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HomeMy WebLinkAboutZ-5756-D Staff AnalysisFILE NO.: Z -5756-D NAME: Bowman Heights Center Revised Short -form PCD LOCATION: Located at 301 and 303 South Bowman Road DEVELOPER: Rees Development, Inc. 11719 Hinson Road, Suite 130 Little Rock, AR 72212 SURVEYOR: Butler Survey Group P.O. Box 13087 Maumelle, AR 72113 AREA: 2.33 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING NUMBER OF LOTS: 1 PCD FT. NEW STREET: 0 LF C-1, Neighborhood Commercial and a Video Store Revised PCD PROPOSED USE: C-1, Neighborhood Commercial District Uses and a video store, with the addition of audio and video equipment installation including car audio sales and installation; studio, music, dance and ceramics; auto parts and accessories; health studio or spa and office equipment sales and service. VARIANCESM/AIVERS REQUESTED: None requested. BACKGROUND: The site was zoned PCD by Ordinance No. 16,573 passed by the Board of Directors on January 18, 1994. This followed the Planning Commission's recommendation of approval 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 a.m. to 6:00 p. m.: 2) no doors or windows were to be allowed to the rear or east side of the building (except emergency doors required by the Fire Marshall; 3) a six foot tall screening fe: ce was to be erected along the top of the FILE NO.: Z -5756-D Cont. retaining wall off the rear property line; and 4) evergreen plantings, which, when mature, would grow to a minimum of fifteen feet in height, were to be planted in the twenty foot wide buffer strip along the rear or east. Plantings were to be planted to overlap to provide a solid screening of the site from the east. Two subsequent proposals to modify the PCD were withdrawn by the applicant. On July 20, 2004, Ordinance No. 19,138 was passed which allowed a small area of outdoor display of playground equipment in conjunction with one of the businesses on the site. A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT: The applicant is requesting a revision to the PCD zoning to allow the addition of audio and video equipment installation including car audio sales and installation; studio, music, dance and ceramics; auto parts and accessories; health studio or spa and office equipment sales and service. The proposed auto audio installation is to occur in the south end of the southern building where a garage door has been installed. No other changes are proposed to the development. B. EXISTING CONDITIONS: The site is occupied by two commercial buildings; 18,000 square feet and 15,000 square feet, and 111 paved parking spaces. Two ground -mounted signs are located on the Bowman Road frontage. Additional commercial properties are located to the north, south and west, across Bowman. A single-family residential neighborhood is adjacent to the east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area resident. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 feet of the site and the Birchwood Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Show centerline of right-of-way of Bowman Road to determine if right-of-way is required to be dedicated. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. 2 FILE NO.: Z -5756-D Cont. Enter : No comment received. Center -Paint 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. Contact central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Plannlng: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. The site is near CATA Bus Route # 5 —the West Markham Route. Parks and Recreation: 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. Mixed Office Commercial provides for a mixture of office and commercial uses to occur. A Planned Zoning District is required unless the development is wholly office use. The applicant has requested to allow a revision to the previously approved Planned Commercial Development to add C-3, General Commercial District uses, with the exception of a bar, as allowable uses within the existing shopping center development. Master Street Plan: South Bowman Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Bowman Road since it is a Minor Arterial. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 3 FILE NO.: Z -5756-D (Cont. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. All existing vegetation, fencing, dumpster enclosures, and paving must be in good condition or replaced. 3. An automatic irrigation system to water landscaped areas will be required. 4. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) The applicant was present. Staff presented the item and noted little additional information was needed. The applicant was advised to indicate the existing street center -line, signage and fencing on the plan. The application had been filed for C-3 uses. Staff questioned the requested C-3 when it would not accommodate the auto audio installation. It was suggested to leave the allowable uses as C-1 with the other specific uses to be added. 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 submitted a revised site plan showing the signs and screening fence. The application was amended to retain C-1 uses and the previously approved video store and to add audio and video equipment installation, including car audio sales and installation; studio, music, dance and ceramics; auto parts and accessories; health studio or spa and office equipment sales and service. The "studio, music, dance and ceramics" is already permitted since it is a C-1 use. The other uses range from C-2 to C-4 uses. This site abuts a single-family residential neighborhood. The proposed use with the greatest potential to impact the neighborhood is the auto audio installation business. That business is located at the southeast corner of the site, directly adjacent to the neighborhood. This development was approved with C-1 neighborhood commercial uses and a list of additional conditions to help mitigate any impact on the neighbors. Staff does not believe the addition of C-2, C-3 and C-4 uses is appropriate. The residential neighborhood is still in place and consideration should still be given to assuring that this development remains compatible with the neighboring properties. 12 FILE NO.: Z -5756-D (Cont.) I. STAFF RECOMMENDATION - Staff recommends denial of the application. PLANNING COMMISSION ACTION; (JULY 14, 2011) The applicant was present. Staff presented the item and noted the applicant had amended the application to add only the auto audio installation service, utilizing a bay in the south end of the southern building. No other changes to the existing planned development were requested. Staff read the following conditions, which were proposed by the applicant in conjunction with the proposed auto audio installation use: 1. The garage door shall be kept closed at all times other than when a vehicle is entering or exiting the building. 2. Signs will be posted on the interior of the shop and on the outside, on the brick exterior wall, informing customers that playing their stereo equipment is the parking lot is strictly prohibited. 3. Hours of operation for the business are limited to 9:00 a.m. to 6:00 p.m., Monday through Saturday. 4. Customers of the business will be told not to play their car stereos loudly in the Bowman Heights parking areas or drives and they are to be played only with the vehicle windows rolled up. The applicant, John Rees, stated the tenant would be mindful and considerate to his neighbors and would promptly respond to any problem or complaint. Commissioner Rector chastised Mr. Rees putting the use in and then coming to the Commission for forgiveness. He stated this was not the first time Mr. Rees had done so. Mr. Rees stated he was not aware the use was not permitted under the site's current zoning. A motion was made to approve the application, as amended, including staff comments and conditions. The vote was 6 ayes, 3 noes, 1 abstaining (Rector) and 1 absent. Commissioner Changose asked Mr. Rees to reiterate his promises to control sound on the site. Mr. Rees did so. Commissioner Changose then stated he wished to change his vote. A motion was made to expunge the previous vote. That motion was approved by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to approve the application, as amended, including staff comments and conditions. That vote was 9 ayes, 1 -E- .-.-nd ; absent. A M NO.: 4. Z -5756-D NAME: Bowman Heights Center Revised Short -form PCD LOCATION: located at 301 and 303 South 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. The notice must be mailed no later than June 22, 2011. The Office of Planning and Development must receive the proof of notice no later than July 8, 2011. 2. Provide the existing uses, the square footage of each use and the square footage proposed for additional uses including the square footage proposed as restaurant space. 3. The site plan does not indicate the existing sign nor the existing screening fence. Please revise the site plan/survey to include these items. The sign should include the location, the total height and the total sign are. The fence should be noted with the height and construction material. 4. The site contains 108 parking spaces. The site plan does not include the square footage of the buildings but the original approved allowed two buildings containing 18,000 and 15,00 square feet for a total of 33,000 square feet. Based on parking for a retail development a total of 110 parking spaces would be required to serve the development. There are 109 on-site spaces. 5. The request is to allow C-3, General Commercial District uses as allowable uses for the site. The site is currently under enforcement due to an existing audio business, with installation, being located in the center. This use is not an allowable use under the C-3 zoning district. The audio use must also be included in the requested uses if the business is to remain in the shopping center. Variance[Waivers: None requested. Public Works Conditions: 1. Show centerline of right-of-way of Bowman Road to determine if right-of-way is required to be dedicated. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Enter : No comment received. Center -Point Ener : No comment received. Item # 4. 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. Contact central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon the installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is not located on a dedicated CATA Bus Route. The site is near CATA Bus Route # 5 — the West Markham Route. Parks and Recreation: 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. Mixed Office Commercial provides for a mixture of office and commercial uses to occur. A Planned Zoning District is required unless the development is wholly office use. The applicant has requested to allow a revision to the previously approved Planned Commercial Development to add C- 3, General Commercial District uses, with the exception of a bar, as allowable uses within the existing shopping center development Master Street Plan: South Bowman Road is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Bowman Road since it is a Minor Arterial. These streets 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 shown in the immediate vicinity. Landscape. 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. All existing vegetation, fencing, dumpster enclosures, and paving must be in good condition or replaced. 3. An automatic irrigation system to water landscaped areas will be required. Item # 4. 4. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. Revised olat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, June 29, 2011. Item # 4.