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HomeMy WebLinkAboutZ-5930-A Staff AnalysisFILE NO.: Z- 0-A NAME: BCR CONTRACTORS, INC. -- SHORT -FORM PLANNED DEVELOPMENT - COMMERCIAL LOCATION: At the northwest corner of Baseline Road and Unity Lane DEVELOPER: Bill C. Keathley BCR CONTRACTORS, INC. 3200 Baseline Rd. Little Rock, AR 72209 562-1134 AREA: 0.46 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPO ED U E5: Contractor's office, shop, and materials storage PLANNING DISTRICT: 14 CENSUS TRACT: 41.07 VARIANCES REQDESTE: Approval of a waiver of Master Street Plan improvements to Unity Ln. STATEMENT OF PROPO AL: The applicant proposes the establishment of a PD -Commercial in order to continue to operate his construction business from the property. The building, he proposes, will house his office and shop, and there will be designated areas on the premises for outside storage of equipment and materials. The applicant explains that all shop operations are conducted within the building and the outside storage areas will be screened from view from abutting properties and the streets. No improvements to the abutting streets is anticipated. The applicant proposes that, in addition to his construction use, the PD be approved for conversion to all uses by right in the C-3 zoning district. A. PROPOSAWREQUEST: Review by the Planning Commission approval by the Board of Directors PD -C is requested. Approval of a Plan improvements for Unity Ln. is B. EXISTING CONDITIONS: and a recommendation for for establishment of the waiver of Master Street requested. The site is developed. The building on the property was originally built as a "Seven -Eleven" convenience store, but was abandoned and sat vacant for a number of years. The FILE NO.. Z 590 A (Cont. _ convenience store use existed prior to the area being within the City Limits, and subsequently continued as a legal non- conforming use. The non -conforming status ceased when the use was abandoned for more than one year. The existing zoning of the property is R-2. All surrounding properties are zoned R-2. The applicant is currently using the former "Seven -Eleven" store building, but, since the current zoning is R-2, the Zoning Enforcement division notified the applicant of the violation of the Zoning Ordinance. The applicant has sought to remedy the violation by gaining approval of the rezoning. C. _ENGjjOFRiNqjuTiLiTY COMMENTS: Public Works Comments: 1) Right-of-way dedication to provide the minimum of 45' from the centerline of Baseline Rd. is required. Prior to dedication of additional right-of-way, the applicant must confirm proper site mitigation of the underground fuel tanks which were installed and used when the convenience store was in operation. 2) A sketch grading and drainage plan, meeting the requirements of Sec. 29-186 is required. A development permit will be required before any work being. 3) A sidewalk will be required to be built on Unity Ln. 4) Street plans and stormwater drainage for Unity Ln. will be required. Full improvements will be required to provide 1/2 of a 27 foot standard residential street. 5) The eastern drive on Baseline Rd. will be required to be closed. 6) The AHTD will need to approve the proposal. 7) Sight distance obstructions at intersections are restricted in the 50' triangular area from the right- of-way. The fence which is shown along the Baseline Rd. and Unity Ln. frontages of the site extends into this triangular area, and, therefore, this portion of the fence is in violation of the ordinance. Water Works has no comments on this item. Wastewater comments that sewer is available, and there is no adverse effect. Arkansas Power and Light Co. approved the submittal without comment. 2 FILE NO.: Z- 0-A C nt. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUES LEGAL TECHNICAL DESIGN: The subject property has, evidently, never been platted, since the property is described by "Metes and Bounds". If a plat is prepared, the required dedication of additional right-of-way along Baseline Rd. may be dedicated in this plat. Alternatively, if a plat is not prepared, the required dedication may be accomplished with a quit -claim deed. The applicant speaks of the "shop" and "shop operations". The types of activities associated with the shop need to be clarified. Landscape review comments that a 5 foot wide land use buffer is required east and west of the parking lot. A three foot wide landscape strip is required between the public parking area and the building. If over 15 parking spaces are to be provided, then 6% of the vehicular use area must be landscaped with interior islands. Loading and unloading areas are excluded from the requirement. A 6 foot high wood fence, with its face directed outward, will be required to screen the outdoor storage areas. The Planning Division comments that the site is in the Geyer Springs East District. Currently the adopted Land Use Plan recommends Single -Family Residential uses; however, staff has held neighborhood meetings in view of amending the Land Use Plan. Following these meeting, the recommended amended land use for the area is Mixed Office -Commercial; therefore, if the Commission and Board approve the land use plan ' change, the proposed commercial use will not be in conflict y with the plan. E. ANALYSIS• With proper buffering of the outside storage areas from abutting properties and from Unity Ln., and with the "shop" activities being accessory to the office character of the use, then the proposed PD -C is in keeping with the uses allowed in the amended Land Use Plan for the area. The matter of the fence obstructing the sight triangle at the Baseline Rd. -Unity Ln. intersection; the matter of the proper abandonment of the underground gasoline storage 3 FILE NO.: Z-523 tanks; and, the matter of the proper abandonment of the eastern -most drive off Baseline Rd. need to be addressed. Installation of a "good neighbor" -privacy fence, or the planting of evergreen shrubbery to provide the needed landscaping buffering must be accomplished. F. STAFF RECOMMENDATIONS: Staff recommends approval requirements cited. Staff requested waiver. SUBDIVISION COMMITTEE COMMENT: of the PD -C, subject to the recommends denial of the (MARCH 16, 1995) Mr. Bill Keathley, the applicant, was present. Staff outlined the proposal, and Mr. Keathley reviewed the staff comments contained in the discussion outline. Mr. Keathley inquired of the Public Works staff for information on the "sight triangle" issue. Staff explained the regulation, saying that there can be no obstruction within the triangle which is over 30 inches in height above the abutting street grade. Mr. Keathley responded that, because of the slope of the lot, the fence, within the triangle, is not over 30 inches in height above grade of Unity Ln. Staff indicated that if this were the case, then the requirement is moot. The issue of the requirement to provide a fence or evergreen shrubbery at the perimeter of the outside storage areas was discussed. Mr. Keathley indicated that he would comply with the requirement. The issue of the additional right-of-way along Baseline Rd. was discussed. Mr. Keathley indicated that, since the State had just completed the reconstruction of Baseline Rd., all needed right-of-way should have been taken at that time. Staff responded that the survey which was supplied with the PD application showed inadequate right-of-way to meet the City's Master Street Plan requirements. Mr. Keathley responded that he would dedicate the right-of-way if that was required. The issue of the requirement to close the eastern -most drive was discussed. Mr. Keathley said that the drive is not used; it is, in fact, fenced off. Staff said that the driveway needs to be removed. The issue of the underground gasoline storage tanks was discussed. Mr. Keathley said that these had been properly abandoned; that he had the "paper work" on this. The Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMISSION ACTION: (APRIL 4, 1995) Staff reported that word had been received from the Neighborhood Association that the Association has no objection to the proposed PD -C, as amended. Staff also reported that he applicant had . amended his request to eliminate the request for convertibility to all uses by right as listed in the C-3 zoning district to, 4 FILE TIO.: Z -5930 - instead, --S -instead, convertibility to (as well as a contractor's office with enclosed ship and exterior screened storage) all uses by right and conditional uses as listed in the C-1 zoning district, except for "cemetery or mausoleum", an "establishment -for the care of alcoholic, narcotic, or psychiatric patients", and a "nursing or convalescent home". Mr. Bill Keathley, the applicant, presented his request. He pointed out that he is making use of an existing building which stood vacant for a number of years, and is making practical no structural changes. He said that he would clean up the site and would provide the required screening of the storage areas. He said, however, that he wanted to pursue his request for a waiver of Master Street Plan improvements along the Unity Ln. frontage of his site, saying that the street section on Unity Ln. from Baseline to the residential subdivision to the north is open ditch, without curbs and gutters, and has no sidewalk. He pointed out that there are non -conforming auto repair and salvage businesses both across Unity Ln. to the ease and behind his business to the north, and that the existing road section serves these two businesses, as well as his own. He said that it would not be reasonable to require a short section of curb and gutter street and a sidewalk, since neither would tie to anything, and he did not feel that the approval of his use of an existing building could warrant the expense of spending substantial funds for street improvements. There was no one in attendance who completed a registration card indicating objection to the proposal, so Chairperson Walker called the question. A recommendation for approval of the PD -C and approval of the requested waivers passed with the vote of 9 ayes, 0 nays, 0 abstentions, and 2 absent. 5 FILE NO.: Z-5 0-A NAME: BCK CONTRACTORS, INC. -- SHORT -FORM PLANNED DEVELOPMENT - COMMERCIAL LOCATION: At the northwest corner of Baseline Road and Unity Lane DEVELOPER: Bill C. Keathley BCK CONTRACTORS, INC. 3200 Baseline Rd. Little Rock, AR 72209 562-1134 AREA: 0.46 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZO ING: R-2 PROPOSED USES: Contractor's office, shop, and materials storage PLANNING DISTRICT: 14 CENSUT TRACT: 41.07 VARIANCES REQUESTED: Approval of a waiver of Master Street Plan improvements to Unity Ln. STATEMENT OF PROPOSAL: The applicant proposes the establishment of a PD -Commercial in order to continue to operate his construction business from the property. The building, he proposes, will house his office and shop, and there will be designated areas on the premises for outside storage of equipment and materials. The applicant explains that all shop operations are conducted within the building and the outside storage areas will be screened from view from abutting properties and the streets. No improvements to the abutting streets is anticipated. The applicant proposes that, in addition to his construction use, the PD be approved for conversion to all uses by right in the C-3 zoning district. A. PROPOSAL/REQUEST: Review by the Planning Commission and a recommendation for approval by the Board of Directors for establishment of the PD -C is requested. Approval of a waiver of Master Street Plan improvements for Unity Ln. is requested. B. EXISTING C NDITZONS: The site is developed. The building on the property was originally built as a "Seven -Eleven" convenience store, but was abandoned and sat vacant for a number of years. The FILE NO.: Z-59 0-A Cont. convenience store use existed prior to the area being within the City Limits, and subsequently continued as a legal non- conforming use. The non -conforming status ceased when the use was abandoned for more than one year. The existing zoning of the property is R-2. All surrounding properties are zoned R-2. The applicant is currently using the former "Seven -Eleven" store building, but, since the current zoning is R-2, the Zoning Enforcement division notified the applicant of the violation of the Zoning Ordinance. The applicant has sought to remedy the violation by gaining approval of the rezoning. C. ENGINEERING/UTILITY COMMENTS: Public Works Comments: 1) Right-of-way dedication to provide the minimum of 45' from the centerline of Baseline Rd. is required. Prior to dedication of additional right-of-way, the applicant must confirm proper site mitigation of the underground fuel tanks which were installed and used when the convenience store was in operation. 2) A sketch grading and drainage plan, meeting the requirements of Sec. 29-186 is required. A development permit will be required before any work being. 3) A sidewalk will be required to be built on Unity Ln. 4) Street plans and stormwater drainage for Unity Ln. will be required. Full improvements will be required to provide 1/2 of a 27 foot standard residential street. 5) The eastern drive on Baseline Rd. will be required to be closed. 6) The AHTD will need to approve the proposal. 7) Sight distance obstructions at intersections are restricted in the 50' triangular area from the right- of-way. The fence which is shown along the Baseline Rd. and Unity Ln. frontages of the site extends into this triangular area, and, therefore, this portion of the fence is in violation of the ordinance. Water Works has no comments on this item. Wastewater comments that sewer is available, and there is no adverse effect. Arkansas Power and Light Co. approved the submittal without comment. E FILE NO.: Z -5930-A (Cont.) Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUES LEGAL TECHNICAL DESIGN: The subject property has, evidently, never been platted, since the property is described by "Metes and Bounds". If a plat is prepared, the required dedication of additional right-of-way along Baseline Rd. may be dedicated in this plat. Alternatively, if a plat is not prepared, the required dedication may be accomplished with a quit -claim deed. The applicant speaks of the "shop" and "shop operations". The types of activities associated with the shop need to be clarified. Landscape review comments that a 5 foot wide land use buffer is required east and west of the parking lot. A three foot wide landscape strip is required between the public parking area and the building. If over 15 parking spaces are to be provided, then 6% of the vehicular use area must be landscaped with interior islands. Loading and unloading areas are excluded from the requirement. A 6 foot high wood fence, with its face directed outward, will be required to screen the outdoor storage areas. The Planning Division comments that the site is in the Geyer Springs East District. Currently the adopted Land Use Plan recommends Single -Family Residential uses; however, staff has held neighborhood meetings in view of amending the Land Use Plan. Following these meeting, the recommended amended land use for the area is Mixed office -Commercial; therefore, if the Commission and Board approve the land use plan change, the proposed commercial use will not be in conflict with the plan. E. ANALYSIS: with proper buffering of the outside storage areas from abutting properties and from Unity Ln., and with the "shop" activities being accessory to the office character of the use, then the proposed PD -C is in keeping with the uses allowed in the amended Land Use Plan for the area. The matter of the fence obstructing the sight triangle at the Baseline Rd. -Unity Ln. intersection; the matter of the proper abandonment of the underground gasoline storage 3 FILE NO.. Z 5930-A (Cont.) tanks; and, the matter of the proper abandonment of the eastern -most drive off Baseline Rd. need to be addressed. Installation of a "good neighbor" -privacy fence, or the planting of evergreen shrubbery to provide the needed landscaping buffering must be accomplished. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PD -C, subject to the requirements cited. Staff recommends denial of the requested waiver. SUBDIVISION COMMITTEE COMMENT: (MARCH 16, 1995) Mr. Bill Keathley, the applicant, was present. Staff outlined the proposal, and Mr. Keathley reviewed the staff comments contained in the discussion outline. Mr. Keathley inquired of the Public Works staff for information on the "sight triangle" issue. Staff explained the regulation, saying that there can be no obstruction within the triangle which is over 30 inches in height above the abutting street grade. Mr. Keathley responded that, because of the slope of the lot, the fence, within the triangle, is not over 30 inches in height above grade of Unity Ln. Staff indicated that if this were the case, then the requirement is moot. The issue of the requirement to provide a fence or evergreen shrubbery at the perimeter of the outside storage areas was discussed. Mr. Keathley indicated that he would comply with the requirement. The issue of the additional right-of-way along Baseline Rd. was discussed. Mr. Keathley indicated that, since the State had just completed the reconstruction of Baseline Rd., all needed right-of-way should have been taken at that time. Staff responded that the survey which was supplied with the PD application showed inadequate right-of-way to meet the City's Master Street Plan requirements. Mr. Keathley responded that he would dedicate the right-of-way if that was required. The issue of the requirement to close the eastern -most drive was discussed. Mr. Keathley said that the drive is not used; it is, in fact, fenced off. Staff said that the driveway needs to be removed. The issue of the underground gasoline storage tanks was discussed. Mr. Keathley said that these had been properly abandoned; that he had the "paper work" on this. The Committee forwarded the item to the full Commission for the public hearing. PLANNING COMMIS ION ACTION: (APRIL 4, 1995) Staff reported that word had been received from the Neighborhood Association that the Association has no objection to the proposed PD -C, as amended. Staff also reported that he applicant had amended his request to eliminate the request for convertibility to all uses by right as listed in the C-3 zoning district to, 4 FELE AiD.: Z-5 3 -A Cont. instead, convertibility to (as well as a contractor's office with enclosed ship and exterior screened storage) all uses by right and conditional uses as listed in the C-1 zoning district, except for "cemetery or mausoleum", an "establishment for the care of alcoholic, narcotic, or psychiatric patients", and a "nursing or convalescent home". Mr. Bill Keathley, the applicant, presented his request. He pointed out that he is making use of an existing building which stood vacant for a number of years, and is making practical no structural changes. He said that he would clean up the site and would provide the required screening of the storage areas. He said, however, that he wanted to pursue his request for a waiver of Master Street Plan improvements along the Unity Ln. frontage of his site, saying that the street section on Unity Ln. from Baseline to the residential subdivision to the north is open ditch, without curbs and gutters, and has no sidewalk. He pointed out that there are non -conforming auto repair and salvage businesses both across Unity Ln. to the ease and behind his business to the north, and that the existing road section serves these two businesses, as well as his own. He said that it would not be reasonable to require a short section of curb and gutter street and a sidewalk, since neither would tie to anything, and he did not feel that the approval of his use of an existing building could warrant the expense of spending substantial funds for street improvements. There was no one in attendance who completed a registration card indicating objection to the proposal, so Chairperson Walker called the question. A recommendation for approval of the PD -C and approval of the requested waivers passed with the vote of 9 ayes, 0 nays, 0 abstentions, and 2 absent. 5 NAME• City Land Use Plan Amendment Geyer Springs East District LOCATION: East of Scott Hamilton either side of Baseline Road REQUEST: Change Classification SOURCE: Staff STAFF REPORT• A property owner requested "I-2" Industrial zoning at Unity Lane and Baseline Road. The Adopted Plan recommended single family and Staff recommended denial based on the Plan. At the public hearing before the Planning Commission, the applicant was able to convince the Commission that single family was not appropriate. This is due to the facts that three or four existing businesses are in place and only one home. However, the Commission would not approve industrial classification due to other concerns. Based on the results of the hearing, Staff agreed to review the area for possible amendment of the plan. At the March meeting of the Upper Baseline Neighborhood Association, Staff presented the situation and asked for neighborhood input, assistance. The Association appointed four or five members to work with the City Staff to determine if an amendment was appropriate and if so what the amendment should be. After review of the existing conditions, Staff believed a Mixed Office and Commercial classification would be appropriate north of Baseline Road. This would recognize the existing nonresidential use while still attempting to protect the single family homes to the north. At the meeting with the neighborhood committee, the issues were discussed. The neighbors were concerned that the residential pocket to the north would continue to be eaten away. It was decided to show the area north of Baseline Road for Mixed Office and Commercial but to draw a line on the plan, passed which no nonresidential should pass. This would be shown with an open space classification along a drainage ditch. In addition two existing churches would be recognized on the plan. STAFF RECOMMENDATION: Approval