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HomeMy WebLinkAboutZ-6540 Staff AnalysisOctober 15, 1998 ITEM NO.: H FILE NO.: Z-6540 NAME: Kurtz - Short -Form PD -0 LOCATION: 6400 Stagecoach Road DEVELOPER: ENGINEER• John Kurtz None 6400 Stagecoach Road Little Rock, AR 72204 AREA: 0.35 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 ALLOWED USES: Single -Family Residential PROPOSED USE: Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The applicant recently applied to change the Land Use Plan for this site from single-family to office. The Planning Commission reviewed the Land Use Plan Amendment on May 14, 1998 and voted to deny the application. There was neighborhood opposition to the plan change. The applicant has decided to pursue the rezoning of the property by filing a PD -O, Planned Development - Office. The request is in conflict with the Land Use Plan. A. PROPOSAL RE UEST: The applicant proposes to rezone the property from R-2 to PD -O. The applicant proposes to use the existing 1,581 square foot residential structure as an office. No new construction is planned for the building. The applicant is also proposing to construct a small parking area to serve the office use, with a single access point from David O'Dodd Road. A wood screening fence will be constructed along the north property line. The applicant notes that dense evergreen shrubs exist along the west property line for screening. October 15, 1998 SUBDIVISION ITEM NO.: H Cont. FILE NO.: 2-6540 B. EXISTING CONDITIONS: The property contains an existing one-story rock and frame residential structure and a small accessory structure. There are two gravel access drives from David O'Dodd Road. There is no paved parking on the property. There are single-family residences immediately west and north of this property and across David O'Dodd Road to the east. There is also vacant, undeveloped land in this general area. There is a grocery store, car wash and mini - storage units located further east. There is a convenience store located across Stagecoach Road to the south, with the David O'Dodd Elementary School and other single-family residences located along the south side of Stagecoach Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no neighborhood comment on this item. The Pecan Lake Neighborhood Association was notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Stagecoach 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. AHTD permit required for work within Hwy. 5 right-of-way. 2. David O'Dodd Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required plus 10 feet for future right turn lane at this arterial intersection. 3. With construction provide 15% in -lieu contribution based on cost of improvements at time of building permit. 4. A 20 feet radial dedication of right-of-way is required at the corner of Stagecoach and David O'Dodd Road. (Unless structure occupies; then a deferral is required by Planning Commission and Board of Directors.) 5. Parking and driveways must meet City Ordinance. 6. David O'Dodd has a 1996 average daily traffic count of 840 vehicles. 7. Stagecoach Road has a 1996 average daily traffic count of 5,800 vehicles. E. UTILITIES AND FIRE DEPARTMENT COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comments received. E October 15, 1998 SUBDIVISION ITEM NO.: H Cont. FILE NO.: Z-6540 ARKLA: No Comments received. Southwestern Bell: No Comments. Water: No Comments. Fire Department: No Comments. County Plannin : No Comments received. CATA: No Comments received. F. ISSUES TECHNICAL DESIGN: Planning Division: The site is in the 65`h Street West District. The Plan recommends Single Family for the site. There is no Neighborhood Plan activity in the area. The applicant has filed a Land Use Plan amendment for the site. There was neighborhood opposition to a Plan change requested for the site. On May 14, 1998 the request to change the Land Use Plan from Single Family to Office was denied by the Planning Commission. The site plan is not residential friendly - too much parking around the edge, etc. The site is surrounded by residential use (to the south and west). The request is in conflict with the Plan. Landsca a Issues: Areas set aside for buffers and landscaping meet with ordinance requirements. Curb and gutter or another approved border will be required to protect all landscaped areas from vehicular traffic. Prior to a building permit being issued, three copies of a detailed landscape plan must be submitted to and approved by Bob Brown, Plans Review Specialist. He may be reached at 371-4864. G. ANALYSIS• The applicant submitted a revised site plan to staff on August 24, 1998. The applicant has reduced the proposed parking area from 12 spaces to 5 spaces (along the north property line). The parking along the west property line has been removed. The ordinance typically requires four (4) parking spaces for an office of this size. 3 October 15, 1998 SUBDIVISION ITEM NO.: H Cont. FILE NO.: Z-6540 The applicant, responding to questions. posed by the Subdivision Committee, has informed staff that the hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday through Friday. The applicant has also noted that no signage is proposed. Staff feels that a change in the zoning of this property to office will not be compatible with the adjacent residential property. Staff feels that the property should be used as a single-family residential, in accordance with the City's adopted Land Use Plan. H. STAFF RECOMMENDATIONS: Staff recommends denial of the PD -O rezoning. SUBDIVISION COMMITTEE COMMENT: (AUGUST 13, 1998) Holly King was present, representing the application. Staff gave a brief description of the proposal. Bob Turner, of Public Works, reviewed the Public Works requirements with the applicant's representative. He stated that the applicant, Mr. Kurtz, needed to meet with Public Works to discuss these issues. Staff noted several questions pertaining to signage, hours of operation, etc., which needed to be answered by the applicant. Ms. King stated that Mr. Kurtz would contact staff. Staff also informed the applicant to contact the City's Building Codes Staff to determine if any changes (electrical, structural, etc.) needed to be made to the interior of the building. After the brief discussion, the Committee forwarded the issue to the full Commission for resolution. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 1998) Staff informed the Commission that the item needed to be deferred for cause due to the fact that the applicant did not send the required notices certified mail. Staff recommended deferral to the October 15, 1998 agenda. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the October 15, 1998 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. 4 October 15, 1998 SUBDIVISION ITEM NO.: H Cont. FILE NO.: Z-5540 PLANNING COMMISSION ACTION: (OCTOBER 15, 1998) John Kurtz was present, representing the application. There were no objectors present. Staff gave a brief description of the proposal and a recommendation of denial. John Kurtz addressed the Commission in support of the application. Mr. Kurtz presented the' Commission with photos and drawings of the property and the general area. Mr. Kurtz gave a detailed description of the commercial uses in the general area east of I-430. He stated that his proposed office use should have no adverse effect on the general area. Commissioner Faust asked staff to discuss the commercial uses in this general area and review the staff's recommendation. Jim Lawson, Director of Planning and Development, stated that the, area was primarily single-family in nature. He stated that the single-family residences in this area should be preserved. Mr. Lawson stated that most of the commercial uses in the area were there prior to the area being annexed and were therefore nonconforming. Commissioner Faust asked if there was a problem with zoning enforcement in this area. Mr. Lawson noted that there was no problem with enforcement because the commercial uses in the area are nonconforming. Mr. Lawson stated that staff's concern is that the rezoning of this residential property could lead to the rezoning of other residential properties in the area. Mr. Kurtz noted that the property had a nonconforming status at one time. He stated that he had met with Public Works concerning right-of-way issues. Chairman Lichty asked how the commercial uses in this area were established. Monte Moore, of the Planning Staff, noted that most of the commercial uses in the area are nonconforming and were in place when the area was annexed. Commissioner Adcock asked where ABC Block Company was located in reference to this property. Mr. Kurtz noted the location on a map. Commissioner Rahman asked if the office use was currently on the site. 5 October 15, 1998 SUBDIVISION ITEM NO.: H (Cont.) FILE NO.: Z-654 Mr. Kurtz confirmed that it was and that the City had issued a citation to him for the violation. Mr. Lawson stated that the property had been used as residential in the past. He stated that the documentation that Mr. Kurtz had was not enough to establish a nonconforming use for the property. A motion was made to approve the application. The motion failed by a vote of 3 ayes, 6 nays and 2 absent. The application was denied. rl-