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HomeMy WebLinkAboutZ-4422-B Staff AnalysisJanuary 10, 1995 ITEM NO.: E FILE NO-: Z-4422-8 NAME: MARKHAM PLAZA SHOPPING CENTER -- AMENDED SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: On the south side of W. Markham St., approximately 300 feet west of Meadowbrook Dr. DEVELOPER: Donald Kirk KIRK PROPERTIES 9821A W. Markham St. Little Rock, AR 72205 221-0303 AREA• 2.28 ACRES ZONING• PCD PLANNING DISTRICT: 2 CENSUS TRACT: 22.05 NUMBER OF LOTS: 1 FT. NEW STREET: VARIANCES REQUESTED: None BACKGROUND AND PROPOSAL: PROPOSED USES: Shopping Center A request for a rezoning from C-3 and R-2 was heard by the Planning Commission on April 9, 1985, and a recommendation for approval was forwarded to the Board of Directors. The Board of Directors established the PCD on May 7, 1985 in Ordinance No. 14,876. The approved site plan required a fence along the entire length of the west property line, and landscaping along the south and southeast property lines and at the southeast corner of the building. Since the PCD was approved the zoning and use of the property abutting the west property line has changed, and there is C-3 zoning along the north 200 feet ± of the west property line. Over the years, the landscaping has deteriorated along the south property line, and has been removed at the southeast property line and at the southeast corner of the building. The Zoning Enforcement staff notified the applicant that the site is not in conformance with the approved site plan, and the applicant proposes that, in lieu of reinstalling the fence and landscaping according to the approved site plan, he would seek approval: 1) to omit the fence where the site abuts C-3 zoning; 2) to omit the landscaping at the southeast property line and at the southeast corner of the building; and, 3) to leave the existing landscaping along the south property line "as is". January 10, 1995 SUBDIVISION ITEM NO_.: E (Continued) FILE NO.: Z -4422-B The applicant states that owners of property to the west use his property for access to the rear of their buildings; that the telephone company would, if the fence were reinstalled, loose access to their junction box which is immediately west of the property line; and that access to his property to the fire hydrant, which is immediately west of the property line, would be lost. The applicant states that there are large oak trees and pine trees along the south property line which have hampered the growth of the required plantings; that the required plantings have been installed twice, and that they have died both times. The applicant states that due to a drainage problem, the landscape buffer at the southeast property line must be eliminated, and that trucks turning have encroached into this area. The area has, consequently, been paved. The applicant states that, due to trucks turning, the landscape area at the southeast corner of the rear building, has been eliminated. A. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors is requested for an amendment to the approved PCD for approval of a revised site plan which eliminates a portion of the fence located along the west property line and eliminates certain landscaping requirements which were required as part of the originally approved site plan. B. EXISTING CONDITIONS: The site is fully developed. The zoning to the west is C-3. The remainder of the area, to the east, south, and across W. Markham St. to the north, is R-2. C. ENGINEERING/UTILITY COMMENTS: Public Works comments that there are apparently no Public Works issues to resolve. Water Works has no objection to the item. Wastewater comments that sewer is available, and no adverse effect is anticipated. Arkansas Power and Light Co. comments that a 15 foot easement will be required along the west boundary of the site, along the property north -south line at the southeast corner of the tract, and extending northward from this line between the two buildings out to Markham St. 2 January 10, 1995 SUBDIVISION ITEM NO.: E Continued FILE NO.: B Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department comments that all interior driveways must be maintained with a minimum width of 201. Landscape review comments that an 8 foot high wall or wooden fence must be provided around 3 sides of both dumpsters. At the time this site was developed the Landscape Ordinance required a 4' wide landscape strip along the western and eastern site perimeters. Unless a platted access easement is provided along the western driveway area, the western landscape strip will be required by the Landscape Ordinance. Five trees are required in the landscape islands within the parking area, and additional evergreen screening shrubs within the landscape strip along Markham St. are required by the Landscape Ordinance. City Beautiful Commission approval would be required to delete the Landscape Ordinance requirements. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The area to the west has developed as a commercial use area, and the fence in the area which abuts the C-3 zoned land is not required at this time. There are landscaping issues to be resolved, as cited above. E. ANALYSIS: The requirements of the current Landscape Ordinance will require installation of landscaping in certain areas, as noted above. The proximity of residential uses to the south and east make proper buffering important. F. STAFF RECOMMENDATIONS: Staff recommends deleting the fence requirement property abuts C-3 land, but recommends denial request to leave the site landsd'aping "as is recommends that the landscaping be installed as the Landscape Ordinance. 3 where the of the Staff required by January 10, 1995 SUBDIVISION ITEM NO.: E Continued FILE ND.: Z-422 S SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 10, 1994) No one was present to represent the applicant. Other than a brief review of the proposal by staff, there was no discussion, and the Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (NOVEMBER 29, 1994) Staff presented the request; however, the applicant nor anyone to represent him was present. A motion was made and seconded to defer the item until the January 10, 1995 hearing dated, and the motion carried with the vote of 8 ayes, 0 nays, 3 absent, and 0 abstentions. PLANNTNG COMMISSION ACTION: (JANUARY 10, 1995) Mr. Donald Kirk, the applicant, was present. Staff outlined the status of the request as being deferred, and noted that the item was brought to the Planning Commission as a result of a zoning Enforcement action. Staff noted that the landscaping on the site does not comply with the approved site Plan, as approved by the Commission when the PCD was established, and that the fence along the west property lane which was shown on the original site plan has been removed. Staff recommended that the fence along the west property line not be required to be installed, since the abutting properties are zoned C-3, but recommended that the landscape on the site, especially the buffer along the south and at the southeast property lines, be reinstalled. Mr. Kirk indicated that he would meet with Bob Brown of the Neighborhoods and Planning staff to get the landscaping requirements, and that he would comply with the requirements. Bob Brawn, with the Neighborhoods and Planning staff, indicated that there would be a requirement to provide the landscaping buffer along the west property line, as well as to reinstall and upgrade landscaping within the site. A motion was made and seconded to recommend approval of the Amended PCD, with the condition that the landscaping be upgraded as required by Bob Brown, with the Neighborhoods and Planning staff, and the motion carried with the vote of 11 ayes, 0 nays, 0 absent, and 0 abstentions. 4 January 10, 1995 ITEM NO.: E FILE NO • Z -4422-B NAME: MARKHAM PLAZA SHOPPING CENTER -- AMENDED SHORT -FORM PLANNED COMMERCIAL DEVELOPMENT LOCATION: On the south side of W. Markham St., approximately 300 feet west of Meadowbrook Dr. DEVELOPER: Donald Kirk KIRK PROPERTIES 9821A W. Markham St. Little Rock, AR 72205 221-0303 AREA: 2.28 ACRES ZONING: PCD PLANNING DISTRICT: 2 CENSUS TRACT: 22.05 NUMBER OF LOTS: 1 FT. NEW STREET: 0 PROPOSED USES: Shopping Center VARIANCES REQUESTED: None BACKGROUND AND PROPOSAL: A request for a rezoning from C-3 and R-2 was heard by the Planning Commission on April 9, 1985, and a recommendation for approval was forwarded to the Board of Directors. The Hoard of Directors established the PCD on May 7, 1985 in Ordinance No. 14,876. The approved site plan required a fence along the entire length of the west property line, and landscaping along the south and southeast property lines and at the southeast corner of the building. Since the PCD was approved the zoning and use of the property abutting the west property line has changed, and there is C-3 zoning along the north 200 feet ± of the west property line. Over the years, the landscaping has deteriorated along the south property line, and has been removed at the southeast property line and at the southeast corner of the building. The Zoning Enforcement staff notified the applicant that the site is not in conformance with the approved site plan, and the applicant proposes that, in lieu of reinstalling the fence and landscaping according to the approved site plan, he would seek approval: 1) to omit the fence where the site abuts C-3 zoning; 2) to omit the landscaping at the southeast property line and at the southeast corner of the building; and, 3) to leave the existing landscaping along the south property line "as is". January 10, 1995 SUBDIVISION ITEM NO.: E (Continued) FILE NO.: Z -4922-H The applicant states that owners of property to the west use his property for access to the rear of their buildings; that the telephone company would, if the fence were reinstalled, loose access to their junction box which is immediately west of the property line; and that access to his property to the fire hydrant, which is immediately west of the property line, would be lost. The applicant states that there are large oak trees and pine trees along the south property line which have hampered the growth of the required plantings; that the required plantings have been installed twice, and that they have died both times. The applicant states that due to a drainage problem, the landscape buffer at the southeast property line must be eliminated, and that trucks turning have encroached into this area. The area has, consequently, been paved. The applicant states that, due to trucks turning, the landscape area at the southeast corner of the rear building, has been eliminated. A. PROPOSAL RE UEST: Review by the Planning Commission and approval by the Board of Directors is requested for an amendment to the approved PCD for approval of a revised site plan which eliminates a portion of the fence located along the west property line and eliminates certain landscaping requirements which were required as part of the originally approved site plan. B. EXISTING CONDITIONS: The site is fully developed. The zoning to the west is C-3. The remainder of the area, to the east, south, and across W. Markham St. to the north, is R-2. C. ENGINEERING UTILITY COMMENTS: Public Works comments that there are apparently no Public Works issues to resolve. Water Works has no objection to the item. Wastewater comments that sewer is available, and no adverse effect is anticipated. Arkansas Power and Light Co. comments that a 15 foot easement will be required along the west boundary of the site, along the property north -south line at the southeast corner of the tract, and extending northward from this line between the two buildings out to Markham St. 2 January 10, 1995 SUBDIVISION ITEM NO.: E Continued FILE NO_ Z 4422-B Arkansas Louisiana Gas Co., approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department comments that all interior driveways must be maintained with a minimum width of 201. Landscape review comments that an 8 foot high wall or wooden fence must be provided around 3 sides of both dumpsters. At the time this site was developed the Landscape Ordinance required a 4' wide landscape strip along the western and eastern site perimeters. Unless a platted access easement is provided along the western driveway area, the western landscape strip will be required by the Landscape Ordinance. Five trees are required in the landscape islands within the parking area, and additional evergreen screening shrubs within the landscape strip along Markham St. are required by the Landscape Ordinance. City Beautiful Commission approval would be required to delete the Landscape Ordinance requirements. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The area to the west has developed as a commercial use area, and the fence in the area which abuts the C-3 zoned land is not required at this time. There are landscaping issues to be resolved, as cited above. E. ANALYSIS: The requirements of the current Landscape Ordinance will require installation of landscaping in certain areas, as noted above. The proximity of residential uses to the south and east make proper buffering important. F. STAFF RECOMMENDATIONS: Staff recommends deleting the fence requirement Property abuts C-3 land, but recommends denial request to leave the site landscaping "as is,,. recommends that the landscaping be installed as the Landscape Ordinance. 3 where the of the Staff required by January 10, 1995 SUBDIV151ON ITEM NQ-: E Continued FILE NO.: Z -4422-B BDIVISION COMMITTEE COMMENT: (NOVEMBER 10, 1994) No one was present to represent the applicant. Other than a brief review of the proposal by staff, there was no discussion, and the Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (NOVEMBER 29, 1994) Staff presented the request; however, the applicant nor anyone to represent him was present. A motion was made and seconded to defer the item until the January 10, 1995 hearing dated, and the motion carried with the vote of 8 ayes, 0 nays, 3 absent, and 0 abstentions. PLANNING COMMISSION -ACTION: (JANUARY 10, 1995) Mr. Donald Kirk, the applicant, was present. Staff outlined the status of the request as being deferred, and noted that the item was brought to the Planning Commission as a result of a Zoning Enforcement action. Staff noted that the landscaping on the site does not comply with the approved site plan, as approved by the Commission when the PCD was established, and that the fence along the west property line which was shown on the original site plan has been removed. Staff recommended that the fence along the west property line not be required to be installed, since the abutting properties are zoned C-3, but recommended that the landscape on the site, especially the buffer along the south and at the southeast property lines, be reinstalled. Mr. Kirk indicated that he would meet with Bob Brown of the Neighborhoods and Planning staff to get the landscaping requirements, and that he would comply with the requirements. Bob Brown, with the Neighborhoods and Planning staff, indicated that there would be a requirement to provide the landscaping buffer along the west property line, as well as to reinstall and upgrade landscaping within the site. A motion was made and seconded to recommend approval of the Amended PCD, with the condition that the landscaping be upgraded as required by Bob Brown, with the Neighborhoods and Planning staff, and the motion carried with the vote of 11 ayes, 0 nays, 0 absent, and 0 abstentions. 4 ITEM: LOCATION: REQUEST: °fie the Ci t sotzth Y paha �x� x s'edgewo�aan�laxkh� SOURCE; C x�gze pub c a.Z� r t❑ M , STAFF REPORT: �� �a xxe staff x2gt�t�t�o� AS part Ofa2 staff reviewea the Ci tPx-p�� Z-4422-8 aver, The adopted P�a�� so the existing us a� � �� -x, a P "C_31r general Commer � 1� Z Sal.VV �� Ia ed to the east Of the ce`a Plan. mer �r X� a� h � ng2e the � 'to-z* Deve 2 i pzZ A zng A02,C any jx ani t ope Since the conditzorxs a Use o t nt believes that it wouldarm .i s axe❑ the -re r aid he he ha . n 'lot is .z pattern to reflect the �n�aly r,CA . � a� reCagn1 zd ge Ohur t v� z a t not on the e. TAFF s - toxi-kel RECOMMg�}ATI N: at ch nge t0 Chan APProval he adoP o, u to f se