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HomeMy WebLinkAboutZ-6020 Staff AnalysisFILE NO.: Z-6020 NAME: RAMSER -- SHORT -FORM PLANNED DEVELOPMENT -OFFICE LOCATigN: On the east side of Taylor Loop Rd., approximately 0.1 mile south of Cantrell Rd., at 16714 Taylor Loop Rd. DEVELOPER: ENGINEER: Forrest C. Marlar, Jr. GEORGE M. RAMSER, MA, LPC MARLAR ENGINEERING CO., INC. 2120 Beckenham Cove 5318 John F. Kennedy Blvd. Little Rock, AR 72212 North Little Rock, AR 72216 227-9055 753-19087 AREA: 0.434 ACRE NUMBER OF LOTS: 1 FT. NEW STREET: 0 BONING: R-2 PROPOSED USES: Professional Office PLANNING DISTRICT: 19 CENSUS TRACT: 42.06 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: The applicant, a licensed professional counselor, proposes to remodel the existing house located on the property, and use the structure for his individual counseling practice. No other use, nor convertibility to any other use but his own, is requested. No other improvements or additions to the property are proposed. He states that the hours of operation are, typically, from 9:00 AM to 5:00 PM, Monday through Friday. He sees one patient at a time, and anticipates that the number of vehicles using the parking area would-be one per hour. - The applicant acknowledges that dedicating the required right-of- way for Taylor Loop Rd. will put the structure he plans to remodel and occupy partially within the right-of-way. The applicant wishes to enter into a contractual agreement with the City to limit the appraised value of the structure to that of a residence, in lieu of being appraised as an office use, when and if the City improves Taylor Loop Rd. and needs to buy the structure. The applicant states that he may not occupy the structure for his practice on a long-term basis, and, that quite possibly, the use will have reverted to residential use by the time Taylor Loop Rd. is improved. FILE Z- 2 (Cont.) A. B. C. PR Pd AL RE UEST• Planning Commission review and Board of Directors approval is requested for establishment of a Planned Development - Office. Approval is requested for a contractual arrangement which will permit the applicant to use the building (although the right--of-way dedication will cause the building to partially lie within the right-of-way), yet limit the value of the building to its value as a residential structure in lieu of a value as an office building, should the City need to acquire the structure as part of a street improvement project for Taylor Loop Rd. EXISTING CONDITIONS: The existing development on the lot consists of a 1034 square foot, single -story, frame and stucco, "slab -on -grade" residence, with a front porch across the front of the house. The residential structure is located as close as 6.4 feet behind the existing Taylor Loop Rd. right-of-way line. There is an asphalt driveway which lies along the north side of the home. The site is zoned R-2, as is all surrounding land. ENGINEERING UTILITY COMMENTS: Public Works comments: Dedicate right-of-way for Taylor Loop Rd.; 45, from centerline is required. Dedication of right-of-way will take the front portion of the building into the street right-of-way. A grading permit and SFHA Development Permit are required prior to any construction, including remodeling. Traffic Engineering recommends denial of the request due to insufficient information provided. Stormwater detention and other provisions of the Ordinance will apply if the project involves building construction. Water Works comments that water service in available to the front tract, but not to the rear tract. Wastewater comments that a sewer main extension, with easements, will be required in order to provide service to this site. 2 FILE Z- 020 Cont. Arkansas Power and Light Co. did not respond. Arkansas Louisiana Gas Co. did not respond. Southwestern Bell Telephone Co. approved the submittal. The Fire Department approved the submittal without comment. The Neighborhoods and Planning Site Plan Review Specialist commented that: A 6' high opaque screen is required to screen all business activity from the residential property to the north and south. This screen may either be wooden fence with its face directed outward, or be dense evergreen plantings. One tree (Min. 2" caliper at planting) and one shrub (Min. 18" in height at planting) will be required along the north and south site perimeters. Credit can be given for existing trees. The parking lot will be required to be brought into compliance with the Landscape Ordinance. D. I SUES LEGAL TECHNICAL DESIGN: Normally, if an existing building either lies in the right- of-way or, by dedication of additional right-of-way, comes to encroach into the right-of-way, Public Works can grant a franchise for the building to remain in the right-of-way until there is a need for the structure to be removed. This could be the solution in this case --that the dedication of the required right-of-way for Taylor Loop Rd. which will cause a portion of the building (probably the entire front porch) to be within the right -of -way --except for the fact that, once the. property use is changed to an office use, the appraised value of the property increases, and, if the City is required to buy the building as part of the street improvement project, will have to pay an inflated price due to this zoning change. The City does not want to be in this position. Public Works does not want to grant a franchise for the building, then have to pay for an office building in lieu of a residence at some time in the future. Consequently, Public Works and the City Attorney's office recommend that the planned development be denied. E. ANALYSIS: The applicant wants to remodel a small home for use in his counseling practice. He wants to retain as much of the residential character of the property as possible. He does not anticipate a long-term (10 or 20 year) occupancy of the building. The problem created by dedicating right-of-way 3 FILE Z-(Cont, Mr. Steve Giles, Deputy City Attorney, explained that either the applicant can ask for a waiver of the right-of-way dedication, or could dedicate the right -of --way and seek a franchise for use of the right-of-way until such time that the City widens Taylor Loop Rd., needs the right-of-way, and revokes the franchise. At that time, he said, the building would be required to be removed from the right-of-way. He explained that, if the City has the dedication deed in hand, even if the rezoning takes place and the value of the property is increased, the City will not have to purchase the portion of the building which encroaches into the right-of-way; the City simply orders the building removed. Mr. George Ramser, the applicant, addressed the issues. He said that he would be willing to dedicate the right-of-way and seek a franchise for use of that portion of the building which will lie within the right-of-way. He said that his use of the building would probably be in the 5 to 7 years time frame, and that he would probably vacate the building prior to the City being in a position to make improvements to the portion of Taylor Loop Rd. which would affect his property. He said that, should he discontinue the use of the building for his counseling business, he would use it as a residential rental property. He explained that he wants to retain the residential character of the building and property. Mr. Giles asked Mr. Ramser if he understood that, if the City has need of the right-of-way, a notice would be sent to him and he would have to make arrangements to vacate, or have a tenant vacate, the structure. Mr. Ramser acknowledged this. Mr. John Woodall, identifying* himself as living next door to the subject property, spoke in opposition to the request. He said that his father had built the subject home in 147; that it is so old and in need of so many repairs, that it is vacant and un- livable at this time. He said that the subject house is "right in the middle of a lot of houses", and that the neighbors would prefer the house to remain as a residence. Commissioner Ball asked if, indeed, the property is in a residential area, if an office use is appropriate. Staff explained that the adopted Land Use Plan shows the area to be Transition Zone; that office is appropriate, if a planned development is the means of achieving the rezoning. Staff explained that the proposed counseling use is a very low intensity use, with one patient per hour in and out, and that there is no land use issue involved. Ms. Pat Trumpeheller, identifying herself as residing behind Mr. Woodall, spoke in opposition to the request, saying that she wanted to retain the use of the area as a residential neighborhood. 5 FILE Z- 20(Contj Ms. Mary Woodall, identifying herself as a neighbor, spoke in opposition to the request. She asked why, if the use is going to be of such low intensity, a parking lot is needed. She also contended that the neighbors are maintaining the property. Chairperson Walker restated the issue and placed the item before the Commission for approval. The item was approved with the vote of 7 ayes, 1 nay, 2 absent, 0 abstentions, and 1 open position. 6 September,19, 1995 ITEM 4 FILE NO NAME: RAMSER -- SHORT -FORM PLANNED DEVELOPMENT -OFFICE LOCATIM: On the east side of Taylor Loop Rd., approximately 0.1 mile south of Cantrell Rd., at 16714 Taylor Loop Rd. DEVELOPER: ENGINEER: Forrest C. Marlar, Jr. GEORGE M. RAMSER, MA, LPC MARLAR ENGINEERING CO., INC. 2120 Beckenham Cove 5318 John F.^Kennedy Blvd. Little Rock, AR 72212 North Little Rock, AR 72216 227-9055 753-19087 AREA: 0.434 ACRE HOMER OF LOTS: 1 FT. NEW STREET: 0 Z I R-2 PROPOSED USES: Professional Office PLANNING DISTRICT: 19 CE SII TRACT: 42.06 VARIANCES RE UE TED: None STATEMENT OF PROPOSAL: The applicant, a licensed professional counselor, proposes to remodel the existing house located on the property, and use the structure for his individual counseling practice. No other use, nor convertibility to any other use but his own, is requested. No other improvements or additions to the property are proposed. He states that the hours of operation are, typically, from 9:00 AM to 5:00 PM, Monday through Friday. He sees one patient at a time, and anticipates that the number of vehicles using the parking area would be one per hour. The applicant acknowledges that dedicating the required right-of- way for Taylor Loop Rd. will put the structure he plans to remodel and occupy partially within the right-of-way. The applicant wishes to enter into a contractual agreement with the City to limit the appraised value of the structure to that of a residence, in lieu of being appraised as an office use, when and if the City improves Taylor Loop Rd. and needs to buy the structure. The applicant states that he may not occupy the structure for his practice on a long-term basis, and, that quite possibly, the use will have reverted to residential use by the time Taylor Loop Rd. is improved. September 19, 1995 BDIVz I ITEM D.: 4IQnt. FILE z-6Q20 A. PRgPQSALIREQUEaT: Planning Commission review and Board of Directors approval is requested for establishment of a Planned Development - office. Approval is requested for a contractual arrangement which will permit the applicant to use the building (although the right-of-way dedication will cause the building to partially lie within the right-of-way), yet limit the value of the building to its value as a residential structure in lieu of a value as an office building, should the.'City need to acquire the structure as part of a street -improvement project for Taylor Loop Rd. B. ExISTING CQNDITIONS: The existing development on the lot consists of a 1034 square foot, single -story, frame and stucco, "slab -on -grade" residence, with a front porch across the front of the house. The residential structure is located as close as 6.4 feet behind the existing Taylor Loop Rd. right-of-way line. There is an asphalt driveway which lies along the north side of the home. The site is zoned R-2, as is all surrounding land. C. ENGINEERINGIUTILITY COMMENTS: Public Works comments: Dedicate right-of-way for Taylor Loop Rd.; 45, from centerline is required. Dedication of right-of-way will take the front portion of the building into the street right-of-way. A grading permit and SFHA Development Permit are required prior to any construction, including remodeling. Traffic Engineering recommends denial of the request due to insufficient information provided. Stormwater detention and other provisions of the Ordinance will apply if the project involves building construction. Water Works comments that water service in available to the front tract, but not to the rear tract. Pa September-19, 1995 SUBDIVISION ITEM 4 Con.t. FILE N1Q. : -6i12a Wastewater comments that a sewer main extension, with easements, will be required in order to provide service to this site. Arkansas Power and Light Co. did not respond. Arkansas Louisiana Gas Co. did not respond. Southwestern Bell Telephone Co. approved the submittal. The Fire Department approved the submittal without comment. The Neighborhoods and Planning Site Plan -Review Specialist commented that: A 6' high opaque screen is required to screen all business activity from the residential property to the north and south. This screen may either be wooden fence with its face directed outward, or be dense evergreen plantings. One tree (Min. 2" caliper at planting) and one shrub (Min. 18" in height at planting) will be required along the north and south site perimeters. Credit can be given for existing trees. The parking lot will be required to be brought into compliance with the Landscape Ordinance. D. IS UES LEGAL TECHNICAL DESIGN: Normally, if an existing building either lies in the right- of-way or, by dedication of additional right-of-way, comes to encroach into the right-of-way, Public Works can grant a franchise for the building to remain in the right-of-way until there is a need for the structure to be removed. This could be the solution in this case --that the dedication of the required right-of-way for Taylor Loop Rd. which will cause a portion of the building (probably the entire front porch) to be within the right -of -way --except for the fact that, once the property use is changed to an office use, the appraised value of the property increases, and, if the City is required to buy the building as part of the street improvement project, will have to pay an inflated price due to this zoning change. The City does not want to be in this position. Public Works does not want to grant a franchise for the building, then have to pay for an office building in lieu of a residence at some time in the future. Consequently, Public Works and the City Attorney's office recommend that the planned development be denied. 3 September'19, 1995 :.0 KOR I ITEM NQ.1 4 (CQnt, FILE NO.: 7.-5 2fl E. ANALYSIS• The applicant wants to remodel a small home for use in his counseling practice. He wants to retain as much of the residential character of the property as possible. He does not anticipate a long-term (10 or 20 year) occupancy of the building. The problem created by dedicating right-of-way and, at the same time, rezoning the property for a "higher" use should be able to be resolved through a contractual arrangement with the City which will limit the City's liability when and if the building is purchased as part of the widening of Taylor Loop Rd. If such an 'arrangement cannot be approved, then the City Attorney's office recommends denial of the Planned Development. The application is for the benefit exclusively of this particular applicant and his use; no convertibility is proposed. The use of the property will revert to residential use if the applicant ceases to occupy the property. The Planning Staff reports that the site is located in the Chenal District. The adopted Land Use Plan recommends "Transition Zone". The proposed use is consistent with the Plan, and the Planned Development is the proper means of pursuing the rezoning. F. STAFF RECOMMENDATIONS: Staff recommends approval of the PD-O, subject to the City Attorney's office being able to approve a contractual arrangement to limit the City's liability in the event that the structure, once it is within the right-of-way after the required dedication, is required to be purchased as part of a Taylor Loop Rd. widening project, and if Public Works grants a franchise for the occupancy of the building of its place on public right-of-way. If these arrangements cannot be made, then staff recommends denial of the PD-O. SUBDIVISION COMMITTEE COMMENT: (AUGUST 31, 1995) Mrs. Dafney Ramser, representing the applicant, was present. Staff outlined the requested Planned Development to the Committee members, and the Committee members reviewed the discussion outline and discussed the issues raised with Mrs. Ramser. Mrs. Ramser said that she would relate the discussion items to her husband, and that Mr. Ramser would be in contact with staff within a few days. The Committee forwarded the request to the full Commission for the public hearing. 4 September-19, 1995 HDIVI Y ITEM 4(Cont.)FILE Z' PiANUTUN2 CCMMISSICN ACTIQri: (SEPTEMBER 19, 1995) Mr. George Ramser, the applicant, was present. Staff outlined the proposal, and explained that, with the rezoning and the required right -cif -way dedication, at least the front porch of the house would be located within the Taylor Loop Rd. right-of-way. Staff asked Deputy City Attorney to address the right-of-way dedication issue. Mr. Steve Giles, Deputy City Attorney, explained that either the applicant can ask for a waiver of the right-of.=way dedication, or could dedicate the right-of-way and seek a franchise for use of the right-of-way until such time that the City widens Taylor Loop Rd., needs the right-of-way, and revokes the franchise. At that time, he said, the building would be required to be removed from the right-of-way. He explained that, if the City has the dedication deed in hand, even if the rezoning takes place and the value of the property is increased, the City will not have to purchase the portion of the building which encroaches into the right-of-way; the City simply orders the building removed. Mr. George Ramser, the applicant, addressed the issues. He said that he would be willing to dedicate the right-of-way and seek a franchise for use of that portion of the building which will lie within the right-of-way. He said that his use of the building would probably be in the 5 to 7 years time frame, and that he would probably vacate the building prior to the City being in a position to make improvements to the portion of Taylor Loop Rd. which would affect his property. He said that, should he discontinue the use of the building for his counseling business, he would use it as a residential rental property. He explained that he wants to retain the residential character of the building and property. Mr. Giles asked Mr. Ramser if he understood that, if the City has need of the right-of-way, a notice would be sent to him and he would have to make arrangements to vacate, or have a tenant vacate, the structure. Mr. Ramser acknowledged this. Mr. John Woodall, identifying himself as living next door to the subject property, spoke in opposition to the request. He said that his father had built the subject home in 147; that it is so old and in need of so many repairs, that it is vacant and un- livable at this time. He said that the subject house is "right in the middle of a lot of houses", and that the neighbors would prefer the house to remain as a residence. Commissioner Ball asked if, indeed, the property is in a residential area, if an office use is appropriate. 5 September► 19, 1995 - BDIVI I ITEM(Cont;.)FILE 7—An 0 Staff explained that the adopted Land Use Plan shows the area to be Transition Zone; that office is appropriate, if a planned development is the means of achieving the rezoning. Staff explained that the proposed counseling use is a very low intensity use, with one patient per hour in and out, and that there is no land use issue involved. . Ms. Pat Trumpeheller, identifying herself as residing behind Mr. Woodall, spoke in opposition to the request, saying that she wanted to retain the use of the area as a residential neighborhood. Ms. Mary Woodall, identifying herself as a nei-ghbor, spoke in opposition to the request. She asked why, if the use is going to be of such low intensity, a parking lot is needed. She also contended that the neighbors are maintaining the property. Chairperson Walker restated the issue and placed the item before the Commission for approval. The item was approved with the vote of 7 ayes, 1 nay, 2 absent, 0 abstentions, and 1 open position. r