Loading...
HomeMy WebLinkAboutZ-5156-A Staff AnalysisFILE NO.: Z -5156-A NAME: Webster Shell Short -form PD -C LOCATION: 10801 West Markham Street DEVELOPER: Webster Shell 10801 West Markham Street Little Rock, AR 72211 ENGINEER: Donald Brooks Surveying 20800 Arch Street Pike Hensley, AR 72065 AREA: 0.427 Acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE Gas Station NUMBER OF LOTS: 1 FT. NEW STREET: 0 C-3, General Commercial District General Retail Uses, Gas Station PD -C Outdoor display and sale of automobiles, General Retail Uses, VARIANCESIWAIVERS REQUESTED: Waiver of right-of-way dedication to West Markham Street. FILE NO.: Z -5156-A (Cont. BACKGROUND: Ordinance No. 15,659 adopted by the Little Rock Board of Directors on April 4, 1989, rezoned the site from R-2, Single-family District to C-3, General Commercial District. The request was to rezone the site to allow the existing 20 plus year use, a gas station/car wash, to become a conforming use. A. PROPOSAL/REQUEST: The applicant currently operates a full-service gas station and garage. The applicant is requesting to continue the existing uses and be allowed to place and sell automobiles from the site. The site is currently zoned C-3, General Commercial which does not allow outdoor sales activity. The applicant has indicated the automobiles to be sold will be consignment vehicles and vehicles that have been repaired by the garage, but abandoned by their owners. The applicant has indicated space for five display vehicles on the site plan. The station manager will be in charge of all auto sales activity. The applicant has indicated the days and hours of operation will be consistent with the existing business hours. The applicant is requesting a waiver of right-of-way dedication to West Markham Street. B. EXISTING CONDITIONS: The site is located at the intersection of two principal arterials and contains a gas station with an automobile repair shop. West Markham is a four lane roadway with a left turn lane at the intersection. Shackleford Road is a four lane roadway with dual lefts at the intersection. Other uses in the area are also commercial uses. There is a strip retail center located to the east containing a self service copy business, paint store and smaller office uses. To the northeast is a self -serve gas station/quick stop shop. To the south is a restaurant and furniture store. To the west of the site is also a restaurant and to the north are restaurants and office uses. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from area residents. The Birchwood Neighborhood Association and the Beverly Hills Property Owners Association, all property owners located within 200 feet of the site and all residents who could be identified located within 300 feet of the site were notified of the Public hearing. 2 FILE NO.: Z -5156-A (Cont.) D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. In accordance with the Boundary Street Ordinance, an additional 10 -feet of right-of-way will be required on West Markham for a future right -turn lane. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Contact the Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water at 992-2438 if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a Planned Commercial Development for a used car lot at a gas station. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Birchwood — Walnut Valley Neighborhood Action Plan. The plan does not contain any goals, objectives, or action statements relative to this specific case. Lance: No comment. 3 FILE NO.: Z -5156-A G. H SUBDIVISION COMMITTEE COMMENT: (January 8, 2004) The applicant was present. Staff stated the request was to allow the sale of automobiles from the site. Staff requested additional information to complete the review of the proposed request. Staff requested the applicant locate on the site plan the location of the proposed display of automobiles and provide the number of vehicles to be placed on the site. Public Works comments were addressed. Staff requested additional right-of-way along West Markham Street to allow for a right -turn lane. The applicant stated they did not own the site and would contact the owner to determine if the dedication was a possibility. There being no further items for discussion, the Committee then forwarded the item to the full Commission for final action. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the January 8, 2004 Subdivision Committee meeting. The applicant has indicated on the site plan two locations to display automobiles for sale. The applicant has indicated along the western property line a space for the display of three (3) automobiles and along the southeast property line an area for the display of two (2) automobiles. The applicant has also indicated the days and hours of operation will be consistent with the current hours of operation for the station. The applicant is requesting a waiver of right-of-way dedication to West Markham Street. Staff is not supportive of this request. The intersection of West Markham and Shackleford Road is currently under review for improvements. The design indicates a right -turn lane for southbound traffic to increase the level of service for the intersection. With most rezonings, right-of-way is secured to allow future street widening to occur in an economically feasible manner. Staff feels the right- of-way dedication should be made to the City to allow the lane to be installed at this intersection. Staff is not supportive of the proposed request. The site is currently zoned C-3, General Commercial District and staff feels the proposed location is not best suited for a C-4, Open Display District use. The site is located at a very busy intersection of the City and allowing outdoor display of automobiles on the site could further compound the current problem of access and traffic flows. In addition, staff has concerns with potential future uses of the site by allowing the placement of automobiles and potential future requests for a more intense use of the site. 0 FILE NO.: Z -5156-A (Cont_ As stated, staff feels the proposed location is not the best location for the placement of outdoor display and/or a used car lot. Staff recommends denial of the request to allow the placement of five (5) automobiles to be offered for sale from the site. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JANUARY 29, 2004) Mr. Mike Montgomery was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial of the requested rezoning and denial of the requested waiver of right-of-way dedication. Mr. Montgomery stated he was not the property owner and was not able to dedicate the required right-of-way. He stated the site was selling 90,000 gallons per month a few years ago. He stated currently the station was selling 30,000 gallons per month. He. stated the sale of the automobiles was necessary to supplement the income of the business. He stated he would limit the number of autos to three and not place signage on the automobiles if this was the desire of the Commission. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the opposition was to open display in areas not suited for the business. Ms. Bell stated the addition of automobiles at the intersection would add stress to an already crowded intersection. Mr. Montgomery stated his lease was to expire in January of 2006. He stated once the road was widened the gas pumps adjacent to West Markham would be eliminated. There was a lengthy discussion concerning the right-of-way and if a deferral was an option. Staff stated with zoning actions typically right-of-way was secured. Staff stated if it was the desire of the Commission they could waive the right-of-way for this zoning action only, which would not eliminate the possibility of obtaining the right-of-way through some future zoning action. A motion was made to approve the proposed zoning request as amended to include limiting the automobiles to three, placing the auto's behind the building and not placing any signage on the auto's. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to waive the right-of-way dedication for this zoning action only. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 5 January 29, 2004 ITEM NO.: 5 FILE NO.: NAME: Webster Shell Short -form PD -C LOCATION: 10801 West Markham Street DEVELOPER: Webster Shell 10801 West Markham Street Little Rock, AR 72211 ENGINEER: Donald Brooks Surveying 20800 Arch Street Pike Hensley, AR 72065 AREA: 0.427 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Retail Uses, Gas Station PROPOSED ZONING: PD -C i PROPOSED USE: Outdoor display and sale of automobiles, General Retail Uses, Gas Station VARIANCES/WAIVERS REQUESTED: Waiver of right-of-way dedication to West Markham Street. January 29, 2004 SUBDIVISION ITEM NO.: 5 Cont. FILE NO.: Z -5156-A BACKGROUND: Ordinance No. 15,659 adopted by the Little Rock Board of Directors on April 4, 1989, rezoned the site from R-2, Single-family District to C-3, General Commercial District. The request was to rezone the site to allow the existing 20 plus year use, a gas station/car wash, to become a conforming use. A. PROPOSAUREQUEST: The applicant currently operates a full-service gas station and garage. The applicant is requesting to continue the existing uses and be allowed to place and sell automobiles from the site. The site is currently zoned C-3, General Commercial which does not allow outdoor sales activity. The applicant has indicated the automobiles to be sold will be consignment vehicles and vehicles that have been repaired by the garage, but abandoned by their owners. The applicant has indicated space for five display vehicles on the site plan. The station manager will be in charge of all auto sales activity. The applicant has indicated the days and hours of operation will be consistent with the existing business hours. The applicant is requesting a waiver of right-of-way dedication to West Markham Street. B. EXISTING CONDITIONS: The site is located at the intersection of two principal arterials and contains a gas station with an automobile repair shop. West Markham is a four lane roadway with a left turn lane at the intersection. Shackleford Road is a four lane roadway with dual lefts at the intersection. Other uses in the area are also commercial uses. There is a strip retail center located to the east containing a self service copy business, paint store and smaller office uses. To the northeast is a self -serve gas station/quick stop shop. To the south is a restaurant and furniture store. To the west of the site is also a restaurant and to the north are restaurants and office uses. C. NEIGHBORHOOD COMMENTS: As of this writing staff has not received any comment from area residents. The Birchwood Neighborhood Association and the Beverly Hills Property Owners Association, all property owners located within 200 feet of the site and all residents who could be identified located within 300 feet of the site were notified of the Public hearing. 4 January 29, 2004 SUBDIVISION ITEM NO.: 5 Cont. FILE NO.: Z -5156-A D. ENGINEERING COMMENTS: E. PUBLIC WORKS CONDITIONS: 1. In accordance with the Boundary Street Ordinance, an additional 10 -feet of right-of-way will be required on West Markham for a future right -turn lane. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Contact the Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water at 992-2438 if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Plannin : No comment received. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a Planned Commercial Development for a used car lot at a gas station. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Birchwood — Walnut Valley Neighborhood Action Plan. The plan does not contain any goals, objectives, or action statements relative to this specific case. Landscape: No comment. 3 January29, 2004 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z -5156-A G. SUBDIVISION COMMITTEE COMMENT: (January 8, 2004) The applicant was present. Staff stated the request was to allow the sale of automobiles from the site. Staff requested additional information to complete the review of the proposed request. Staff requested the applicant locate on the site plan the location of the proposed display of automobiles and provide the number of vehicles to be placed on the site. Public Works comments were addressed. Staff requested additional right-of-way along West Markham Street to allow for a right -turn lane. The applicant stated they did not own the site and would contact the owner to determine if the dedication was a possibility. There being no further items for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the January 8, 2004 Subdivision Committee meeting. The applicant has indicated on the site plan two locations to display automobiles for sale. The applicant has indicated along the western property line a space for the display of three (3) automobiles and along the southeast property line an area for the display of two (2) automobiles. The applicant has also indicated the days and hours of operation will be consistent with the current hours of operation for the station. The applicant is requesting a waiver of right-of-way dedication to West Markham Street. Staff is not supportive of this request. The intersection of West Markham and Shackleford Road is currently under review for improvements. The design indicates a right -turn lane for southbound traffic to increase the level of service for the intersection. With most rezonings, right-of-way is secured to allow future street widening to occur in an economically feasible manner. Staff feels the right- of-way dedication should be made to the City to allow the lane to be installed at this intersection. Staff is not supportive of the proposed request. The site is currently zoned C-3, General Commercial District and staff feels the proposed location is not best suited for a C-4, Open Display District use. The site is located at a very busy intersection of the City and allowing outdoor display of automobiles on the site could further compound the current problem of access and traffic flows. In addition, staff has concerns with potential future uses of the site by allowing the placement of automobiles and potential future requests for a more intense use of the site. C! January 29, 2004 SUBDIVISION ITEM NO.: 5 Cont. FILE NO.: Z -5156-A As stated, staff feels the proposed location is not the best location for the placement of outdoor display and/or a used car lot. Staff recommends denial of the request to allow the placement of five (5) automobiles to be offered for sale from the site. STAFF RECOMMENDATION: Staff recommends denial of the request as filed PLANNING COMMISSION ACTION: (JANUARY 29, 2004) Mr. Mike Montgomery was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial of the requested rezoning and denial of the requested waiver of right-of-way dedication. Mr. Montgomery stated he was not the property owner and was not able to dedicate the required right-of-way. He stated the site was selling 90,000 gallons per month a few years ago. He stated currently the station was selling 30,000 gallons per month. He stated the sale of the automobiles was necessary to supplement the income of the business. He stated he would limit the number of autos to three and not place signage on the automobiles if this was the desire of the Commission. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the opposition was to open display in areas not suited for the business. Ms. Bell stated the addition of automobiles at the intersection would add stress to an already crowded intersection. Mr. Montgomery stated his lease was to expire in Januaryof 2006. He stated once the road was widened the gas pumps adjacent to West Markham would be eliminated. There was a lengthy discussion concerning the right-of-way and if a deferral was an option. Staff stated with zoning actions typically right-of-way was secured. Staff stated if it was the desire of the Commission they could waive the right-of-way for this zoning action only, which would not eliminate the possibility of obtaining the right-of-way through some future zoning action. A motion was made to approve the proposed zoning request as amended to include limiting the automobiles to three, placing the auto's behind the building and not placing any signage on the auto's. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to waive the right-of-way dedication for this zoning action only. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. 5