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HomeMy WebLinkAboutZ-5959 Staff AnalysisFILE NO.: Z- Cont. Street Plan improvements for Old Shackleford Rd. is requested. B. EXI$TING CONDITION$: There is a residential structure currently located on the property. The structure is a brick and frame, 1,700 square foot building, and there is a concrete drive extending from Old Shackleford Rd. to the carport enclosure. The site is zoned R-2, with R-2 zoned property to the south and directly to the west. Across Old Shackleford Rd. to the east is a PCD. Abutting the property to the north is a large PCD which is the Summit Mall PCD site. C. ENGINEERING ❑TILITY COMMENTS: Public Works Comments: 1) Dedication of additional right-of-way to provide a minimum of one-half of a 60 foot wide commercial street right-of-way is required. 2) Construction of one-half street improvements for Old Shackleford Rd. will be required. (One-half of a 36 foot wide street section.) Public Works recommends that a waiver or deferral of the required improvements not be granted. 3) Required storm drainage must be installed. Stormwater detention for the added runoff must be provided. 4) Only one driveway per 300 feet of frontage is allowed by the Ordinance. One of the driveways off Old Shackleford Rd. must be removed. A concrete apron is required from the right-of-way line to the edge of the street. 5) A sidewalk is required to be provided along the frontage of the site. Water Works had no comments of this item. Wastewater comments that sewer main extensions, with easements, will be required. Arkansas Power and Light Co. did not provided comments on the proposed PD. Arkansas Louisiana Gas Co. approved the submittal without comment. Southwestern Bell Telephone Co. approved the submittal without comment. E FILE ND.: Z- Cont. The Fire Department approved the submittal without comment. D. ISSUESILLGAL TECHNICALIDESIGN: The subject property has, evidently, never been platted, since the property is described by "Metes and Hounds". If a plat is prepared, the required dedication of additional right-of-way along Old Shackleford 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 has requested a deferral from the required Master Street Plan improvements to Old Shackleford Rd. "until such time as the surrounding area develops and matures commercially". Landscape review comments that a 6 foot high opaque screen is required along the southern perimeter to screen business activity from the adjacent residential zoned property. This screen may be a wood fence with its face directed outward or dense evergreen plantings. The Planning Division comments that the site is in the I-430 Planning District. The adopted Land Use Plan recommends Mixed Office -Commercial uses. Any commercial use should encourage a mixed office/commercial area; C-4 type uses are not desirable. E. ANALYSIS• The types of uses listed in the C-4 zoning district, which might be similar in intensity to the applicant's presumed activities, include: auto repair garage; machinery sales and service; office warehouse; plumbing, electrical, and air conditioning and heating shops; service station with limited motor vehicle repair; small engine repair; etc. The C-1 zoning district uses which might be similar in intensity to the possible types of uses are: hardware store; medical appliance sales; general office; tool and equipment rental with inside display only; etc. The 0-3 zoning district uses which might be applicable to the applicant's type of operation include: general office or office showroom/warehouse. Whether the proposed use in conflict or in conformance with the Land Use Plan depends on the intensity of the service, repair, and maintenance work performed on the tools and equipment, and on the amount of warehousing of tools and equipment at the facility. The applicant needs to discuss more fully his operation, and deal with such matters as noise which results from air compressor repair or air -driven tool maintenance and demonstration. The applicant needs to describe more fully 3 FILE Z- (Cont. the character of the sales office aspect versus the repair and maintenance of equipment aspect of the operation. The PCD which �as approved for the Summit Mall is immediately adjacent to the applicant's property to the north. If this mall site is developed, the character of the area will change dramatically, and will affect the types of uses recommended for the area. Presently, though, Old Shackleford Rd. has, for the most part, retained its residential character. There are residences, used as residences, on both side of the full length of Old Shackleford Rd. (Even the PCD directly across Old Shackleford Rd. which is a key shop is a residential, structure.) Deferrals from required Master Street Plan improvements are not normally granted for undetermined lengths of time. Normally, when deferrals are approved, a specified time, generally in 5 -year increments, is imposed. F. STAFF RECOMMENDATIONS Q Staff recommends denial of the PD, unless it can be ascertained by the Commission that the proposed use is primarily "office" and "office showroom/warehouse,, as listed in the 0-3 district regulations, or is similar in intensity to those uses listed in the C-1 zoning district, such as hardware store, medical appliance sales, tool and equipment rental with inside display only; etc. If the PD is recommended for approval, the Planning staff recommends that the required right-of-way be dedicated and the required Master Street Plan improvements be deferred for a maximum of 5 years, or until there is other substantial development along Shackleford Rd. -Old Shackleford Rd. in the vicinity. SUBDIVISION COMMITTEE QOMMENT: (MARCH 16, 1995) Mr. Marty Donley, the applicant, and Mr. Ben Rittler, the project surveyor, were present. Staff outlined the proposal, and Mr. Donley and Mr. Rittler reviewed the staff comments contained in the discussion outline. The Committee members reviewed the plan and discussed the applicant's proposed PD application. The Public Works staff discussed the Public Works comments, and pointed out that the residential driveway must be eliminated; that only the one new driveway would be permitted. The matter of the requirement for Master Street Plan improvements along the Old Shackleford Rd. frontage of the site was discussed, and the applicant indicated that he would seek a deferral of these improvements from the Board of Directors. The Committee forwarded the item to the Commission for the public hearing. 4 FILE NO.. Z-5952 (Cont.) PLANNINGLICOMMI Y N ACTTQN: (APRIL 4, 1995) The item had been recommended by staff for inclusion on the Consent Agenda for Approval. Staff reported that the applicant had submitted an explanatory letter regarding the types of activities to be undertaken in his business; that the existing residential structure will be devoted to office uses and the new 40 foot by 60 foot building will be, primarily, warehousing, with one small corner (500 square feet) at the northwest corner of the new building being devoted to repair of tools and compressors; and, that the new building will be fully insulated to buffer noise. Staff had recommended approval of the PD -C as requested, including approval of a deferral of the Master Street Plan improvements to Old Shackleford Rd.. A representative of the abutting property owner to the south was present, however, and indicated that he was in opposition to the request; therefore, Chairperson Walker reported that the item would be removed from the Consent Agenda, and would be heard on the Regular Agenda. Mr. Rusty Byrne, indicating that he was representing Mr. Nick Baldwin, the owner of the property abutting the subject site to the south, was present. He indicated that there are a number of homes on Old Shackleford Rd., and that he had searched for such a residential area prior to moving into the home in which he lives. He said that he objected to the commercial use and possible noise which the rezoning would bring. Staff pointed out that the abutting property to the north is the PCD for the Summit Mall, and that, if the Summit Mall develops as has been indicated, the character of the area will change radically. Staff also pointed out that, if the Summit Mall develops, any interim street work by the applicant to Old Shackleford Rd. will be wasted, and staff recommended that the applicant's request for a deferral be recommended for approval. Mr. Marty Donley, the applicant outlined his proposal, including the request for the deferral of street improvements to Old Shackleford Rd. He reported that, if the Summit Mall is developed, he would have no opposition to participating in the improvements to Old Shackleford Rd. along the frontage of his property. Staff responded that it is not customary to deferrals to be granted without a "day certain" for the improvements to be made, noting that, if there is no change at the expiration of the deferral time period, the applicant can request an extension of the deferral period. Staff recommended that a five-year deferral be requested of the Board of Directors, or, a deferral until there is a street improvement project entailing Master Street Plan improvements to Old Shackleford Rd. as part of other development in the area, or whichever comes earlier. E FILE NO.. Z-5959 (Cont.) A motion was made and seconded to approve the PD -C, and to recommend approval of a five-year deferral, or a deferral until there is a street construction project which involves the portion of old Shackleford Rd. along the applicant's frontage of the street which is in conjunction to other development in the area, whichever comes earlier. The motion carried with the vote of 8 ayes, 1 nay, 0 abstentions, and 2 absent. 6 FILE NO.: Z-59 9 NAME: DONLEY -- SHORT -FORM PLANNED DEVELOPMENT - COMMERCIAL LO ATIO : On the west side of Old Shackleford Road, south of the Shackleford Road intersection, at 3204 Old Shackleford Road. DEVELOPER: SURVEYOR: Marty Donley Ben Kittler, Jr. ARKANSAS POWER TOOL BEN KITTLER, JR., LAND SURVEYOR 9015 Kanis Rd. 6133 Dena Dr. Little Rock, AR 72205 Little Rock, AR 72206 227-5995 888-3960 AREA: 1.3 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED ❑SES_: Commercial PLANNING DISTRICT: 11 CENSUS TRACT: 24.04 VARIANCES RE VESTED: Approval of a deferral of Master Street Plan improvements. TATRMENT OF PROPOSAL: The applicant proposes a Planned Development -Commercial in order to establish a business for the rale and servicing of air operated nailers and staplers, and the sale, repair, and maintenance of air compressors. The site is a 1.4 acre tract with 150 feet of frontage on Old Shackleford Rd. The site contains a 1,700 square foot brick and frame residential structure which is proposed to be retained and used for office space. A 40 foot by 50 foot metal building is proposed to be added abutting the residential structure and used for shops and warehousing. The hours of operation are stated to be from 7:30 AM to 5:00 PM, Monday through Friday. The applicant proposes that, in addition to air operated nailer and stapler and air compressor business use requested, the PD be approved for conversion to all uses by right listed in the C-3 zoning district. The applicant proposes that the required Master Street Plan improvements to Old Shackleford Rd. be deferred until "the surrounding area develops and matures commercially". A. PR P AL RE E T• 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 deferral of the Master