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HomeMy WebLinkAboutZ-5946 Staff AnalysisFebruary 21, 1995 ITEM NO.: 5 FILE NO.: Z-5946 NAME: WESTERGARD -- SHORT -FORM PLANNED DEVELOPMENT - RESIDENTIAL LOCATION: On the east side of Arknsas Highway 300, approximately 600 feet south of the West Pinnacle Valley Road intersection, outside the City Limits DEVELOPER: LINDA R. WESTERGARD 7510 Highway 300 Little Rock, AR 72212 868-8905 AREA: 5.01 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Bed and Breakfast; antique shop; residence. PLANNING DISTRICT: 20 CENSUS TRACT: 42.05 VARIANCES REQUESTED: 1) Waiver from the Master Street Plan requirements to make road improvements along the Highway 300 frontage of the site. 2) Waiver from the requirements Regulations, which requires parking spaces. STATEMENT OF PROPOSAL: of Article VIII of the zoning paving of internal drives and The applicant proposes to utilize existing buildings located on the site as a "Bed and Breakfast" and as an antique shop, as well as to continue to reside on the site. The applicant owns 23 acres, but requests consideration of a 5.01 acre portion of the total acreage for designation as "Planned Development - Residential". The 5.01 acres includes a 5,500 square foot log home, in which the applicant lives and in which the Bed and Breakfast is proposed to'be established, and a large log barn of over 8,000 square feet in which the antique shop is proposed to be established. The remaining acreage is pasture land. The applicant anticipates, initially, utilizing three upstairs bed rooms (one being a 2 -room suite), each with a private bath room, for the Bed and Breakfast use. The second phase, to follow in one to two or more years, involves converting the lower floor of the existing barn into an antique shop. The antique- shop is to February 21, 1995 SUBDIVISION ITEM NO.: 5 Continued FILE NO.: Z-5946 be an "upscale" shop, capitalizing on the atmosphere of the log barn. The exterior of the barn will appear, except for closing in the ends, basically unchanged. The third phase involves an expansion of the Bed and Breakfast use to include the addition of two more bedroom areas, one additional bedroom involving the conversion of the existing garage to a bedroom suite; the other the use of a third floor area for a bedroom. The applicant proposes to erect a carved wood sign not larger than 3 feet by 4 feet at the driveway entrance to the existing home -Bed and Breakfast, and a similar sign at the driveway entrance to the antique shop. The existing driveway entrance from Highway 300 is proposed to be used for the residential and Bed and Breakfast use, and a second driveway at the north property line off Highway 300 is proposed to be constructed for access to the antique shop. The applicant states that it is their and their neighbor's desire that the site remain visually the same as it is, and requests a waiver from the requirement to pave the internal driveways and parking spaces. The applicant requests a waiver from the Master Street Plan requirement that State Highway 300 be improved to Minor Arterial standards, and that concrete aprons be provided at the entrance drives. The applicant states that the state has recently improved Highway 300, and that there are no plans to make further improvements within the next ten years. The applicant notes that, as part of the state widening and improving Highway 300, under -drive culvert pipe and paved aprons were provided for both drive locations. A. PROPOSAL/REQUEST: Review by the Planning Commission and approval by the Board of Directors for a ED -Residential is requested. waivers are requested from the requirements to make Master Street Plan improvements in the Highway 300 right-of-way, including the providing of concrete aprons within the right-of-way, or to pave internal driveways and parking spaces. B. EXISTING CONDITIONS: The site is outside the City Limits, in a rural setting. The residences are generally on large tracts. There are scattered neighborhood commercial uses in the area. There is a C-1 zone approximately 600 feet to the north of the proposed development, and scattered non -conforming commercial uses along Highway 300. The site is currently zoned R-2, with all land surrounding the site being R-2. 2 February 21, 1995 SUBDIVISION ITEM X10.: 5 C ntinued FILE NO.: Z-5946 C. ENGINEERING gTILITY COMMENTS: Public Works comments that: 1) right-of-way to provide a minimum of 45 feet from the centerline of Highway 300 will be required to be dedicated; 2) the stone fence at the entrance, which would, presumably, be on public right-of-way following dedication of additonal right-of-way, will either have to be removed or a franchise will need to be received from the county to leave the fence in its present location; 3) the Master Street Plan will require construction of one- half of Highway 300 to minor arterial standards, and street construction plans for road improvements will be required; 4) concrete driveway aprons within the Highway 300 right-of- way must be provided; and, 5) internal driveways and parking areas must be all-weather surfaces, and the driveways are to be a minimum of 24 feet in width. Water utilities comments that no City water service is available. Wastewater Utilities comments that the site is outside the Wastewater service boundary. Arkansas Power and Light Co. approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUESILEGAL/TECHNICAL/DESIGN: Neighborhoods and Planning Staff notes that: 1) The existing and proposed vehicle circulation system within the property is requested to remain gravel drives and parking. City regulations, Article'VIII of the Zoning Regulations, require these to be all- weather. 2) Sec. 36-456 requires that the location of handicapped parking stalls be provided and shown, and that the accessibility requirements stipulated by the Arkansas Fire Code be addressed. Handicapped parking and walkways must be provided, and these must be all- weather. The Building Codes division confirms that paved, reserved parking and accessibility of the building for the physically handicapped is required. 3) Landscape review comments that a six foot high opaque screen, either dense evergreen plantings or a good neighbor wooden fence, should be provided to screen the 3 February 21, 1995 SUBDIVISION ITEM NO.: 5 Continued FILE NO.: Z-5946 proposed parking lot for the antique shop from the property to the north. 4) Sec. 36-452 states that incidental commercial and office uses are permitted in the PUD and PD zoning districts. The Planning staff notes that the proposed use is in the Pinnacle District, and that the adopted Land Use Plan recommends single family uses. The PD -Residential is in conformance with the plan. The City Attorney's office comments that, in order for Master Street Plan improvements to be imposed, substantial change in use and intensity must be implemented. This application may not be a substantial enough change to warrant imposing these street improvements. E. ANALYSIS: The Bed and Breakfast use retains the residential character of the land, and as long as the antique shop is clearly an incidental use, it may be approved in the Planned District as an incidental use in a PD -R district. Limitations on the intensity of the antique shop use to maintain its "incidental" character must be established. The Neighborhoods and Planning staff spoke with a State Highway Department engineer, who confirmed the applicant's position that there are no plans which would be implemented in the next ten years to make additional improvements to Highway 300. The area is outside the City Limits, and it is not expected that the area will be annexed within the foreseeable future. The waiver of improvements in the right-of-way, as long as the right-of-way has been (or will be) dedicated, -is justified. The applicant states that, when the state widened and improved Highway 300, the issue of the franchise for the stone fence within the right-of-way was addressed. If a franchise has not been approved, this needs to be done. The interior drives are, and the proposed drives and parking areas are proposed to be, gravel. The applicant requests that this gravel suzface be retained in order to retain the rural atmosphere. If the gravel drives and parking areas are permitted, then some means needs to be provided to keep the gravel in the roadway or parking area. Handicap parking and access to buildings needs to be all-weather. 4 February 21, 1995 SUBDIVI I N ITEM NO.: 5 Continued FILE ND.: Z-5 Q 45 F. STAFF RECOMMENDATIONS: Staff recommends approval of the PD -Residential, subject to the establishment of guidelines to keep the antique shop use clearly incidental to the residential use of the property. The planning staff recommends approval of the waiver from the Master Street Plan requirements for Highway 300, including the requirement that concrete aprons be substituted for the existing paved aprons, subject to either verifying that the required right-of-way has been dedicated, or, if it has not, then dedicating the needed right-of-way, and subject to providing evidence that a franchise for the stone fence been granted by the County. The Planning staff recommends approval of the requested waiver from the requirement to pave the internal drives and parking areas, subject to: 1) providing paved handicap parking spaces, as required; 2) providing some type of borders along the gravel drives and parking areas to control the "creeping" or spreading of gravel beyond the designated drives or parking areas; and, 3) providing paving for a 100 foot section of the driveways from the edge of Highway 300 inward onto the applicant's property. SUBDIVISION COMMITTEE COMMENT: (FEBRIIARY 2, 1995) The applicants, Mrs. Linda Westergard, was present. She presented photographs of the site and a written narrative outlining the proposal. Staff reviewed with her the written comments in the discussion outline. The Public Works staff explained the Master Street Plan requirements for improvements to Highway 300, and noted the need for concrete aprons from the right-of-way line to the roadway. Public Works and Planning staff members discussed the requirements for paved parking and driveways. The Public Works staff indicated that they could probably support the requested wavier from the requirement to pave the internal driveways if there were a length of pavement provided at the right-of-way so that vehicles would not tack mud onto the roadway. The applicant noted that the original proposal had included a request for a "Tea Room" on the second f loor of the barn, but that, due to staff concerns, this request would be deleted from the application. The Committee forwarded the application to the Commission for the public hearing. 5 FILE NO.: Z-5 NAME: WESTERGARD -- SHORT -FORM PLANNED DEVELOPMENT - RESIDENTIAL LOCATION: On the east side of Arknsas Highway 300, approximately 600 feet south of the West Pinnacle Valley Road intersection, outside the City Limits DEVELOPER: LINDA R. WESTERGARD 7510 Highway 300 Little Rock, AR 72212 868-8905 AREA: 5.01 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USES: Bed and Breakfast; antique shop; residence. PLANNING DISTRICT: 20 CENSUS TRACT: 42.05 VARIANCES REQUESTED: 1) Waiver from the Master Street Plan requirements to make road improvements along the Highway 300 frontage of the site. 2) Waiver from the requirementS of Article VIII of the zoning Regulations, which requires paving of internal drives and parking spaces.'. STATEMENT OF PROPOSAL: The applicant proposes to utilize existing buildings located on the site as a "Bed and Breakfast" and as an antique shop, as well as to continue to reside on the site. The applicant owns 23 acres, but requests consideration of a 5.01 acre portion of the total acreage for designation as "Planned Development - Residential". The 5.01 acres includes a 5,500 square foot log home, in which the applicant lives and in which the Bed and Breakfast is proposed to be established, and a large log barn of over 8,000 square feet in which the antique shop is proposed to be established. The remaining acreage is pasture land. The applicant anticipates, initially, utilizing three upstairs bed rooms (one being a 2 -room suite), each with a private bath room, for the Bed and Breakfast use. The second phase, to follow in one is two or more years, involves converting the lower floor of the existing barn into an antique shop. The antique shop is to FILE NO.: Z=5946 Continued) be an "upscale" shop, capitalizing on the atmosphere of the log barn. The exterior of the barn will appear, except for closing in the ends, basically unchanged. The third phase involves an expansion of the Bed and Breakfast use to include the addition of two more bedroom areas, one additional bedroom involving the conversion of the existing garage to a bedroom suite; the other the use of a third floor area for a bedroom. The applicant proposes to erect a carved wood sign not larger than 3 feet by 4 feet at the driveway entrance to the existing home -Bed and Breakfast, and a similar sign at the driveway entrance to the antique shop. The existing driveway entrance from Highway 300 is proposed to be used for the residential and Bed and Breakfast use, and a second driveway at the north property line off Highway 300 is proposed to be constructed for access to the antique shop. The applicant 'states that it is their and their neighbor's desire that the site remain visually the same as it is, and requests a waiver from the requirement to pave the internal driveways and parking spaces. The applicant requests a waiver from the Master Street Plan requirement that State Highway 300 be improved to Minor Arterial standards, and that concrete aprons be provided at the entrance drives. The applicant states that the state has recently improved Highway 300, and that there are no plans to make further improvements within the next ten years. The applicant notes that, as part of the state widening and improving Highway 300, under -drive culvert pipe and paved aprons were provided for both drive locations. A. PROPOSAL RE UEST: Review by the Planning Commission and approval by the Board of Directors for a PD -Residential is requested. Waivers are requested from the requirements to make Master Street Plan improvements in the Highway 300 right-of-way, including the providing of concrete aprons within the right-of-way, or to pave internal driveways and parking spaces. - B. EXISTING CONDITIONS: The site is outside the City Limits, in a rural setting. The residences are generally on large tracts. There are scattered neighborhood commercial uses in the area. There is a C-1 zone approximately 600 feet to the north of the proposed development, 'and scattered non -conforming commercial uses along Highway 300. The site is currently zoned R-2, with all land surrounding the site being R-2. C. ENGINEERING/UTILITY COMMENTS: tublic works comments that: 1) right-of-way to provide a minimum of 45 feet from the centerline of Highway 300 will be required to be dedicated; 2) the stone fence at the 2 FILE NO.: Z-5946 Continued entrance, which would, presumably, be on public right-of-way following dedication of additonal right-of-way, will either have to be removed or a franchise will need to be received from the county to leave the fence in its present location; 3) the Master Street Plan will require construction of one- half of Highway 300 to minor arterial standards, and street construction plans for road improvements will be required; 4) concrete driveway aprons within the Highway 300 right-of- way must be provided; and, 5) internal driveways and parking areas must be all-weather surfaces, and the driveways are to be a minimum of 24 feet in width. Water Utilities comments that no City water service is available. Waste:: -ter Utilities comments that the site is outside the Wastewater service boundary. Arkansas Power and Light Co. approved the submittal without comment. The Fire Department approved the submittal without comment. D. ISSUES LEGAL TECHNICAL DESIGN: Neighborhoods and Planning Staff notes that: 1) The existing and proposed vehicle circulation system within the property is requested to remain gravel drives and parking. City regulations, Article VIII of the Zoning Regulations, require these to be all- weather. 2) Sec. 36-456 requires that the location of handicapped parking stalls be provided and shown, and that the _ accessibility requirements stipulated by the Arkansas Fire Code be addressed. Handicapped parking and walkways must be provided, and these must be all- weather. The Building Codes division confirms that paved, reserved parking and accessibility of the building for the physically handicapped is required. 3) Landscape review'comments that a six foot high opaque screen, either dense evergreen plantings or a good neighbor wooden fence, should be provided to screen the proposed parking lot for the antique shop from the property to the north. 4) Sec. 36-452 states that incidental commercial and office uses are permitted in the PUD and PD zoning districts. 3 FILE NO.: -Z-5946 ..(Continued The Planning staff notes that the proposed use is in the Pinnacle District, and that the adopted Land Use Plan recommends single family uses. The PD -Residential is in conformance with the plan. The City Attorney's office comments that, in order for Master Street Plan improvements to be imposed, substantial change in use and intensity must be implemented. This application may not be a substantial enough change to warrant imposing these street improvements. E. ANALYSIS• The Bed and Breakfast use retains the residential character of the land, and as long as the antique shop is clearly an incidental use, it may be approved in the Planned District as an incidental use in a PD -R district. Limitations on the intensity of the antique shop use to maintain its "incidental" character must be established. The Neighborhoods and Planning staff spoke with a State Highway Department engineer, who confirmed the applicant's position that there are no plans which would be implemented in the next ten years to make additional improvements to Highway 300. The area is outside the City Limits, and it is not expected that the area will be annexed within the foreseeable future. The waiver of improvements in the right-of-way, as long as the right-of-way has been (or will be) dedicated, is justified. The applicant states that, when the state widened and improved Highway 300, the issue of the franchise for the stone fence within the right-of-way was addressed. If a franchise has not been approved, this needs to be done. The interior drives are, and the proposed drives and parking areas are proposed to be, gravel. The applicant requests that this gravel surface be retained in order to retain the rural atmosphere. If the gravel drives and parking areas are permitted, then some means needs to be provided to keep the gravel in the roadway or parking area. Handicap parking and access to buildings needs to be all-weather. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PD -Residential, subject to the establishment of guidelines to keep the antique shop use clearly incidental to the residential use of the property. The planning staff recommends approval of the waiver from the Master Street Plan requirements for Highway 300, including the requirement that concrete aprons be substituted for the existing paved aprons, subject to either verifying that the required right-of-way has been dedicated, or, if it has not, then dedicating the needed right-of-way, and subject to providing evidence that a franchise for the 4 FILE NO.: Z-5946 (Continued) stone fence been granted by the County. The Planning staff recommends approval of the requested waiver from the requirement to pave the internal drives and parking areas, subject to: 1) providing paved handicap parking spaces, as required; 2) providing some type of borders along the gravel drives and parking areas to control the "creeping" or spreading of gravel beyond the designated drives or parking areas; and, 3) providing paving for a 100 foot section of the driveways from the edge of Highway 300 inward onto the applicant's property. SUBDTVTSION COMMITTEE COMMENT: (FEBRUARY 2, 1995) The applicants, Mrs. Linda Westergard, was present. She presented photographs of the site and a written narrative outlining the proposal. Staff reviewed with her the written comments in the discussion outline. The Public Works staff explained the Master Street Plan requirements for improvements to Highway 300, and noted the need for concrete aprons from the right-of-way line to the roadway. Public Works and Planning staff members discussed the requirements for paved parking and driveways. The Public Works staff indicated that they could probably support the requested wavier from the requirement to pave the internal driveways if there were a length of pavement provided at the right-of-way so that vehicles would not tack mud onto the roadway. The applicant noted that the original proposal had included a request for a "Tea Room" on the second floor of the barn, but that, 'due to staff concerns, this request would be deleted from the application. The Committee forwarded the application to the Commission for the public hearing. PLANNING COMMISSION ACTION: (FEBRUARY 21, 1995) Staff reported that the City Attorney's office had reviewed the proposed uses of the PZD, and had determined that, with the mixture of uses, it needed to proceed under the PUD ordinance as a PRD. Staff recommended approval of the PRD, subject to the future antique shop being secondary and accessory to the residential uses of the property. Staff recommended approval of the requested waiver for improvements to Highway 300, subject to the applicant seeking and receiving a franchise from the County for the existing rock fence at the driveway entrance. Staff recommended approval of the requested wavier for improvements to the interior driveways and parking areas, subject to the first 100 feet of the driveways being paved to keep mud and gravel from being tracked onto the Highway 300 pavement; subject to edging being provided to keep the gravel contained in the driveways; and, Rubject to paved handicap parking spaces and walks, as required, being provided. The item was approved with the vote of 8 ayes, 0 nays, 3 absent, and 0 abstentions. < 1�, 5