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HomeMy WebLinkAboutZ-6403 Staff AnalysisFILE NO.: Z-6 NAME: Kocinski - Short -Form PD -C LOCATION: 17,024 Burlingame Road DEVELOPER: ENGINEER Jerry Kocinski None 17,024 Burlingame Rd.. Little Rock, AR 72211 AREA: 3.00 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 ALLOWED USES: Single -Family Residential PROPOSED USE: Motorcycle repair shop VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: This property was reviewed by the Planning Commission on October 30, 1997 for an amendment to the City's feature Land Use Plan from Single -Family to Commercial. The Commission denied the Commercial request by a vote of 0 ayes, 9 noes and 2 absent. A. PROPOSAL: The applicant proposes to re -zone the 3 acre site to PD -C. The applicant proposes to operate a motorcycle repair shop within the existing metal building. The applicant also proposes a commercial sign. B. EXISTING CONDITIONS: The existing site contains two (2) commercial -type buildings which are of metal and frame construction. The site contains a number of mature trees and the terrain is gently rolling. There is a fence across the front of the property and a gravel driveway. The uses in this general area are scattered single-family residences on large lots. FILE NO.: Z-6403 Cont. ' C. NEIGHBORHOOD COMMENTS: Staff has received one letter of opposition to this item. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Burlingame Road is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline will be required. 2. Prior to construction, provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 foot sidewalks or provide in -lieu contribution of 15 percent of new development cost. 3. All driveways shall be concrete aprons per City Ordinance. 4. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. 5. Appropriate handicap ramps will be required per current ADA standards. 6. Stormwater detention ordinance applies to this property. E. UTILITIES AND FIRE DEPARTMENT COUNTY PLANNING: Wastewater: No Comments. AP&L: No comments received. Arkla: No comments received. Southwestern Bell: No Comments. Water: No water service is available to this property at the present time. Fire Department: No Comments. County Pianninc: Outside city limits - no comments received. CATA: No comments received. F. ISSUES/TECHNICAL/DESIGN: Planning Di'v'ision: This property is in the Burlingame Plan District and shown for Single Family. Burlingame Road from Colonel Glenn to Kanis is predominately large lot residential/farms and undeveloped woods. The nearest non-residential land use designation is approximately one and a half miles away. This item was presented to the Planning Commission on October 30, 1997 as an amendment to the Land Use Plan from Single Family to Commercial. The Commission denied the commercial request voting - 0 for, 9 nays, 2 absent. The Planning Commission requested the Planning Staff undertake a land use plan study of the area. The review, beginning in 2 ' FILE NO.: Z-6403 (Cont.) ' January 1998, should be completed later in the spring. A commercial use at this site would need to reflect the character of the neighborhood and signage should be small and unobtrusive. Landscape Issues: No Comments. G. ANALYSIS• The proposed site plan and cover letter submitted to staff are deficient with respect to the following: 1. All vehicular use areas must be paved and landscaped. 2. No details on site lighting, if any. 3. No details on the proposed sign. 4. No details on hours of operation. No variances, waivers or deferrals are requested. H. STAFF RECOMMENDATIONS: Staff recommends denial of the rezoning request. The proposed zoning is not in conformance with the City's future Land Use Plan and staff feels that the proposed use will not be compatible with the surrounding zoning and uses. SUBDIVISION COMMITTEE COMMENT: The applicant was not present. Staff gave a brief description of the proposal. Staff noted the outstanding issues involved with the site plan. These are noted in paragraph G of this report. The Committee accepted the presentation and forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (FEBRUARY 5, 1998) Jerry Kocinski was present, representing the application. Staff gave a brief description of the proposal and a recommendation. There were several objectors present. Jerry Kocinski addressed the Commission in support of the application. Mr. Kocinski stated that when he built the building he thought he was outside the City's jurisdiction. George Peters addressed the Commission in opposition to the application. He stated that he owns the property next to Mr. Kocinski and he bought his property based on the fact that the area is residential. Mr. Peters presented a petition from the residents of the area against the proposed rezoning. 3 FILE NO.: Z-6403 (Cont.)' Stacey Harmon also spoke in opposition to the application. Mrs. Harmon stated that she has lived on Burlingame Road for 14 years. She stated that she has had a problem with motorcycles racing up and down the street. An attorney representing a Mr. Richy who owns property across Burlingame Road from the motorcycle shop also spoke in opposition to the application. She stated that Mr. Richy would like to protect his residential investment by having no commercial in the area. Gary Sprole also spoke in opposition to the application. He stated that the motorcycle shop is a detriment to the residential area. Chairman Lichty asked that if the application were denied, would there be a grace period for Mr. Kocinski to cease operation of the business. Jim Lawson stated that he was not sure as to the status of the enforcement case. He stated that a grace period could be imposed. Cindy Dawson, City Attorney, stated that Mr. Kocinski would have time based on the length of time for the legal process to conclude. Mr. Kocinski again stated that he thought that his property was outside the city's jurisdiction when he purchased the property and built the building. A motion was made to approve the application. The motion failed by a vote of 0 ayes, 10 noes and 1 absent. The application was denied. The Commission asked that a 30 -day grace period be given to Mr. Kocinski before the continuation of enforcement. 4 February 5, 1998 ITEM NO.: 11 FILE NO.: Z-6403 NAME: Kocinski - Short -Form PD -C LOCATION: 17,024 Burlingame Road DEVELOPER: ENGINEER• Jerry Kocinski None 17,024 Burlingame Rd.. Little Rock, AR 72211 AREA: 3.00 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ,ZONING: R-2 ALLOWED USES: Single -Family Residential PROPOSED USE: Motorcycle repair shop VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: This property was reviewed by the Planning Commission on October 30, 1997 for an amendment to the City's future Land Use Plan from Single -Family to Commercial. The Commission denied the Commercial request by a vote of 0 ayes, 9 noes and 2 absent. A. PROPOSAL: The applicant proposes to re -zone the 3 acre site to PD -C. The applicant proposes to operate a motorcycle repair shop within the existing metal building. The applicant also proposes a commercial sign. B. EXISTING CONDITIONS: The existing site contains two (2) commercial -type buildings which are of metal and frame construction. The site contains a number of mature trees and the terrain is gently rolling. There is a fence across the front of the property and a gravel driveway. The uses in this general area are scattered single-family residences on large lots. February 5, 1998 SUBDIVISION ITEM NO.: 11 Cont. FILE NO.: Z-6403 C. NEIGHBORHOOD COMMENTS: Staff has received one letter of opposition to this item. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Burlingame Road is listed on the Master Street Plan as a principal arterial, dedication of right-of-way to 55 feet from centerline will be required. 2. Prior to construction, provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 foot sidewalks or provide in -lieu contribution of 15 percent of new development cost. 3. All driveways shall be concrete aprons per City Ordinance. 4. Driveways shall conform to Sec. 31-210 or Ordinance 16,577. 5. Appropriate handicap ramps will be required per current ADA standards. 6. Stormwater detention ordinance applies to this property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: No Comments. AP&L: No comments received. Arkla: No comments received. Southwestern Bell: No Comments. Water: No water service is available to this property at the present time. Fire Department: No Comments. County Plannin Outside city limits - no comments received. CATA: No comments received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This property is in the Burlingame Plan District and shown for Single Family. Burlingame Road from Colonel Glenn to Kanis is predominately large lot residential/farms and undeveloped woods. The nearest non-residential land use designation is approximately one and a half miles away. This item was presented to the Planning Commission on October 30, 1997 as an amendment to the Land Use Plan from K, February 5, 1998 SUBDIVISION ITEM NO.: 11 Cont. FILE NO.: 2-6403 Single Family to Commercial. The Commission denied the commercial request voting - 0 for, 9 nays, 2 absent. The Planning Commission requested the Planning Staff undertake a land use plan study of the area. The review, beginning in January 1998, should be completed later in the spring. A commercial use at this site would need to reflect the character of the neighborhood and signage should be small and unobtrusive. Lands ca a Issues: No Comments. G. ANALYSIS: The proposed site plan and cover letter submitted to staff are deficient with respect to the following: 1. All vehicular use areas must be paved and landscaped. 2. No details on site lighting, if any. 3. No details on the proposed sign. 4. No details on hours of operation. No variances, waivers or deferrals are requested. H. STAFF RECOMMENDATIONS: Staff recommends denial of the rezoning request. The proposed zoning is not in conformance with the City's future Land Use Plan and staff feels that the proposed use will not be compatible with the surrounding zoning and uses. SUBDIVISION COMMITTEE COMMENT: The applicant was not present. Staff gave a brief description of the proposal. Staff noted the outstanding issues involved with the site plan. These are noted in paragraph G of this report. The Committee accepted the presentation and forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (FEBRUARY 5, 1998) Jerry Kocinski was present, representing the application. Staff gave a brief description of the proposal and a recommendation. There were several objectors present. Jerry Kocinski addressed the Commission in support of the application. Mr. Kocinski stated that when he built the building he thought he was outside the City's jurisdiction. 3 February 5, 1998 SUBDIVISION ITEM NO.: 11 contj FILE NO.: Z-6403 George Peters addressed the Commission in opposition to the application. He stated that he owns the property next to Mr. Kocinski and he bought his property based on the fact that the area is residential. Mr. Peters presented a petition from the residents of the area against the proposed rezoning. Stacey Harmon also spoke in opposition to the application. Mrs. Harmon stated that she has lived on Burlingame Road for 14 years. She stated that she has had a problem with motorcycles racing up and down the street. An attorney representing a Mr. Richy who owns property across Burlingame Road from the motorcycle shop also spoke in opposition to the application. She stated that Mr. Richy would like to protect his residential investment by having no commercial in the area. Gary Sprole also spoke in opposition to the application. He stated that the motorcycle shop is a detriment to the residential area. Chairman Lichty asked that if the application were denied, would there be a grace period for Mr. Kocinski to cease operation of the business. Jim Lawson stated that he was not sure as to the status of the enforcement case. He stated that a grace period could be imposed. Cindy Dawson, City Attorney, stated that Mr. Kocinski would have time based on the length of time for the legal process to conclude. Mr. Kocinski again stated that he thought that his property was outside the city's jurisdiction when he purchased the property and built the building. A motion was made to approve the application. The motion failed by a vote of 0 ayes, 10 noes and 1 absent. The application was denied. The Commission asked that a 30 -day grace period be given to Mr. Kocinski before the continuation of enforcement. 4