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HomeMy WebLinkAboutZ-5756-C Staff AnalysisFILE NO.: Z-57 NAME: Bowman Heights Shopping Center Revised Short -form PCD LOCATION: 301-303 South Bowman Road DEVELOPER: John Rees 12115 Hinson Road Little Rock, AR 72212 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue Little Rock, AR 72201 AREA: 2.33 Acres CURRENT ZONING: ALLOWED USES: NUMBER OF LOTS: 1 Ice FT. NEW STREET: 0 Limited to C-1, Neighborhood Commercial District uses, plus an additional use of a video store PROPOSED ZONING: Revised PCD PROPOSED USE: The addition of seasonal outdoor display of playground equipment. VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: The site was zoned PCD by Ordinance No. 16,573, passed by the Little Rock Board of Directors on January 18, 1994. This followed the public hearing at the Planning Commission on November 16, 1993. The uses for the site were limited to those contained in the schedule of permitted uses in the C-1, Neighborhood Commercial District, plus an additional use, a video rental store. Additional conditions were: 1) dumpster pickup was to be limited to 7:00 am to 6:00 pm; 2) no doors or windows were to be allowed to the rear, east, side of the building (except emergency doors required by the Fire Marshall; 3) a six foot high screening fence was to be erected along the top of the retaining wall and continue along the retaining wall alignment twenty feet off the rear property line; and, 4) evergreen plantings, which, when mature, would grow to a minimum of fifteen feet in height, where to be planted in the twenty foot wide buffer strip FILE NO.: Z -5756-C (Cont. along the rear, east, property line, and were to be planted to overlap to provide a solid screening of the site from the east. The applicant proposed to amend his approved PCD to both modify the site plan and to add additional uses to the listing of approved uses- at the March 14, 1996, Planning Commission Public Hearing. The request was denied. The applicant proposed: 1) to change the rear, east, landscape buffer from twenty feet in depth to eight feet in depth; 2) to construct an access drive behind (to the east of) the southernmost building and a partial drive (50 -feet from both the north and south ends of the building) behind the northernmost building; 3) to change the square footage of the buildings on the site to a total of 45,600 square feet in lieu of the 33,250 square feet previously approved (with the southernmost building being 12,000 square feet in lieu of the 9,000 square feet which was approved, and the northernmost building being two floors at 16,800 square feet each, or 33,600 square feet total, in lieu of the 24,250 square foot building originally approved, with its lower floor area having been 7,125 square feet and the upper floor area having been 17,175 square feet); and 4) to add a restaurant use to the listing of approved uses. The restaurant was proposed to be a "sit-down" restaurant. The applicant also requested a waiver of required right-of-way dedication. The previously approved plan included the dedication of five feet of additional right-of-way along Bowman Road. During the Public Hearing process, the applicant amended his request for the waiver of the required right-of-way indicating a dedication would be made to the City if the amendment to the PCD were approved. As stated, the request to amend the PCD was denied by the Commission. A. PROPOSAUREQUEST: The applicant is now requesting to revise the previously approved planned development to allow outdoor display of playground and exercise equipment. The applicant currently has items displayed on the site under the building overhang and also in parking spaces in front of the store and in the outer corner of the parking lot. The applicant has indicated the displayed merchandise varies with each season but the indicated locations on. the site plan are the typical areas of display. The applicant also has a delivery trailer located on the site with the business logo displayed. The applicant is requesting permission to park the trailer on the site. B. EXISTING CONDITIONS: The site contains a strip retail center developed with multiple commercial tenants. Fitness Tech currently has outdoor display of playground equipment. A portion of the equipment is located under the building overhang with the remainder located in the parking lot. There is a trampoline located near the entrance drive. The area to the south of the site also contains commercial uses, Linens and Things and Best Buy. Across West Markham are commercial uses including restaurants and an auto repair shop. The area to the south of the site is currently vacant. To the east of the site is the Birchwood Subdivision. The area is build -out with single-family homes. N FILE NO.: Z -5756-C Cont. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from area residents. The Birchwood Neighborhood Association, all residents located within 300 -feet of the site and all property owners located within 200 -feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY. PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Ener : Approved as submitted. SBC: No comment received. Central Arkansas Water: No objection. 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 1-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revision of a Planned Commercial District for the outdoor display of children's play equipment. The request does not require a change to the Land Use Plan. Cily Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Walnut Valley Neighborhood Action Plan. There are no goals or objectives that are relevant to this case. Landscape: No comment. 3 FILE NO.: Z -5756-C (Cont.) G. SUBDIVISION COMMITTEE COMMENT: (May 13, 2004) Mr. Pat McGetrick was present representing the request. Staff stated the request was to recognize playground equipment currently located on the site and not a part of the previously approved site plan. Staff requested the applicant be more specific on location and types of equipment 'to be located on the site. Mr. McGetrick stated the playground equipment was seasonal and the merchandise display was different depending on the season. 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 submitted a revised plan to staff addressing most of the issues raised at the May 13, 2004 Subdivision Committee meeting. The applicant has indicated on the proposed site plan locations of outdoor display of playground and exercise equipment. The proposed location encumbers four parking spaces in two locations. The applicant has indicated two parking spaces will be encumbered directly in front of the business and two parking spaces will be encumbered in the northwest portion of the parking lot near the northern parking lot driveway. There is also under canopy display near the entrance to the business in three locations. The site contains 44,799 square feet of space. The site plan includes one hundred twelve parking spaces. The typical minimum parking required for a commercial development of this size would be one hundred forty-nine parking spaces. Since the development was approved with less than the typical minimum parking required for a commercial development staff does not feel it wise to remove any of the available parking on the site. Per the Zoning Ordinance commercial zoning allows for seasonal and temporary sales, outside but the sales shall be permitted a maximum of four occasions per year with a maximum of thirty days per event. (These events may be permitted consecutively or as desired by the owner or occupant.) The outside display area is allowed in an area equal to one-half of the fagade area of the front of the building. The Open Display District of the Zoning Ordinance (C-4) allows locations for retail areas, which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. In addition screening is required so as the display area is not visible from adjoining lots. Staff does not feel the location an appropriate location for an outdoor display area. The approved Planned Commercial Development has a specific site plan, which did not include any areas of outdoor display. Although, the permitted uses are C-1, the site may not take advantage of the open display and season display 4 FILE NO.: Z -5756-C provision of the other commercial districts. The site is very tightly developed and outdoor display would only add to the congestion on the site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 3, 2004) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item with a recommendation of denial. Staff stated the request was to place seasonal playground equipment on the site and they did not feel the site suitable for outdoor display. Staff stated the site was currently under enforcement due to the placement of the equipment on the site. The Commission questioned if the equipment was causing any problems currently. Staff stated the parking lot was very congested and they did not feel the placement of items in the parking lot was practical. Staff stated the existing parking was not sufficient to meet the typical minimum parking demand for a retail center of this type. Mr. McGetrick stated the owner was requesting the placement of the playground equipment in the indicated locations of the parking lot. He stated if the applicant could not use the parking spaces indicated he would then request the ability to place the equipment in the area in front of the building on the sidewalk. Mr. McGetrick stated the location would be two under the awning in front of the store and one near the copula in the plaza. There was a general discussion concerning the proposed request. The Commission asked Mr. McGetrick if he was amending his application. Mr. McGetrick indicated he was amending the request to allow the placement of -the playground equipment on the site but not in the parking lot. A motion was made to approve the request as filed: The motion carried by a vete of 8 ayes, 2 noes, 1 abstention (Commissioner Williams) and 0 absent. 5 June 3, 2004 ITEM NO.: 10 FILE NO.: Z -5756-C NAME: Bowman Heights Shopping Center Revised Short -form PCD LOCATION: 301-303 South Bowman Road DEVELOPER: John Rees 12115 Hinson Road Little Rock, AR 72212 ENGINEER: McGetrick and McGetrick Engineers 319 President Clinton Avenue Little Rock, AR 72201 AREA: 2.33 Acres CURRENT ZONING ALLOWED USES NUMBER OF LOTS: 1 PCD FT. NEW STREET: 0 Limited to C-1, Neighborhood Commercial District uses, plus an additional use of a video store PROPOSED ZONING: Revised PCD PROPOSED USE: The addition of seasonal outdoor display of playground equipment. VARIANCESNVAIVERS REQUESTED: None requested. BACKGROUND: The site was zoned PCD by Ordinance No. 16,573, passed by the Little Rock Board of Directors on January 18, 1994. This followed the public hearing at the Planning Commission on November 16, 1993. The uses for the site were limited to those contained in the schedule of permitted uses in the C-1, Neighborhood Commercial District, plus an additional use, a video rental store. Additional conditions were: 1) dumpster pickup was to be limited to 7:00 am to 6:00 pm; 2) no doors or windows were to be allowed to the rear, east, side of the building (except emergency doors required by the Fire Marshall; 3) a six foot high screening fence was to be erected along the top of the retaining wall and continue along the retaining wall alignment twenty feet off the rear property line; and, 4) evergreen plantings, which, when mature, would grow to a minimum of fifteen feet in height, where to be planted in the twenty foot wide buffer strip June 3, 2004 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z -5756-C along the rear, east, property line, and were to be planted to overlap to provide a solid screening of the site from the east. The applicant proposed to amend his approved PCD to both modify the site plan and to add additional uses to the listing of approved uses at the March 14, 1996, Planning Commission Public Hearing. The request was denied. The applicant proposed: 1) to change the rear, east, landscape buffer from twenty feet in depth to eight feet in depth; 2) to construct an access drive behind (to the east of) the southernmost building and a partial drive (50 -feet from both the north and south ends of the building) behind the northernmost building; 3) to change the square footage of the buildings on the site to a total of 45,600 square feet in lieu of the 33,250 square feet previously approved (with the southernmost building being 12,000 square feet in lieu of the 9,000 square feet which was approved, and the northernmost building being two floors at 16,800 square feet each, or 33,600 square feet total, in lieu of the 24,250 square foot building originally approved, with its lower floor area having been 7,125 square feet and the upper floor area having been 17,175 square feet); and 4) to add a restaurant use to the listing of approved uses. The restaurant was proposed to be a "sit-down" restaurant. The applicant also requested a waiver of required right-of-way dedication. The previously approved plan included the dedication of five feet of additional right-of-way along Bowman Road. During the Public Hearing process, the applicant amended his request for the waiver of the required right-of-way indicating a dedication would be made to the City if the amendment to the PCD were approved. As stated, the request to amend the PCD was denied by the Commission. A. PROPOSAUREQUEST: The applicant is now requesting to revise the previously approved planned development to allow outdoor display of playground and exercise equipment. The applicant currently has items displayed on the site under the building overhang and also in parking spaces in front of the store and in the outer corner of the parking lot. The applicant has indicated the displayed merchandise varies with each season but the indicated locations on the site plan are the typical areas of display. The applicant also has a delivery trailer located on the site with the business logo displayed. The applicant is requesting permission to park the trailer on the site. B. EXISTING CONDITIONS: The site contains a strip retail center developed with multiple commercial tenants. Fitness Tech currently has outdoor display of playground equipment. A portion of the equipment is located under the building overhang with the remainder located in the parking lot. There is a trampoline located near the entrance drive. The area to the south of the site also contains commercial uses, Linens and Things and Best Buy. Across West Markham are commercial uses including 'ri June 3, 2004 SUBDIVISION TEM NO.: 10 (Cont.) FILE NO.: Z -5756-C restaurants and an auto repair shop. The area to the south of the site is currently vacant. To the east of the site is the Birchwood Subdivision. The area is build -out with single-family homes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from area residents. The Birchwood Neighborhood Association, all residents located within 300 -feet of the site and all property owners located within 200 -feet of the site were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works: 1. No comment. E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Enter-gy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. F. ISS U ES/TEC H N I LAUD ES I G N: Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revision of a Planned Commercial District for the outdoor display of children's play equipment. The request does not require a change to the Land Use Plan. 3 June 3, 2004 SUBDIVISION ITEM NO.: 10 Cont. FILE NO.: Z -5756-C Cily Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Walnut Valley Neighborhood Action Plan. There are no goals or objectives that are relevant to this case. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 13, 2004) Mr. Pat McGetrick was present representing the request. Staff stated the request was to recognize playground equipment currently located on the site and not a part of the previously approved site plan. Staff requested the applicant be more specific on location and types of equipment to be located on the site. Mr. McGetrick stated the playground equipment was seasonal and the merchandise display was different depending on the season. 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 submitted a revised plan to staff addressing most of the issues raised at the May 13, 2004 Subdivision Committee meeting. The applicant has indicated on the proposed site plan locations of outdoor display of playground and exercise equipment. The proposed location encumbers four parking spaces in two locations. The applicant has indicated two parking spaces will be encumbered directly in front of the business and two parking spaces will be encumbered in the northwest portion of the parking lot near the northern parking lot driveway. There is also under canopy display near the entrance to the business in three locations. The site contains 44,799 square feet of space. The site plan includes one hundred twelve parking spaces. The typical minimum parking required for a commercial development of this size would be one hundred forty-nine parking spaces. Since the development was approved with less than the typical minimum parking required for a commercial development staff does not feel it wise to remove any of the available parking on the site. Per the Zoning Ordinance commercial zoning allows for seasonal and temporary sales, outside but the sales shall be permitted a maximum of four occasions per year with a maximum of thirty days per event. (These events may be permitted consecutively or as desired by the owner or occupant.) The outside display area is allowed in an area equal to one-half of the facade area of the front of the building. 4 June 3, 2004 SUBDIVISION ITEM NO.: 10 Cont. FILE NO.: Z -5756-C The Open Display District of the Zoning Ordinance (C-4) allows locations for retail areas, which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. In addition screening is required so as the display area is not visible from adjoining lots. Staff does not feel the location an appropriate location for an outdoor display area. The approved Planned Commercial Development has a specific site plan, which did not include any areas of outdoor display. Although, the permitted uses are C-1, the site may not take advantage of the open display and season display provision of the other commercial districts. The site is very tightly developed and outdoor display would only add to the congestion on the site. 1. STAFF RECOMMENDATION: Staff recommends denial of the request. 5 ITEM NO.: 10 FILE NO.: Z-57 NAME: Bowman Heights Shopping Center Revised Short -form PCD LOCATION: 301-303 Bowman Road Planning Staff Comments: 1. Provide notification of property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. 2. Identify on the proposed site plan the locations in the parking lot were merchandise is to be displayed. �3l The cover letter indicates seasonal display of equipment. Be more specific as to the times the items will be displayed. VariancelWaivers: None requested. Public Works: 1. No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. Planning Division: This request is located in the 1-430 Planning District. The Land Use Plan shows Mixed Office Commercial for this property. The applicant has applied for a revision of a Planned Commercial District for the outdoor display of children's play equipment. The request does not require a change to the Land Use Plan. City Recognized Neighborhood Action Plan: covered by the Walnut Valley Neighborhood objectives that are relevant to this case. Landscape: No comment. The applicant's property lies in the area Action Plan. There are no goals or Revised platlplan_: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, May 19, 2004.