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HomeMy WebLinkAboutZ-5377-B Staff AnalysisApril 30, 2009 ITEM NO.: D NAME: 16719 Cantrell Road Revised Short -form POD LOCATION: Located at 16719 Cantrell Road DEVELOPER: Richard Organ c/o Susan Parke Coldwell Banker Commercial, Hathaway Group 2100 Riverdale, Suite 100 Little Rock, AR 72202 ENGINEER/SURVEYOR: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.41 acres NUMBER OF LOTS: 1 CURRENT ZONING: PD -O ALLOWED USES: General and Professional Office PROPOSED ZONING: PD -O FILE NO.: Z -5377-B FT. NEW STREET: 0 LF PROPOSED USE: General and Professional Office—Add Medical Office as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 16,339 adopted by the Little Rock Board of Directors on January 19, 1993, rezoned the property located at 16719 Cantrell Road from R-2, Single-family District to POD. The rezoning allowed an existing residential structure to be used as an office for an accounting firm. The property was occupied by a church, through the issuance of a conditional use permit, prior to the Board approving the POD zoning for April 30, 2009 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: Z -5377-B the accounting firm. The office user maintain the drives and parking as installed by the church. General and professional office uses were identified as allowable alternative uses for the property. A. PROPOSAUREQUEST: The property located at 15719 Cantrell Road is currently under contact for sale to a medical user who plans to locate his practice at this location. The site contains a 3,100 square foot house which has been converted to an office use. The applicant is not proposing any changes to the exterior of the structure or the current parking layout. The face of the existing ground mounted sign will be replaced to identify the new tenant. Building signage will comply with building signage allowed in office zones. A Bill of Assurance for the Subdivision dated August 3, 1966, states no lot shall be used except for residential purposes. The term of the Bill of Assurance is to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the date of recording, after which time, said covenants shall be automatically extended for successive periods of 10 years, unless a written instrument be signed and acknowledged by persons, firms or corporations owning 50 percent or more of the lots. B. EXISTING CONDITIONS: C There are three (3) former residences located at the southeast corner of Cantrell Road and South Katillus Road all have been converted to a non-residential use. The property being considered is the middle structure. East of the proposed rezoning lot is a beauty salon and west is an office user. South of the site is a newly developing patio home subdivision, Montagne Court. The subdivision is enclosed with an eight foot wood fence adjacent to this site. Further east of the site is a newly developing office park with four (4) office buildings and further east is a new elementary school currently under construction. To the northwest is the Ranch Development, containing a mixture of office and commercial uses. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. The Coalition of West Little Rock Neighborhoods, the Montagne Court Property Owners Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the proposed development were notified of the public hearing. 2 April 30, 2009 SUBDIVISION ITEM NO.: D (Cont D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: FILE NO_: Z -5377-B 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Public Works comments related to the approval dated January 19, 1993, required the placement of a sidewalk along the property frontage. This requirement has not been met. Sidewalks with appropriate handicap ramps are required along Highway 10 in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan and must be installed with the current approval request. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property- Entergy: roperty. Enter : No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. 3 April 30, 2009 SUBDIVISION ITEM NO.: D FILE NO.: Z -5377-B CATA: The site is located on CATA Bus Route #25—the Highway 10 Express Route. F. ISSUES/TECHNICAL/DESIGN: Plannina Division: This request is located in the Chenal Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a revised Planned Office Development to allow an additional office use within the existing structure. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Cantrell Road may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in this area. Neighborhood Action_Plan: This area is not covered by a Neighborhood Action Plan, Landscape: 1. Any new construction on the site must comply with the Citys landscape and buffer ordinance and the Highway 10 Design Overlay District requirements. G. SUBDIVISION COMMITTEE COMMENT: (February 26, 2009) Mr. Joe White and Ms. Susan Parke were present representing the applicant. Staff presented the item stating there were a number of issues related to the site plan in need of addressing prior to the Commission acting on the request. Staff stated the front and rear parking areas as proposed encroached into the landscape strips as typically required by the Highway 10 Design Overlay District. Staff also stated the rear parking lot did not comply with the typical standards to allow 60 feet of depth for a parking lot containing two rows of parking. Staff stated the indicated back out along the western perimeter encroached into the 25 -foot landscape strip required per the Highway 10 DOD but also encroached into the 9 foot landscape strip required by the landscape ordinance. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk should be repaired prior to the issuance of a certificate of occupancy. 12 April 30, 2009 SUBDIVISION ITEM NO.: ❑ Cont. FILE NO.: Z -5377-B Staff also stated measures to control storm water drainage should be implemented to not cause damage onto adjacent property for the increased impervious surface. Landscaping comments were noted. Staff stated screening was required along the southern perimeter. Staff stated if the applicant intended to utilize the fence currently in place associated with the Montagne Court Subdivision, a waiver of the screening requirements would need to be approved by the Commission. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant amended the application request and site plan based on comments raised at the Subdivision Committee meeting held on February 26, 2009. The current request is to utilize the site as it exists today without the addition of parking within the front yard or rear yard areas. The only modification to the previously approved POD is to add a medical office use as an allowable use for the property. The approved uses will maintain general and professional office uses as allowable uses. The Future Land Use Plan indicates the area as Transition which allows office as an appropriate use. The existing building closely conform to the Highway 10 Overlay requirements with the exception of two parking spaces in the front yard area which intrudes into the 40 foot landscape strip as typically required by the Overlay. In staffs opinion this is not a significant intrusion since the parking spaces exists and there is a large front yard area that is void of physical improvements. The parking area has been landscaped around the perimeter to screen the spaces. The previous approval indicated a sidewalk was to be constructed on the property frontage along Cantrell Road. To date the sidewalk has not been installed. As noted in the Public Works comments above the required sidewalk must be installed prior to the issuance of a certificate of occupancy for the new business. The following is a summary of the Highway 10 Design Overlay District requirements and the applicants proposal related to each item: Highway 10 DOD Requirements: Applicants proposal: Lot size. There shall be a minimum I The area proposed for development is an development tract size of not less than existing 0.41 acre lot. The lot was created 5 April 30, 2009 SUBDIVISION ITEM NO.: D [Cont. two (2) acres. Front yard. All principal and accessory buildings or structures are required to have a one -hundred -foot building setback from the property line abutting Highway 10. FILE NO.: Z -5377-B prior to the adoption of the hignway iu DOD. The building exists. The building is set at 55.1 feet from the front property line. Rear yard. Rear yard shall not be less ` The building has been constructed in than forty (40) feet. excess of the 40 -foot rear yard setback. Side yard. Side yard shall not be less than thirty (30) feet. Landscaping treatment. Landscaped areas shall attempt to incorporate existing on-site trees and shrubbery into the landscaping scheme and the plans shall indicate such incorporation. Landscaped areas sprinkler systems materials. The building exists. The side yard setbacks are less than the typical 30 -foot minimum. No modifications to the site are proposed. All existing trees and shrubs are to remain. shall have water The landscaping exists. No to maintain plant I proposed. upgrade is Erosion retardant vegetation shall be used All erosion controls of the City will be on all cuts and fills. followed. Tree species to be planted within this corridor should be consistent with other species present. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Alternative screening methods and designs must be approved by the plans review specialist. N No modifications to the site are proposea. All existing trees and shrubs are to remain. The site is a developed site. The front yard landscaped area contains 40 -feet with the exception of an area which has two existing parking spaces located within the front yard landscape area. There is no berm in place. The applicant is not proposing a modification to the site plan and is not proposing to add any additional landscaping or screening within the front yard area. April 30, 2009 SUBDIVISION ITEM NO.: D Cont. PILE NO.: Z -5377-B Appeals from the staff will be directed to the planning commission. Within the landscaped area trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Where a developer demonstrates that this requirement will constitute an undue hardship, a landscaped area exclusive of right-of-way may consist of a minimum of twenty-five (25) feet. In those instances only, a half -berm shall be constructed which is a minimum of three (3) feet in height with tree plantings as required herein; provided however, that this provision may only be applied to a maximum of twenty (20) percent of the highway frontage affected in the plans submitted. Rear and side yards shall have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. Where such yards abut a street right-of- way, a fifteen -foot landscaped strip shall be required adjacent to land zoned office and residential. A seven -foot landscaped strip shall be required when adjacent to lands zoned commercial. Signage. Signage shall comply with the provisions of Article X of Chapter 36 of the Little Rock Code of Ordinances, except as follows: Commercial development signage. Signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground - mounted shall be of a monument type design. These signs may be installed in FA The landscaping exists and was approved as a part of the original site plan. The side and rear yards do not contain a 25 -foot landscape strip. Building signage will comply with signage allowed in Chapter 36 of the Little Rock Code of Ordinances. A commercial development sign will not be utilized. The face of an existing monument sign will be changed. The existing sign is located within the front landscaped area and complies with the Overlay or a maximum of six feet in height and seventy- two square feet in area. April 30, 2009 SUBDIVISION ITEM NO.: D (Cont. the landscaped area of the front and side yards. Commercial building signage. Each separate commercial building will be allowed a single monument ground - mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square feet in area. Curb cuts. Maximum, one (1) curb cut per three hundred (300) feet and no curb cut closer to an intersection than one hundred (100) feet. Lighting. Parking lot lighting shall be designed and located in such manner so as not to disturb the scenic appearance preserved in this corridor. Lighting should be directed to the parking areas and not reflected into the adjacent neighborhoods. Building sites. The maximum number of buildings per commercial development shall be measured both by minimum tract size and minimum frontage as follows: One (1) building every two (2) acres. Commercial developments and multiple building sites. In the case of a commercial development or other development involving multiple building sites, whether on one (1) or more platted lots, the above described regulations shall apply to the development as an entire tract rather than to each platted lot. Developments of this type shall be reviewed by the City through a site plan review process which illustrates compliance with this article. Property, due to topography, size, irregular shapes or other constraints, such as adiacent structures or features which 9 FILE NO.: Z -5377-B No new curb cuts are proposed. Access to the site will be from existing driveway located along the eastern property line. Lighting shall comply with the DOD' standards. Lighting will be directed to the parking areas and not reflect into the adjacent neighborhoods. The site contains 0.41 acres. The request is to add an medical office as an allowable uses to the site. Not applicable. The property was previously approved as POD to allow general and professional office uses as allowable uses for the April 30, 2009 SUBDIVISION ITEM NO.: D (Cont. significantly affect visibility, and thus cannot be developed without violating the standards of this article shall be reviewed through the planned unit development (PUD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. FILE NO.: Z -5377-B property. The request is to amend the previous approval to add a medical office as an allowable use. There are no modifications proposed to the exterior of the structure or the existing parking layout. Staff is supportive of the request. Staff feels there will be no adverse impact by allowing the addition of a medical office use as an allowable use for this property. The site has functioned as an office use for a number of years and does not appear to have significantly impacted adjoining properties. The area to the south has developed as a single-family subdivision and the office use does not appear to have impacted the development of this subdivision. Access to the site will be maintained as a single drive from Highway 10. To staffs knowledge there are no outstanding technical issues associated with the request. Staff is supportive of allowing the addition of a medical office use as an allowable use for the property provided there are no exterior modifications to the building or current parking layout. STAFF RECOMMENDATION: Staff recommends approval of the request to add a medical office use as an allowable use for the site subject to compliance with the comment and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (MARCH 19, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had contacted them on March 18, 2009, requesting a deferral of this item to the April 30, 2009, public hearing in -lieu of withdrawal of the item. Staff stated the applicant had indicated a different medical user was interested in the property and was requesting a deferral of the item to allow the user time to determine if the site and the existing parking was adequate to serve their needs. Staff stated the deferral request would require a waiver of the Commission's By-laws since the deferral request was not received a minimum of five working days prior to the hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for a waiver of the Commission's By-laws with regard to the late deferral request. The motion 9 April 30, 2009 SUBDIVISION ITEM NO.: D (Cont. FILE NO.: Z -5377-B carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for deferral of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 29, 2009, requesting withdrawal of the item without prejudice. Staff stated the request would require a waiver of the Commission's By-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. A motion was made to waive the Commission's By-laws with regard to the late withdrawal request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for placement of the item on the consent agenda for withdrawal as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 10 ITEM NO.: 3 NAME: 16719 Cantrell Road Revised Short -form POD LOCATION: located at 16719 Cantrell Road Planning Staff Comments: Z -5377-B 1. Provide notification of all property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than March 4, 2009. The Office of Planning and Development must receive the proof of notice no later than March 13, 2009. 2. The Highway 10 DOD requires the placement of a 40 foot landscape strip along the corridor and a 25 foot landscape strip along the perimeters of the site. The site plan as proposed places the new front parking area within the 40 foot landscape area. The new parking as proposed along the southern perimeter encroaches into the 25 - foot average landscape strip and reduces the strip to 6.75 feet. The new southern parking area is proposed also at 6.75 feet from the western property line. The drive along the eastern perimeter is currently in place. 3. The parking as proposed does not meet the typical parking dimensions of 20/20/20. The parking is indicated at 18/22/18. In addition to the landscaping being deficient in this area the parking is indicated to overhang the landscape area. 4. The proposal is to add a dental clinic as an allowable use for the property with the addition of a second dentist in the future. Parking for a dental office is six spaces per doctor. Based on two dentists a total of 12 spaces would typically be required. The site plan indicates 22 spaces. (The site currently contains 10 parking spaces). 5. The site plan indicates signage consistent with signage allowed per the Highway 10 DOD. A single sign with a maximum height of six feet and a maximum sign area of 72 square feet will be allowed. The sign must be a monument style sign. 6. Building signage is allowed with a maximum of ten percent of the total facade area of the fagade abutting a public right of way. 7. Site lighting and parking lot lighting must be low level and directional, directed downward and into the site. 8. A note on the site plan indicates the development will utilize City garbage collection at the street. The development does not qualify for City trash collection. 9. Provide the percentage of landscape area and the percentage of paved area in the general notes section of the site plan. Variance/Waivers: None requested. Public Works Conditions - 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 2. Sidewalks with appropriate handicap ramps are required along Highway 10 in Item # 3. accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 5. Measures to control storm water drainage should be implemented to not cause damage onto adjacent property from the increased impervious surface. 6. No garbage collection will be provided by the City of Little Rock. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 — the Highway 10 Express Route. Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a revised Planned Office Development to allow an additional office use within the existing structure. The request does not require a change to the Land Use Plan. Master Street Plan: Cantrell Road is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Cantrell Road since it is a Principal Arterial. Cantrell Road may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Item # 3. Bicycle Plan: There are no bike routes in this area. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance and the Highway 10 Design Overlay District requirements. 2. The proposed parking located within the front yard encroaches within the 40 -foot front landscape strip as required per the Highway 10 Design Overlay District. 3. The rear parking area encroaches into the 25 -foot side yard landscape strip along the western perimeter and the 25 -foot rear yard landscape strip located along the southern perimeter as established per the Highway 10 Design Overlay District. 4. A minimal amount of building landscaping is required between the parking lot and the structure. 5. The buffer ordinance requires a six foot (6'-9") wide land use buffer along both the eastern and western property lines. Seventy percent (70%) of this area is to remain undisturbed. 6. The buffer ordinance requires a ten foot (10') wide land use buffer along the southern perimeter of the site next to the residentially zoned property. Seventy percent (70%) of this area is to remain undisturbed. 7. The buffer ordinance requires an average ten foot (10') wide street buffer. 8. The Highway 10 Design Overlay District requires an automatic irrigation system to water landscaped areas and a landscape plan stamped by a Registered Landscape Architect. 9. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern, eastern, and western perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, March 4, 2009, 2009. Item # I