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HomeMy WebLinkAboutZ-6467-C Staff AnalysisSeptember 13, 2012 ITEM NO.: A FILE NO.: Z -6467-C NAME: Custom Auto Sales Short -form PCD LOCATION: Located at 5301 Mabelvale Pike DEVELOPER: Nehemiah Robinson 10008 Foster Cove Little Rock, AR 72209 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.28 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Retail - Indoor PROPOSED ZONING: PCD PROPOSED USE: Add automobile sales as an allowable use VARIAN CES/WAIVERS REQUESTED: None requested. A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT: The applicant is requesting a rezoning of the property located at 5301 Mabelvale Pike from C-3, General Commercial District to Planned Commercial Development (PCD) to add automobile sales as an allowable use. According to the applicant the property was previously an auto detail business as recently as one-year ago. The cover letter states the applicant plans to make improvements to the site such as adding lighting, improved fencing, additional concrete for parking, painting the structure, installation of a security system with video and improving the overall atmosphere of the property and surrounding area. September 13, 2012 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z -6467-C The applicant is requesting to maintain the C-3, General Commercial District zoning designation as alternative uses for the property. B. EXISTING CONDITIONS: The original construction appears to be a gas station but has been a number of uses in the past including auto repair and auto detailing. The applicant is currently displaying automobiles for sale on the site which is a violation of the existing zoning. The building is located at the intersection of West 53rd Street and Mabelvale Pike. Within this immediate area there are two schools, an apartment complex, several office and retail uses. There are also single-family homes within the immediate area including homes located to the east and northeast of the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners within 200 -feet of the site, the Geyer Springs Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Right-of-way should be dedicated to the back of the sidewalk if not already dedicated. Records should be checked. 2. Remove the northern most driveway and curb cut. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 30 -foot over head easement is required per Entergy (15 -feet on each side of center of existing line serving the building). Contact Entergy at 954-5151 for additional information. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment r. September 13, 2012 SUBDIVISION ITEM NO., A Cont.) FILE NO.: Z -6467-C Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within 10 days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20 -feet around the site's perimeter. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: CATA Bus Routes #17, the Mabelvale-Downtown and #17A, the Mabelvale — UALR Routes run along South University Avenue which is just west of this site. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: PlanningDivision: This request is located in the 65th Street East Planning District. The Land Use Plan shows Commercial (C) for this property. The commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning from C-3 (General Commercial District) to PCD (Planned Commercial District) to add automobile sales as an allowable use on this site. Q September 13, 2012 SUBDIVISION ITEM NO.: A(Cont.)FILE NO.: Z -5467-C Master Street Plan: Mabelvale Pike is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Fair Park Boulevard since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class II Bike Lanes are shown along Mabelvale Pike. Bike lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. The property to the east is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern perimeter of the site. 3. If the rehabilitation costs of the project exceed fifty percent (50%) or more of the replacement cost of the building, then the landscape and buffer ordinances must come into compliance proportionately. 4. Any/all new parking must be landscaped per Chapter 15 of the City of Little Rock Code of Ordinances (the Landscape Ordinance). G. SUBDIVISION COMMITTEE COMMENT: (May 31, 2012) The applicant was present. Staff presented an overview of the development stating there were a number of outstanding questions associated with the request. Staff requested the applicant provide a survey which indicated the former right of way dedication. Staff also questioned where the automobiles would be displayed on the site. Staff noted no display was allowed within the first 20 -feet of the front yard setback. Staff also requested the applicant provide details of any proposed fencing. Public Works comments were addressed. Staff stated the northern most drive was to be removed. Staff stated right of way was to be dedicated to the back of the sidewalk if not already dedicated. Landscaping comments were addressed. Staff stated the property to the east was zoned residentially and would require the installation of an opaque screen. Staff also stated if rehabilitation cost of the project exceeded 50% of the replacement cost of the building then the landscape and buffer ordinances were to come into compliance proportionately. 4 September 13, 2012 SUBDIVISION ITEM NO.: A (Co FILE NO.: Z -6467-C There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised survey and provided responses to comments raised at the May 31, 2012, Subdivision Committee meeting. The surveyor can not find the right of way dedication for Mabelvale Pike and has prepared a legal description for the right of way from centerline to the back of the sidewalk. The applicant has indicated a solid screen will be placed along the eastern perimeter adjacent to the residential uses. The applicant has not addressed Public Works concern related to removal of the northern most drive on Mabelvale Pike. The request is to rezone the site from C-3, General Commercial District to PCD to add automobile sales as an allowable use for the site. The applicant has indicated 10 to 20 cars will be displayed on the site for sale. A portion of the display area will be located within the first 20 -feet of the required front yard setback. The applicant is proposing to maintain the existing C-3, General Commercial District uses as allowable uses for the site. Section 36-302(b)(5) states there shall be no open display of any kind whatsoever in the first twenty (20) feet of the required front yard setback. The request includes the allowance of parking within the first 20 -feet of the front setback. The site. is a small site with little area for display located outside the front 20 -foot building setback. The applicant has outlined where detailing of automobiles will take place nor has the applicant indicated where mechanical work will be performed. The hours of operation are from 8 am to 7 pm Monday through Saturday. There is to be no unloading of vehicles within the public right of way allowed. Staff is not supportive of the request. Staff also does not support the allowance of display of vehicles within the first 20 -feet of the front setback. The zoning ordinance specifically states there shall be no open display of any kind whatsoever within the first twenty (20) feet of the required front yard setback. Based on the site layout and size there is little area left over for display located outside the front 20 -foot setback. Staff does not feel this is an appropriate location for automobile sales. y u September 13, 2012 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z -6457-C STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JUNE 21, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to respond to comments raised at the May 31, 2012, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the August 2, 2012, public hearing. There was no further discussion of the item. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. PLANNING COMMISSION ACTION: (AUGUST 2, 2012) The applicant was not present. Staff presented a recommendation of deferral of the item to the September 13, 2012, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the deferral as recommended by staff. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: There has been no contact by the applicant since the original filing of the application. Staff recommends withdrawal of this item. PLANNING COMMISSION ACTION: (SEPTEMBER 13, 2012) The applicant was not present. There were no registered objectors present. Staff presented the item stating there had been no contact by the applicant since the original filing of the application. Staff presented a recommendation of withdrawal of the item. There was no further discussion of the item. The Chair entertained a motion for approval of the item on the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. ITEM NO.: 5. Z -6467-C NAME: Custom Auto Sales Short -form PCD LOCATION: located at 5301 Mabelvale Pike Planninq Staff Comments: 1. Notification has been provided. 2. Provide the maximum number of automobiles to be on-site for sale. 3. Provide the display area proposed for automobile sales. Section 36-302(b)(5) states there shall be no open display of any kind whatsoever in the first twenty (20) feet of the required front yard setback. 4. Provide the number of employees. 5. Provide the days and hours of operation. 6. Will there be a dumpster located on-site? If so provide the location on the site plan. 7. Will there be any cleaning, detailing or repair of automobiles on-site? If so will this activity take place within the building or will any of the activity take place outside the building? 8. Provide any alternative uses for the site? Does the request include the maintenance of C-3, uses and the addition of automobile sales as an allowable use? 9. Any site lighting must be low level and directional, directed downward and into the site. 10. Provide details of any proposed fencing including the location, construction material and total height. 11. Provide details of any signage including proposed building and proposed ground signage. Provide the percentage of facade area proposed for building signage. Provide the location, total height and total sign area for any ground signage. 12.The survey provided does not accurately reflect the right of way dedication for Mabelvale Pike. Please provide a survey with the correct right of way dedication and the distance to centerline for the street right of way. Variance[ Waivers: None requested. Public Works Conditions: 1. Right-of-way should be dedicated to the back of the sidewalk if not already dedicated. Records should be checked. 2. Remove the northern most driveway and curb cut. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Item # 5. Entergy: A 30 -foot over head easement is required per Entergy (15 -feet on each side of center of existing line serving the building). Contact Entergy at 954-5151 for additional information. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including metered connections off the private fire system. If there are facilities that need to be adjusted and/or relocated contact Central Arkansas Water. That work would be done at the expense of the developer. Contact Central Arkansas Water if additional fire protection or metered water service is required. The Little Rock Fire Department needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) are required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas Water. The test results must be sent to Central Arkansas Water's Cross Connection Section within 10 days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Place fire hydrants per code. Maintain a minimum access of 20 -feet around the site's perimeter. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: CATA Bus Routes #17, the Mabelvale-Downtown and #17A, the Mabelvale — UALR Routes run along South University Avenue which is just west of this site. Parks and Recreation: No comment received. Planning Division: This request is located in the 65th Street East Planning District. The Land Use Plan shows Commercial (C) for this property. The commercial category includes a broad range of retail and wholesale sales of products, personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning from C-3 (General Commercial District) to PCD (Planned Commercial District) to add automobile sales as an allowable use on this site. Item # 5. Master Street Plan: Mabelvale Pike is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Fair Park Boulevard since it is a Minor Arterial. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. Bicycle Plan: Class II Bike Lanes are shown along Mabelvale Pike. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. The property to the east is zoned residential; therefore, a six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the eastern perimeter of the site. 3. If the rehabilitation costs of the project exceed fifty percent (50%) or more of the replacement cost of the building, then the landscape and buffer ordinances must come into compliancy proportionately. 4. Any/all new parking must be landscaped per Chapter 15 of the City of Little Rock Code of Ordinances (the Landscape Ordinance). Revised plat/plan Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, June 6, 2012. Item # 5.