes and 1 absent. A motion was made to approve the C.U.P. application, subject to compliance with all staff comments and conditions. The vote was 9 ayes, 0 noes, 1 absent and 1 abstaining (Adcock). 5 April 28, 2005 ITEM NO.: 5 FILE NO.: Z -4189 - NAME: Coleman Convenience to --- Conditional Use Permit LOCATION: 1805 East 6th Street OWNER/APPLICANT: Henry Coleman/Travis Coleman PROPOSAL: A conditional use permit is requested to allow a convenience store in the front portion of the existing building on this 1-2 zoned property. 2. SITE LOCATION: The property is located the southeast corner of East 6th and Bender Streets. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in an area of mixed zoning and uses. Single family homes are located on the R-4 and C-3 zoned properties to the east. The R-4 property to the south is vacant. A LRSD office -warehouse is located across 6th Street, to the north. A large area of 1-2 and 1-3 zoned properties extends to the west. The vacant, 1-2 property immediately to the west is being used for the storage of heavy equipment and materials. The proposed convenience store, utilizing the front 27 feet of this existing building, should be compatible with uses and zoning in the area. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Hanger Hill and East Little Rock Neighborhood Associations were notified of this request. 3. ON SITE DRIVES AND PARKING: An existing, paved parking lot is located west of the building. Access is only from Bender Street. There may be as many as 14 to 15 parking spaces on the site, but it is somewhat difficult to determine since vehicles are parked haphazardly on the site. The applicant needs to park vehicles in an orderly manner, utilizing marked parking spaces. Four spaces near the front of the site must be marked for use by convenience store customers. Staff anticipates many of the customers may be neighborhood residents. If the on-site parking is "cleaned -up", it should be sufficient for the use. April 28, 2005 ITEM NO.: 5 (Contj FILE NO.: Z -4189-B 4. SCREENING AND BUFFERS: An upgrade in landscaping may be required if remodeling or rehabilitation of the structure exceeds fifty (50) percent of the building's current replacement cost. 5. PUBLIC WORKS COMMENTS: 1. East 6th Street is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline will be required (special reduced standard). 2. The proposed land use would classify Bender Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from Centerline. 3. Furnish signed and notarized dedications with final Board approval of the rezoning request. 6. UTILITY FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Any food preparation facilities will require installation of grease trap. Entergy: Approved as submitted. CenterPoint Energy: Approved as submitted. Southwestern Bell: No Comments received. Water: Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No Comments received. County Planning: No Comments. CATH: The site is located on a CATA Bus Route. 2 April 28, 2005 ITEM NO.: FILE NO.: Z -4189-B SUBDIVISION COMMITTEE COMMENT: (APRIL 17, 2005) The applicant was not present. Staff presented the item and noted additional information was needed regarding signage, uses, days and hours of operation, number of employees, site lighting and fencing. Staff noted the dumpster location and on-site parking spaces needed to be shown on the plan. Public Works, Utility and Landscape Comments were noted. Staff stated the applicant would be contacted regarding the various issues. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: The 1-2 zoned property located at the southeast corner of East 6th and Bender Streets is currently occupied by an auto part sales and auto repair garage business. The site contains a 50'X 105' building and a paved parking lot. The applicant proposes to utilize the front 27 foot portion of the building for a convenience store. The remainder of the building will continue to be used for the auto parts and service business. The proposed convenience store will operate 7:00 a.m. to 7:00 p.m., Monday through Saturday. Signage will consist of wall or awning signs on the building. Signage will comply with ordinance standards. The convenience store will employ two (2) persons. Any new site lighting will be shielded downward and into the site. While staff is supportive of the proposal and believe that the proposed convenience store will provide a needed service to neighborhood residents, there are a few issues that need to be addressed on the site. The applicant must clean-up the on-site parking situation. Currently, the parking lot is virtually inaccessible due to vehicles being parked haphazardly on the site. This must be addressed by parking vehicles in an orderly manner, in marked spaces. Four (4) spaces near the front of the site must be marked for use by convenience store customers. All outdoor service and work on vehicles must cease and any outdoor storage of parts must cease. This is a violation of the 1-2 zoning district criteria, which require all uses to take place within the enclosed building. The dumpster must be screened to comply with Ordinance Standards. 3 April 28, 2005 1 1MUTAltHON FILE NO.: Z -4189-B If these issues are addressed, staff believes the proposed convenience store will be an appropriate use on the site. The 1912 bill of assurance does not address use issues. The use is compatible with uses and zoning in the area and should provide a needed service to neighborhood residents. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow a convenience store in the front 27 feet of this existing building subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in Sections 4, 5 and 6 of the staff report. 2. Any new site lighting must be shielded downward and into the site. 3. All outdoor service and work on vehicles and outdoor storage of parts must cease. 4. The dumpster must be screened to comply with Ordinance Standards. 5. The on-site parking must be cleaned up. The vehicles must be parked in an orderly manner, in marked spaces. Four (4) spaces at the front of the site must be marked for use by convenience store customers and the on-site driveway must remain open. PLANNING COMMISSION ACTION: (APRIL 28, 2005) The applicant, Mr. Coleman, was present. There were three (3) registered objectors present. The item was discussed in conjunction with items 2 and 2.1; 615 Bender Street. Staff presented the C.U.P. application and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. Mr. Coleman stated he needed the property at 615 Bender Street rezoned to allow him to relocate a car sales lot from North Little Rock and to allow him to clean-up his existing parking lot and to make it more accessible. Heb stated the office for the car lot would be in the existing building at 1805 East 6t Street. Angie Weber, of 1815 East 6th Street, spoke in opposition. She discussed Mr. Coleman's property and described several problems on the site. Ms. Weber stated she did not want a convenience store next door. Ms. Weber stated Mr. Coleman needed to keep his car lot on Broadway in North Little Rock. Commissioner Meyer stated he was looking at this C.U.P. as an opportunity to get the site cleaned -up. In response to a question from Commissioner Meyer, staff stated they would investigate the site for any violations. Ruth Bell, of the League of Women Voters, spoke in opposition to the C-4 rezoning at 615 Bender. 4 April 28, 2005 ITEM NO.: 5 Cont.) FILE NO.: Z -4189-B Betty Findley, of 4900 Randolph Road in North Little Rock, spoke in opposition. She stated she owned the property at 1811 East 6th Street. She presented photographs of Mr. Coleman's property and noted several problems with the site. Staff did not receive copies of the photos. She stated she did not receive notice of the hearing. Staff responded that the notices were done correctly and Ms. Findley's notice was returned marked "undeliverable". Ms. Findley asked why no privacy fence was installed as was required in 1984. Staff responded that the issue would be investigated. She stated a used car lot was not a welcome use in the area. Mr. Coleman responded that the Findley house at 1811 East 6th Street had been vacant for about 20 years. He stated he would clean-up his site. Commissioner Meyer stated he wanted the City to enforce any violations on the property. A vote was taken on item 2, the land use plan amendment. The vote was 3 ayes, 6 noes, 1 absent and 1 abstaining (Rector). A vote was taken on the rezoning of 615 Bender Street. The vote was 5 ayes, 5 noes and 1 absent. A motion was made to approve the C.U.P. application, subject to compliance with all staff comments and conditions. The vote was 9 ayes, 0 noes, 1 absent and 1 abstaining (Adcock). 5