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HomeMy WebLinkAboutZ-6159 Staff AnalysisAugust 29, 1996 ITEM NO.• J Z-615 Owner: Earl and Barbara Brisendine Applicant: Barbara Brisendine Location: 14902 Alexander Road Request: Rezone from R-2 to 0-1 Purpose: Use existing structure as offices for food service broker Size: 2.0± acres Existing Use: One story brick residential structure which is occupied by Brisco Food Service, Inc. SURROUNDING LAND USE AND ZONING North - Vacant lot and Single Family homes; zoned R-2 South - Vacant, wooded; zoned R-2 East - Vacant, wooded; zoned R-2 West - Vacant, wooded and Single Family homes; zoned R=7A (also City of Alexander) ENGINEERING COMMENTS Alexander Road is classified as a minor arterial, 90 feet of right-of-way and 60 feet of pavement with sidewalk. Dedicate right-of-way to bring property line to 45 feet from centerline. Driveway must be improved for structure to be used as office. Any planned construction will involve widening of one-half the road to minor arterial standards and the construction of a sidewalk. At the time of permit other development related issues will be discussed. AHTD approval will be required for construction within right-of- way, after City approval. Current construction is a 22 foot pavement with open ditches and no sidewalk. 1992 traffic count for Alexander Road is 1560. LAND USE ELEMENT The site is located in the Otter Creek District. The adopted Plan recommends Single Family. There have not been any changes in the area to justify a plan amendment to Office. Staff cannot support the introduction of nonresidential use at this time. August 29, 1996 S[]BDZVISION ITEM N Z-6159 n . STAFF ANALYSIS_ The request before the Commission is to rezone this 2± acre tract from "R-2" Single Family to "O-1" Quiet Office. The property contains a one-story, brick and frame residential structure which has been converted into offices by Briscoe Food Service, Inc. The applicant states she was not aware that the property was in the City of Little Rock until a representative of the City's Code Enforcement Staff issued her a notice for violating the zoning Ordinance. The property is located at the extreme southwest corner of the City, adjacent to the City of Alexander. The area is rural in nature, comprised primarily of single family homes on larger lots. Large areas are undeveloped and wooded. A partially developed manufactured home subdivision is adjacent to the west. The primary zoning in the area is R-2, with the manufactured home subdivision being zoned R -7A. Both of these designations are single family residential. within the city limits, there is no nonresidential zoning within the vicinity of this site. The Otter Creek District Land Use Plan is reflective of the existing zoning by indicating single family for this entire area with the exception of the manufactured home subdivision which is shown as MH on the Plan. The nearest nonresidential on the Plan is well north of this site, at I-30 and County Line Road. The adopted Plan recommends Single Family for this site. There are no other nonresidentially zoned properties within the vicinity of this site. All surrounding uses are single family. Staff cannot support the requested 0-1 zoning. STAFF RECOMMENDATION Staff recommends denial of the requested 0-1 zoning. PLANNING COMMISSION ACTION: (JUNE 20, 1996) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had submitted a letter on May 13, 1996 asking that the item be deferred to the August 1, 1996 commission meeting. The item was placed on the Consent Agenda and approved for deferral to the August 1, 1996 meeting by a vote of 6 ayes, 0 noes, 4 absent and 1 abstaining (Daniel). E August 29, 1996 SUBDIVI ION ITEM NO.: J Z-6159_(Cont.) PLANNING COMMISSION ACTIOAI: AUGUST 1, 1996) The Chairman identified for those present for today's meeting that there was a potential vote problem with the Commission since there were only eight of the eleven members present and six votes are required for final action. The Chairman asked if the applicant wished to address this circumstance and perhaps request a deferral. The applicant came forward and identified herself as Barbara Brisending, a resident at 14902 Alexander Road which is the subject property. She stated for the record that because of the attendance circumstance she desired that her application be deferred. The Chairman requested that staff provide the appropriate deferral date. Richard Wood, of the Staff, stated that the August 29, 1996 Subdivision Hearing is the next scheduled meeting for items of this nature. A brief discussion then followed involving Commissioner Daniel, the Chairman and Staff members as to the appropriate meeting for the placement of this item for deferral. Wood stated that the deferral needs to go to at least the subdivision agenda since the staff does not normally place public hearing items of this nature on the Planning Hearing. A question was posed by a gentleman in the audience as what position the item would hold on the new agenda. The Chairman and Staff identified that it would be a deferred item and would be one of the first items introduced. The Chairman asked for a motion from the Commission. A motion to defer the application to August 29, 1996 was made. The motion was seconded. A vote on the motion produced 7 ayes, 0 nays, 2 absent, 1 open position and 1 abstention (McCarthy). The Chairman then stated for the record that the item has been deferred. PLANNING COMMIS ION AC'T'ION: (AUGUST 29, 1996) The applicant, Barbara Brisendine, was present. There were no objectors present. Staff presented the item and a recommendation of denial. Ms. Brisendine handed out a letter in support of her application and a map showing other non-residential uses in the area. She also presented photographs of those non- residential uses. She stated that the area was clearly not a residential area but had several other uses. 3 August 29, 1996 SUBD'1Y SION ITEM NO.: L z-6159 ont. In response to a question from Commissioner Adcock, Ms. Brisendine described the food brokerage business being conducted at 14902 Alexander Road. She stated that there were no trucks or deliveries other than UPS trucks bringing literature to the site. She stated that the business employed approximately 6 people, several of which traveled and were only rarely at the office. Ms. Brisendine stated that there was no inventory kept at the site. She stated that the business had been operating at the site since December, 1995. Ms. Brisendine concluded by stating that it had been suggested to her that she might amend her application to a PUD and that she was willing to do so. Commissioner Putnam commented that there would still be a land use issue. Commissioner Daniel commented that he had visited the site and had noticed many non-residential uses in the area. In response to questions from Commissioners Brandon and Putnam, Ms. Brisendine stated that the house was occupied as a residence when she bought the property but that it was used solely as an office now. There was then a further discussion of the uses in the area. Commissioner Hawn suggested that a PUD might be appropriate; one that allows the existing use and retains the residential character of the house. Jim Lawson, Director of Planning and Development, stated that a Planned Development might be an appropriate compromise. He suggested that the application might be amended to a Planned Development - Office for this specific use, retaining the residential character of the property and restricting signage on the site. Such an application, he stated, would not be in conflict with the Plan and would not require a plan change. Ms. Brisendine stated that she wanted to have a sign on the property to identify the site for customers and delivery persons. Commissioner Adcock asked why the Plan showed the area to be single family when there were so many nonresidential uses in the area. Mr. Lawson responded that those uses were nonconforming. He stated that staff was agreeable to a deferral if the Commission wanted staff to do a review of the Land Use Plan for the whole area. In response to a question, Ms. Brisendine stated that there was no ground -mounted sign on the property. She described 4 August 29, 1996 SUBDIVISION ITEM NO.: J z-6159(Cont.) the only signage as an 18 inch by 8 foot sign, mounted below the eave of the house. Commissioner McCarthy asked if a Planned Development would require a plan change. Mr. Lawson responded that a PD -0 for this specific use, with conditions assuring that the residential character was maintained, would not require a plan change. Anything beyond that, he stated, would require a review of the Plan for the larger area. In response to a question from the Commission, Mr. Lawson stated that the survey submitted with the application would be sufficient for the Planned Development, if the applicant worked with staff to address issues such as landscaping and parking. Ruth Bell, of the League of Women Voters of Pulaski County, addressed the Commission. She stated that the League was opposed to the original rezoning request because it opened the possibility of expanding nonresidential zoning in the area. She stated that the League was not opposed to a Planned Development that allowed this specific use and retained the property's residential character. Ms. Brisendine stated for the record that she was amending her application to a Planned Development - Office. A motion was made to approve the Briscoe Food Service, Inc. Planned Development - Office as described by the applicant with the permitted use of the property to be limited to Briscoe Food Service, Inc. and single family residential. The single family residential was added to allow the convertibility of the property back to residential should Briscoe Food Service, Inc. ever vacate the site. The approval allowed signage limited to the 18 inch by 8 foot sign mounted on the building, beneath the eave, and did not allow any additional wall or ground -mounted signs. The vote was 8 ayes, 0 noes, 2 absent and 1 open position. 6i