Loading...
HomeMy WebLinkAboutZ-6034-B Staff AnalysisFILE NO.: Z -6034-B NAME: A Top of the Ladder — 2 Short -form PCD LOCATION: 8405 Stanton Road DEVELOPER: A Top of the Ladder, LLC 8405 Stanton Road Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Tracy Marshall, A Top of the Ladder, owner and agent SURVEYOR/ENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 Woods Group Architects AREA: 0.45 acres NUMBER OF LOTS: 1 WARD: 2 PLANNING DISTRICT: 14 CURRENT ZONING: R-2 ' FT. NEW STREET: 0 LF CENSUS TRACT: 41.07 ALLOWED USES: Single family residential. Occupied by a non -conforming non- residential building which has lost its non -conforming status. PROPOSED ZONING: PCD, Planned Commercial Development District PROPOSED USE: Mixed Office and Retail VARIANCE/WAIVERS: 1. Reduced land use buffer on north perimeter for new driveway to the rear parking lot. FILE NO.: Z -6034-B (Cont. BACKGROUND: This four -suite commercial building was constructed prior to this area being annexed into the City in 1982. At its annexation, the property was zoned R-2, rendering the property non -conforming. In 1995, the commission approved a conditional use permit to allow use of the building and property for a small private school. That use has vacated the building. On December 13, 2018, the commission heard a request to rezone the property to PCD planned commercial development to allow for use of the existing building for a mixture of office and commercial uses, including a restaurant. A new, 10 -space parking lot was proposed to be constructed behind the building with access to be from a new driveway located between the north side of the building and the north property line. Days and hours of operation were proposed as 7:00 a.m. to midnight, seven days a week. Staff did not support the proposed PCD, thinking the level of activity generated by the proposed restaurant and the extended hours of operation were not appropriate for this site. Letters of support, with conditions, had been submitted by SWLRUP and the Upper baseline Neighborhood Association. The owner of the property adjacent to the north spoke in opposition. The commission voted to deny the request with a vote of 2 ayes, 9 noes and 0 absent. The applicant subsequently filed an appeal to be heard by the Board. In that appeal, the applicant stated she was dropping the proposed restaurant from the application and was limiting the hours of operation to 8:00 a. m. to 8:00 p. m., seven days a week. Since the application was substantially different from that reviewed by the commission on Dec. 13, 2018, staff recommended and the applicant agreed to drop her appeal and to file his new application. A. PROPOSAUREQUEST/APPLICANT'S STATEMENT - The applicant is proposing to rezone the site to PCD planned commercial development to allow for use of the existing building for a limited mixture of office and commercial uses. The proposed uses within the four suites are general and professional office space, a beauty products supply store and a beauty/barber shop. Hours of operation are proposed to not exceed 8:00 a.m. to 8:00 p.m., seven days a week. A ten space parking lot is proposed to be constructed behind the building. Access to that new parking area will be via a new driveway to be located between the north side of the building and the north property line. The new parking lot will comply with landscape and buffer requirements in all areas save one. A variance is requested to allow a reduced buffer and landscape strip between the new driveway and the north property line. EXISTING CONDITIONS - The site contains a one-story, 4,750 square foot commercial building and an asphalt -paved, 9 space parking lot. The site has two driveways from Stanton Road. Single family properties are located to the north, south and west (across Stanton Road). A mobile/manufactured home park is located to the east. 2 FILE NO.: Z -6034-B (Cont. C. NEIGHBORHOOD COMMENTS: Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Upper Baseline and SWLRUP Neighborhood Associations. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 for the new parking lot. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this site. FOG (Grease Interceptor) Analysis required. Entergy: Entergy does not object to this proposal. However, there appears to be an existing underground service line to this structure. Care should be used in the construction of the new parking area. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Ener : No comments received. AT&T: No comment received. Central Arkansas Water: No comments received. Fire Department: No comments. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: No comments. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. A land use buffer six (6) percent of the average width/depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The properties to the north, south, and east are zoned R-2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, six (6) feet in height shall be required upon the property 3 FILE NO.: Z -6034-B (Cont. line side of the buffer. In addition to the required screening, buffers are to be at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. The north and south perimeter planting strips are deficient. 4. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 5. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 6. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 7. The City Beautiful Commission recommends trees as feasible on this site. Credit toward requirements can be given when preserving or larger. G. TRANSPORTATION/PLANNING: Rock Region Metra: No comments. preserving as many existing fulfilling Landscape Ordinance trees of six (6) inch caliper Planning Division: No comments. H. SUBDIVISION COMMITTEE COMMENT: (February 20, 2019) The applicant was present. Staff presented the item and informed the committee of the changes from the Dec. 13, 2018 application. Staff stated no additional information was needed. The applicant confirmed the use mix was proposed to include offices, a beauty supply store and a barber/beauty shop. The comments and notes from the various reviewing agencies were unchanged from the earlier application. The committee determined there were no other issues and forwarded the item to the full commission. 0 FILE NO.: Z -6034-B (Cont. ANALYSIS The request is a PCD zoning for the property located at 8405 Stanton Road. This R-2 zoned property is occupied by a 4,750 square foot commercial style building that was constructed prior to this area's annexation into the City. A nine -space asphalt paved parking lot is located at the front of the property. The building lost its non -conforming status due to inactivity and the PUD process is required. Subsequent to a December 13, 2018 planning commission denial, the applicant revised and resubmitted her application. The principal changes are a reduction in hours of operation to 8:00 a.m. to 8:00 p.m., seven days a week and the elimination of a proposed restaurant. The uses now include general and professional office, a beauty products supply store and barber/beauty shop. The new 10 -space parking lot is still proposed to be constructed behind the building. Access to that new parking lot will be via a new driveway on the north side of the building. A variance is requested to allow for a reduced land use buffer and landscape strip on that north side. A six-foot tall wood privacy fence, finished side facing outward, is to be constructed along that north perimeter as well as on all perimeters of the new parking lot. Staff is now supportive of the requested PCD rezoning. The proposed uses appear to staff to be reasonable for reuse of this commercial style building and should better fit in with the neighborhood. Staff believes the dumpster should be screened as per city code and dumpster service hours should be limited to 7:00 a. m. — 6:00 p. m., Monday — Friday. J. STAFF RECOMMENDATION: Staff recommends approval of the requested PCD subject to compliance with the following conditions: 1. Compliance with the comments and conditions outlined in paragraphs D, E and F and the staff analysis in the agenda staff report. 2. The dumpster is to be screened to comply with City code. 3. Dumpster service hours are to be limited to 7:00 a.m. — 6:00 p.m., Monday — Friday. 4. A six foot tall wood privacy fence, finished side facing out, is to be constructed along the north perimeter of the site as well as on all perimeters of the new parking lot. PLANNING COMMISSION ACTION: (MARCH 14, 2019) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and 5 FILE NO.: Z -6034-B (Cont. approved as recommended by staff, including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent. C. FILE NO.: Z -6034-A NAME: A Top of the Ladder Short -form PCD LOCATION: 8405 Stanton Road DEVELOPER: A Top of the Ladder 8405 Stanton Road Little Rock, AR 72209 OWNER/AUTHORIZED AGENT: Tracy Marshall, owner SURVEYORIENGINEER: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 Woods Group, Architects AREA: 0.45 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF WARD: 2 PLANNING DISTRICT: 14 CENSUS TRACT: 41.07 CURRENT ZONING: R-2 ALLOWED USES: Single Family. Occupied by a non -conforming commercial structure. PROPOSED ZONING PCD PROPOSED USE: Mixed Use Commercial and Office VARIANCENVAIVERS: Reduced land use buffer on north and south perimeters for new parking and drive. BACKGROUND: This four -suite commercial building was constructed prior to this area being annexed into the City in 1982. At the time of annexation, the property was zoned R-2. On FILE NO.: Z -6034-A (Cont. September 19, 1995, the commission approved a conditional use permit to allow use of the building and property for a small, private school. That use has vacated the building. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is proposing to rezone the site to PCD planned commercial district to allow for use of the existing building for a mixture of commercial and office uses. A new driveway is to be constructed along the north side of the property to provide access to a new 11 -space paved parking lot to be located behind the building. B. EXISTING CONDITIONS: A The site contains a one-story, 4,750 square foot commercial building and an asphalt paved, 9 space parking lot. The site has two driveways from Stanton Road. Single family residential properties are located to the north, south and west (across Stanton Road). A mobile home park is located to the east. NEIGHBORHOOD COMMENTS: Notice was sent to all owners of properties located within 200 feet of the site and the Upper Baseline and SWLRUP Neighborhood Associations. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 for the new parking lot. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Author: Sewer Available to this site. FOG (Grease Interceptor) Analysis required. Entergy: Entergy does not object to this proposal. However, there appears to be an existing underground service line to this structure. Care should be used in the construction of the new parking area. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: No comments. 2 NO.: Z -6034-A (Cont. Fire Department: Maintain Access: Fire Hydrants. Maintain fire apparatus access roads at fire hydrant locations as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. Grade Maintain fire apparatus access roads as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade except as approved by the fire chief. Loading Maintain fire apparatus access road design as per Appendix D of the 2012 Arkansas Fire Prevention Code Vol. 1 Section D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Fire Hydrants Locate Fire Hydrants as per Appendix C of the 2012 Arkansas Fire Prevention Code. Section C101 — C105, in conjunction with Central Arkansas Water (Daniel Tull 501-377-1245) and the Little Rock Fire Marshal's Office (Capt. Tony Rhodes 501-918-3757 or Capt. John Hogue 501-918-3754). Number and Distribution of Fire Hydrants as per Table C105.1. Parks and Recreation: No comments received. County Planning: No comments received. F. BUILDING CODES/LANDSCAPE: Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; cricheyCcD_litt[erock. gov. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 3 FILE NO.: Z -6034-A (Cont. 2. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The properties to the north, south, and east are zoned R-2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, six (6) feet in height shall be required upon the property line side of the buffer. In addition to the required screening, buffers are to be at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. The north and south perimeter planting strips are deficient. 4. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. 5. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 6. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. TRANSPORTATION/PLANNING: Rock Region Metro: No comments received. Planning Division: No comments. H. SUBDIVISION COMMITTEE COMMENT: (November 20, 2018) The applicant was present. Staff introduced the item and noted additional information was needed regarding specifics of the proposed use. Staff asked if any uses were proposed other than those specified in the cover letter. Staff asked the applicant to provide the days and hours of operation, a signage plan, a lighting plan and to locate any existing or proposed fencing. Staff asked if there would be an area of outdoor dining or any other outdoor use. Public Works and landscape 4 ILE NO.: Z -6034-A (Cont. comments were noted. It was noted that the proposed plan would also require City Beautiful Commission approval. The comments from the other reviewing agencies were noted. The applicant was advised to respond to staff issues by November 28, 2018. The committee forwarded the item to the full commission. ANALYSIS The R-2 zoned lot located at 8405 Stanton Road is currently occupied by a one story, 4,750 square foot commercial -style building and an asphalt paved nine space parking lot. The building was constructed prior to this area's annexation into the City in 1982. At the time of annexation, the property was zoned R-2 single family. No subsequent application for rezoning was filed. In 1995, a conditional use permit was approved to allow use of the building and property for a small daycare/private school. The applicant is now requesting approval of a rezoning to PCD to allow for use of the building for a mixture of office and commercial uses. In addition, a new 11 -space parking lot is proposed behind the building. The building is divided into 4 separate suites ranging in size from 650 square feet to 1,900 square feet. The applicant has submitted a specific list of uses proposed for the suites. The three small suites are proposed for occupancy by general and professional office uses, one barber/beauty salon and/or one of two commercial uses; a hair supply store or a clothing store. The largest suite is proposed to be used for a restaurant. Days and hours of operation are proposed as seven days a week, between the hours of 7:00 a. m. to midnight. A covered deck on the rear of the building may be used for an area of outdoor dining for the restaurant. Signage will consist of a single ground -mounted sign not to exceed 20 feet in height and 64 square feet in area and wall or awning signage on the front of the building for each suite. No additional site lighting is proposed. A 6 foot tall privacy fence is located along the north property line. Additional 6 foot tall privacy fencing is to be installed along the east and south perimeters to enclose the ear portion of the site. A dumpster, with screening, is indicated on the south side of the front parking lot. If the plan is approved, service hours for the dumpster must be limited to Monday - Friday, 7:00 a.m. — 5:00 p. m. A 10 foot wide concrete driveway is proposed along the north perimeter of the site to provide access to a new, 11 -space paved parking lot to be constructed behind the building. Staff certainly recognizes that the building is not conducive to occupancy as a single family (R-2) dwelling and some other use is more appropriate. Staff does have concerns about the current proposal. The property is located such that it is surrounded by a variety of single family residences; site built and manufactured homes. The proposal to build a driveway and new parking lot results in a situation where there is no buffer at all between this site and the single family residence adjacent to the north. The proposed use mix will result in a parking requirement of 25-26 spaces. The site currently has 9 spaces and an additional 11 are proposed for a total of 20. Proposed days and hours of operation are 7 days a week, within 5 FILE NO.: Z -6034-A Cont. the hours of 7:00 a. m. to midnight. Inserting the proposed commercial uses, including the proposed restaurant, into a residential neighborhood does not seem to staff to be an appropriate action. Staff believes a more appropriate use would be one that better fits in the neighborhood, such as day care or similar use. Potentially, small office uses with weekday, daytime hours could be considered more appropriate. Such uses could function with the existing parking as well. J. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (DECEMBER 13, 2018) The applicant was present. There were two objectors present. A letter of opposition and two letters of support had been forwarded to the commissioners. Staff noted the letters of support were from the Upper Baseline and SWLRUP Neighborhood Associations. Staff noted each letter of support proposed several conditions which the associations wanted imposed on the item as a condition of their support. Staff presented the item and a recommendation of denial. The applicant, Tracy Marshall, addressed the commission. She described the property and showed photographs of the building. She listed her potential uses for the building and stated the restaurant would possibly have hours of operation 10:00 a.m. —10:00 p.m. Monday — Thursday and 10:00 a.m. — midnight Friday, Saturday and Sunday. She stated she would re-evaluate the proposal to have outdoor dining and would move the dumpster, if requested. Bobby Wade, of 8309 Stanton Road, spoke in opposition. He stated the building was occupied by a school for years. He stated there were no other businesses around this site, only houses. He voiced concerns about the potential commercial uses, a restaurant and late hours. He stated he did not think a dumpster truck could get to the rear of the property. Ruth Bell, of the League of Women Voters, spoke in opposition. She stated it would be a big jump in uses to go from a school to commercial. She stated the League felt this was inappropriate in an area surrounded by residences. Ms. Marshall stated she and her husband needed office space for their business and she would be the owner of the hair supply store. She stated she would install screening around the dumpster where it currently sits. She stated she did not know the property was zoned residential when she bought it. Commissioner Latture stated he could not support the proposal if it included a restaurant. n FILE NO_: Z -6034-A (Cont. A motion was then made to approve the application, including all staff comments and conditions, except the recommendation of denial. The vote was 2 ayes, 9 noes and 0 absent. The item failed. 7 ITEM NO.:6. CON'T 2-6034-5 Fire Department: No comments Building Codes: No comments County Planning: No comments received. Rack Re ion METRO: No comments Planning Division. No comments Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The properties to the north, south, and east are zoned R-2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, six (6) feet in height shall be required upon the property line side of the buffer. In addition to the required screening, buffers are to be at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. 3. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be at least nine (9) feet wide. Provide trees with an average linear spacing of not less than thirty (30) feet within the perimeter planting strip. Provide three (3) shrubs or vines for every thirty (30) linear feet of perimeter planting strip. The north and south perimeter planting strips are deficient. 4. Landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building, excluding truck loading or service areas not open to public parking. These areas shall be equal to an equivalent planter strip three (3) feet wide along the vehicular use area. An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre a there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 6. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15- 100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. ITEM NO.: 6. CON'T LZ -6034-R) Other: Provide notification of the owners of properties located within 200 feet of the site and submit proof of notice including the certified abstract lot, copy of the notice form sent and postmarked certified mail receipts. Notices must be sent no later than February 27, 2019. Proof of notice must be delivered to staff no later than March 8, 2019. Submit responses to staff issues and 4 copies of revised plan (if required) no later than February 27, 2019. SUBDIVISION COMMITTEE COMMENTS FEBRUARY 20, 2019 ITEM NO.6: A TOP OF THE LADDER — 2 SHORT -FORM PCD 8405 STANTON ROAD LZ -6034-B Plannin Staff Comments: 1. Provide notification to all owners of properties located within 200 feet of the site; including the certified abstract list, notice form with affidavit completed and proof of mailing. The notices must be mailed no later than November 28, 2018. Proof of notice must be delivered to staff no later than December 7, 2018. 2. Are any other uses proposed than those listed in the cover letter? 3. Provide square footage of each use area (bay). 4. Provide days of operation 5. Provide a signage plan 6. Provide a site lighting plan. All site lighting must be low-level and directional; shielded downward- and ownwardand into the site. 7. Locate and describe all existing and proposed fencing. 8. Is there an area of outdoor dining? Any other outdoor uses? Variance/Waivers: Reduced land use buffer Public Works: 1. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 for the new parking lot. Utilities and Fire D artment/Count Planning: Little Rock Water Reclamation Authority: Sewer Available to this site. FOG (Grease Interceptor) Analysis Required Entergy: Entergy does not object to this proposal. However, there appears to be an existing underground service line to this structure. Care should be used in the construction of the new parking area. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT&T: No comment received. Central Arkansas Water: No comments received.