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HomeMy WebLinkAboutZ-4741-A Staff AnalysisMay 9, 2002 ITEM NO.: 15 Name: Address: Owner/Applicant: Area: 0.20 acres Wade Short -Form POD - Revocation 5100 "B" Street Nancy Wade/Dave and Billie O'Neal Number of Lots: 1 Current Zonin : POD Previous Zoning: R-3 STAFF REPORT: FILE NO.: Z -4741-A Ft. New Street 0 On July 3, 2001, Ordinance No. 18,519 was passed by the Board of Directors rezoning this lot from "R-3" Single Family residential to "POD". The applicant proposed to utilize a portion of the single family residence located on the site as an office for a landscaping business. 225 square feet of the residence were to be used for the office with the remaining 1,000 square feet to be utilized as a single family residence. After the POD was approved, the applicant decided not to pursue the use of the property. Dave and Billie O'Neel propose to purchase the property to be used solely as their single family residence. Acting as agents for the property owner, they have requested that the POD be revoked and the previous "R-3" Single Family zoning be restored. Section 36-548 of the Code states: (a) Causes for revocation as enforcement action. The planning commission may recommend to the board of directors that any PUD or PD approval be revoked and all building or occupancy permits be voided under the following circumstances: (1) If the applicant has not submitted a final development plan to the staff as provided in this article. Where an optional staged development plan is utilized, the board may revoke the entire preliminary plan or may revoke only that stage on which a final plan has not been submitted and approved. (2) If no building permit has been issued within the time allowed. (3) If the applicant does not adhere to the phased development schedule as stated in the approved preliminary plan. May 9, 2002 SUBDIVISION ITEM NO.: 15 (Cor NO.: Z -4741-A (4) If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Staff believes there clearly is cause for revocation of the PRD. No permits were obtained in anticipation of the landscape company occupying the site. The sign was never erected and the previously approved garage structure was not constructed. Staff believes it is appropriate to revoke the POD and restore the previous R-3 single- family zoning. The Heights/Hillcrest District Land Use Plan recommends Single Family for this site. STAFF RECOMMENDATION: Staff recommends approval of the request to revoke the POD and to restore the R-3 zoning. PLANNING COMMISSION ACTION: (MAY 9, 2002) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. 2 FILE NO.: Z -4741-A NAME: Wade - Short -Form POD LOCATION: 5100 "B" Street DEVELOPER: Nancy P. Wade 3623 Hill Road Little Rock, AR AREA: 0.20 acre ZONING: R-3 SURVEYOR: Donald W. Brooks 20620 Arch Street Pike 72205 Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: PROPOSED USE: Single Family Residential Single Family Residential/Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 5100 "B" Street from R-3 to POD in order to utilize a portion of the existing single family residence as an office for a landscaping business. The applicant also proposes to heavily landscape the property, which will serve as a sample garden for the landscape business. The applicant notes that 225 square feet of the 1,225 square foot residence will be used as an office, with the remaining 1,000 square feet utilized as a residence for the owner of the landscape business. The hours of operation for the office will be 8:00 a.m. - 5:00 p.m., Monday - Friday. There will be no off-site employees reporting to this site. The applicant notes that any customer traffic will be very low, possibly one (1) person per week on average and no customer traffic during the winter months. The applicant also notes that there will be no retail sales on the site. FILE NO.: Z -4741-A (Cont.) The proposed site plan shows a new 20 foot by 30 foot garage to be constructed near the west property line, which will replace a garage that once existed in this area. There will also be a 20 foot wide concrete drive from "B" Street to serve the garage. The applicant notes that when the new garage and drive are constructed, the existing gravel parking space at the southwest corner of the house will be removed. The proposed site plan also shows a ground -mounted sign at the southeast corner of the property. This sign will have a maximum height of three (3) feet and a maximum area of five (5) square feet. The applicant notes that the only wording on the sign will be "Arkansas Native Landscape" and the business phone number. B. EXISTING CONDITIONS: There is an existing single family residence located within the east one-half of the property. There are single family residences to the west along "B" Street, east across Van Buren Street and to the north. There is an office use across "B" Street to the south, with several other office/commercial uses scattered along Van Buren Street to the north and south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several phone calls (as a result of the posted sign) from persons requesting information on this application. The Hillcrest Neighborhood Association was notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Van Buren is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline will be required. 2. "B" Street is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the corner of "B" Street and Van Buren. 4. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. E FILE NO.: Z -4741-A (Cont.) 5. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 8. Show parking for customers and employees. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service for this property unknown. Contact Little Rock Wastewater Utility for details. Entergy: No Comment. ARKLA: No Comment received. Southwestern Bell: Please call One Call before sign construction. Water: No Comment. Fire Department: No Comment. County Planning: No Comment received. CATA: Project site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Office Development for a home-based business. The property is currently zoned R-3 Single Family. A land use plan amendment is not required as long as the primary use of the structure remains residential, the residential character of the structure is not altered, and the office space can be converted back into Single Family residential uses. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Plan: a "Blueprint" of our community. The plan contained a goal of creating a different set of guidelines with which to govern the development of Hillcrest. Under that goal the plan listed 3 FILE NO.: Z -4741-A (Cont. two objectives relevant to this case. The objective addressing residential goals was supported by the action statement calling for the development of specific standards for office usage and home occupancy businesses in Hillcrest. The next relevant objective stated that overall development goals should be used to direct specific policy for preserving the aesthetic nature of the neighborhood. Landscape Issues: No Comment. G. SUBDIVISION COMMITTEE COMMENT: (MAY 10, 2001) Jamie Wayne was present, representing the application. Staff briefly described the proposed POD and asked for some additional information on the project. Staff noted that one of the two ground -mounted signs as shown on the originally submitted site plan needed to be removed. In response to a question from staff, Mr. Wayne noted that there would be no retail sales on the property. Mr. Wayne also noted that customer traffic would be very minimal. Mr. Wayne also noted that he may wish to construct a garage near the west property line, where a garage existed previously. Staff noted that the garage needed to be shown on the site plan, and could only be used for residential purposes. The overall POD proposed was briefly discussed. Staff noted that if it were not for the sign and sample garden which would generate some customer traffic, the office could be approved administratively as a home occupation permit. After the discussion, the Committee forwarded the POD to the full Commission for resolution. H. ANALYSIS: The applicant submitted a revised site plan to staff on May 16, 2001. The revised plan addresses the issues as raised by staff and the Subdivision Committee. One (1) of the ground -mounted signs has been removed from the plan, leaving one (1) small ground -mounted sign at the southeast corner of the property. This sign will have a maximum height of three (3) feet and a maximum area of five 4 FILE NO.: Z -4741-A (Cont. (5) square feet. The sign must be set back at least five (5) feet from the property lines (after right-of-way dedication). The applicant notes that the wording on the sign will be "Arkansas Native Landscape" with the business phone number. The revised plan also shows a 20 foot by 30 foot garage to be constructed near the west property line. This garage will replace a structure which previously existed in this area. There will also be a 20 foot wide driveway from "B" Street to serve the garage. The existing gravel parking space on the property will be removed when the new driveway is constructed. The applicant notes that customer traffic will be very minimal, possibly one (1) customer per week on average, with no customer traffic during the winter months. The new driveway will provide an off-street parking space for the occasional customer. The applicant has noted that there will be no off-site employees reporting to this site. The applicant also notes that the additional right-of-way will be dedicated as required by Public Works. The applicant also agrees to a 15 percent in -lieu contribution (percentage of construction cost for the new garage and driveway) for the required street improvements. Public Works agrees to the in -lieu contribution and notes that this money may be used to install a sidewalk along Street. The applicant has done an adequate job of addressing the issues as raised during the staff and subdivision Committee review of this application. With compliance with the specific conditions as noted in paragraph I. of this report, staff feels that the proposed POD will have no adverse impact on the general area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the POD rezoning subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2. The POD zoning is for Arkansas Native Landscape only. If this business vacates the property, the site will revert entirely to single family residential use and the ground - mounted sign must be removed. 5 FILE NO.: Z -4741-A (Cont.) 3. There is to be no retail sales on the property. 4.A maximum of 225 square feet of the single family residential structure may be used as an office. 5. There are to be no off-site employees reporting to the site. 6.The maximum sign height shall be three (3) feet and the maximum sign area shall be five (5) square feet, with wording as described in paragraph H. of this report. The sign is not to be lighted. 7. The new garage structure cannot be used for storage related to the business use; only for residential purposes. 8. There is to be no outside storage of equipment or materials related to the landscape business. PLANNING COMMISSION ACTION: (MAY 31, 2001) Nancy Wade was present, representing the application. Staff asked Chairman Rector if there were any cards from citizens on this item. He responded that there was one (1) and asked Paula Lingo to address the Commission. Paula Lingo addressed the Commission and noted concern that the rezoning would allow other businesses at this location should the current landscape business vacate the site. Staff explained that the POD zoning would be for Arkansas Native Landscape only, and if this business vacates the site, the property will revert back entirely to single family and the sign will be removed. Commissioner Berry asked about the proposed sign. Staff explained that it would be approximately three (3) feet in height and 15 square feet in area, and that the sign would be on a masonry base. Nancy Wade, property owner, explained that the sign would be modeled after signs in the Quapaw Quarter area of Little Rock. Commissioner Muse asked about parking on the site. Mrs. Wade explained that a two -car driveway would be constructed when the garage structure is constructed within the west portion of the property. Commissioner Muse asked if a vehicle used for the business could be parked in the garage. Staff responded that it could. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open position. C" May 31, 2001 ITEM NO.: 6 NAME: Wade - Short -Form POD LOCATION: 5100 "B" Street T1FVF.T.[)PF.R Nancy P. Wade 3623 Hill Road Little Rock, AR AREA: 0.20 acre ZONING: R-3 FILE NO.: Z -4741-A SURVEYOR: Donald W. Brooks 20620 Arch Street Pike 72205 Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Single Family Residential PROPOSED USE: Single Family Residential/Office VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 5100 "B" Street from R-3 to POD in order to utilize a portion of the existing single family residence as an office for a landscaping business. The applicant also proposes to heavily landscape the property, which will serve as a sample garden for the landscape business. The applicant notes that 225 square feet of the 1,225 square foot residence will be used as an office, with the remaining 1,000 square feet utilized as a residence for the owner of the landscape business. The hours of operation for the office will be 8:00 a.m. - 5:00 p.m., Monday - Friday. There will be no off-site employees reporting to this site. The applicant notes that any customer traffic will be very low, possibly one (1) person per week on average and no customer traffic during the winter months. The applicant also notes that there will be no retail sales on the site. May 31, 2001 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4741-A The proposed site plan shows a new 20 foot by 30 foot garage to be constructed near the west property line, which will replace a garage that once existed in this area. There will also be a 20 foot wide concrete drive from "B" Street to serve the garage. The applicant notes that when the new garage and drive are constructed, the existing gravel parking space at the southwest corner of the house will be removed. The proposed site plan also shows a ground -mounted sign at the southeast corner of the property. This sign will have a maximum height of three (3) feet and a maximum area of five (5) square feet. The applicant notes that the only wording on the sign will be "Arkansas Native Landscape" and the business phone number. B. EXISTING CONDITIONS: There is an existing single family residence located within the east one-half of the property. There are single family residences to the west along "B" Street, east across Van Buren Street and to the north. There is an office use across "B" Street to the south, with several other office/commercial uses scattered along Van Buren Street to the north and south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several phone calls (as a result of the posted sign) from persons requesting information on this application. The Hillcrest Neighborhood Association was notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Van Buren is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 35 feet from centerline will be required. 2."B" Street is classified on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3.A 20 foot radial dedication of right-of-way is required at the corner of "B" Street and Van Buren. 4. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 2 May 31, 2001 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4741-A 5. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 8. Show parking for customers and employees. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service for this property unknown. Contact Little Rock Wastewater Utility for details. Entergy: No Comment. ARKLA: No Comment received. Southwestern Bell: Please call One Call before sign construction. Water: No Comment. Fire Department: No Comment. County Planning: No Comment received. CATA: Project site is not located on a dedicated bus route and has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Office Development for a home-based business. The property is currently zoned R-3 Single Family. A land use plan amendment is not required as long as the primary use of the structure remains residential, the residential character of the structure is not altered, and the office space can be converted back into Single Family residential uses. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Plan: a "Blueprint" of our community. The plan contained a goal of creating a 3 May 31, 2001 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4741-A different set of guidelines with which to govern the development of Hillcrest. Under that goal the plan listed two objectives relevant to this case. The objective addressing residential goals was supported by the action statement calling for the development of specific standards for office usage and home occupancy businesses in Hillcrest. The next relevant objective stated that overall development goals should be used to direct specific policy for preserving the aesthetic nature of the neighborhood. Landscape Issues: No Comment. G. SUBDIVISION COMMITTEE COMMENT: (MAY 10, 2001) Jamie Wayne was present, representing the application. Staff briefly described the proposed POD and asked for some additional information on the project. Staff noted that one of the two ground -mounted signs as shown on the originally submitted site plan needed to be removed. In response to a question from staff, Mr. Wayne noted that there would be no retail sales on the property. Mr. Wayne also noted that customer traffic would be very minimal. Mr. Wayne also noted that he may wish to construct a garage near the west property line, where a garage existed previously. Staff noted that the garage needed to be shown on the site plan, and could only be used for residential purposes. The overall POD proposed was briefly discussed. Staff noted that if it were not for the sign and sample garden which would generate some customer traffic, the office could be approved administratively as a home occupation permit. After the discussion, the Committee forwarded the POD to the full Commission for resolution. H. ANALYSIS: The applicant submitted a revised site plan to staff on May 16, 2001. The revised plan addresses the issues as raised by staff and the Subdivision Committee. 4 May 31, 2001 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4741-A One (1) of the ground -mounted signs has been removed from the plan, leaving one (1) small ground -mounted sign at the southeast corner of the property. This sign will have a maximum height of three (3) feet and a maximum area of five (5) square feet. The sign must be set back at least five (5) feet from the property lines (after right-of-way dedication). The applicant notes that the wording on the sign will be "Arkansas Native Landscape" with the business phone number. The revised plan also shows a 20 foot by 30 foot garage to be constructed near the west property line. This garage will replace a structure which previously existed in this area. There will also be a 20 foot wide driveway from "B" Street to serve the garage. The existing gravel parking space on the property will be removed when the new driveway is constructed. The applicant notes that customer traffic will be very minimal, possibly one (1) customer per week on average, with no customer traffic during the winter months. The new driveway will provide an off-street parking space for the occasional customer. The applicant has noted that there will be no off-site employees reporting to this site. The applicant also notes that the additional right-of-way will be dedicated as required by Public Works. The applicant also agrees to a 15 percent in -lieu contribution (percentage of construction cost for the new garage and driveway) for the required street improvements. Public Works agrees to the in -lieu contribution and notes that this money may be used to install a sidewalk along "B" Street. The applicant has done an adequate job of addressing the issues as raised during the staff and subdivision Committee review of this application. With compliance with the specific conditions as noted in paragraph I. of this report, staff feels that the proposed POD will have no adverse impact on the general area. I. STAFF RECOMMENDATIONS: Staff recommends approval of the POD rezoning subject to the following conditions: 5 May 31, 2001 SUBDIVISION ITEM NO.: 6 (Cont.) _ FILE NO.: Z -4741-A 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2. The POD zoning is for Arkansas Native Landscape only. If this business vacates the property, the site will revert entirely to single family residential use and the ground - mounted sign must be removed. 3. There is to be no retail sales on the property. 4. A maximum of 225 square feet of the single family residential structure may be used as an office. 5. There are to be no off-site employees reporting to the site. 6. The maximum sign height shall be three (3) feet and the maximum sign area shall be five (5) square feet, with wording as described in paragraph H. of this report. The sign is not to be lighted. 7. The new garage structure cannot be used for storage related to the business use; only for residential purposes. 8. There is to be no outside storage of equipment or materials related to the landscape business. PLANNING COMMISSION ACTION: (MAY 31, 2001) Nancy Wade was present, representing the application. Staff asked Chairman Rector if there were any cards from citizens on this item. He responded that there was one (1) and asked Paula Lingo to address the Commission. Paula Lingo addressed the Commission and noted concern that the rezoning would allow other businesses at this location should the current landscape business vacate the site. Staff explained that the POD zoning would be for Arkansas Native Landscape only, and if this business vacates the site, the property will revert back entirely to single family and the sign will be removed. Commissioner Berry asked about the proposed sign. Staff explained that it would be approximately three (3) feet in height and 15 square feet in area, and that the sign would be on a masonry base. Nancy Wade, property owner, explained that the sign would be modeled after signs in the Quapaw Quarter area of Little Rock. 6 May 31, 2001 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -4741-A Commissioner Muse asked about parking on the site. Mrs. Wade explained that a two -car driveway would be constructed when the garage structure is constructed within the west portion of the property. Commissioner Muse asked if a vehicle used for the business could be parked in the garage. Staff responded that it could. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 7 ayes, 0 nays, 3 absent and 1 open position. 7