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HomeMy WebLinkAboutZ-6640 Staff AnalysisFILE NO.: Z-6640 NAME: Bailey - Short -Form POD LOCATION: 1723 N. University Avenue DEVELOPER: SURVEYOR: Mary Jane Bailey 5018 Club Road, Ste. 102 Little Rock, AR 72207 AREA: Approx. 0.14 acres 011en Dee Wilson P. O. Box 604 No. Little Rock, AR 72115 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 ALLOWED USES: Single -Family Residential PROPOSED USE: Office VARIANCES/WAIVERS REQUESTED: 1. Deferral of dedication of right-of-way for University Avenue and Cantrell Road. 2. Deferral of improvement of the 31.5 foot corner curb radius 3. Deferral of sidewalk construction along University Avenue BACKGROUND: The Planning Commission reviewed a Land Use Plan change from Low Density Residential to Suburban Office for this property on February 4, 1999. The Commission voted to deny the Land Use Plan Amendment by a vote of 0 ayes, 10 nays, and 1 absent. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property from R-2 to POD in order to convert the existing 1,294 square foot single-family residential structure into an office for two businesses (a real estate office and an insurance office). FILE NO.: Z-6640 (Cont.) The applicant proposes to maintain the residential appearance of the structure and make no exterior building changes. The applicant will construct a small parking area (3 spaces) within the east one-half of the property which will be accessed from the existing 20 foot alley along the east property line. The site plan also shows two (2) proposed ground -mounted signs near the northwest corner of the property. The applicant notes that the signs will have a maximum height of six (6) feet, a maximum area of 64 square feet and be set back from the property line by five (5) feet. The applicant has also noted that each busincss will have a single employee with one office worker to be hired in the future and shared by both businesses. The hours of operation are proposed to be from 8:00 a.m. to 5:30 p.m., Monday through Friday, with some weekend activity. The applicant has stated that there will be very little customer or drop-in traffic at this site. B. EXISTING CONDITIONS: The site contains a 1,294 square foot single-family residential structure. Access to the site is gained by utilizing an existing 20 foot alley which is located along the east property line. There is a concrete slab at the northeast corner of the property where a carport structure previously existed. There are single-family residences located immediately south of the site, across the alley to the east and across University to the west and northwest. Office and commercial uses are located across Cantrell Road to the north. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one petition of opposition with seven (7) signatures (see attached). The Heights, Prospect Terrace, South Normandy and Normandy - Shannon Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cantrell Road and University Avenue are listed on the Master Street Plan as principal arterials; Traffic on University South of Cantrell is 14,000 vehicles per day. Dedication of right-of-way to 55 feet from centerline is required. 2 FILE NO.: Z-6640 (Cont. 2. A 20 foot radial dedication of right-of-way is required at the corner of Cantrell and University. 3. Improve corner curb radius to 31.5 feet with construction. 4. Obtain permits for improvements from District 6, AHTD. 5. Repair rock retaining wall along University Avenue. 6. Show centerline of University Avenue right-of-way. 7. Provide proper sidewalk, per MSP, along University Avenue. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of sewer service for this structure unknown. Contact Little Rock Wastewater Utility for details. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment. Water: Contact the Water Works if additional water service is needed. Fire Department: No Comment. County Plannin : No Comment received. CATA: Approved as submitted. Served by Route #21 - University Avenue. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Heights Planning District and is shown as Low Density Residential on the Land Use Plan. This site was subject of a Land Use Plan Amendment on February 4, 1999 to change to Suburban Office and was denied. Any development should be referenced to residential development in relation to screening, vehicular use areas, retaining a residential look to the structure, residential scale signage, etc. The structure should be designed to be able to be converted back to residential use afterwards. This area is not covered by a neighborhood plan. A Plan Committee has been formed and that committee has been informed of the request. Landscape Issues: Areas set aside for buffers and landscaping meet with minimum ordinance requirements. 3 FILE NO.: Z-6640 (Cont.) G. A six foot high opaque screen, either a wooden fence or dense evergreen plantings, will be required along the southern perimeter of the site. Curb and gutter or another approved border will be required to protect landscape areas from vehicular traffic. Prior to a building permit being issued, a detailed landscape plan must be approved by the Plans Review Specialist. Building Codes: The proposed change to commercial from residential will require a floor plan and other details submitted to the Building Codes Division as required for remodeling and upgrades for commercial standards. Handicap accessibility will be required from the paved parking surface to interior and including sanitary facilities. The applicant will be required to submit sufficient detail (written and pictorial) as to how this will occur. Minimum accessibility standards are the Cabo -Ansi A117.1-1992. Contact Mark Whitaker at 371-4839 for additional information. ANALYSIS: The applicant submitted a revised site plan to staff on March 31, 1999. The revised plan shows a six foot screening fence along the south property line where adjacent to the proposed parking area and location for two (2) ground -mounted signs as noted in paragraph A. As noted earlier, the applicant is proposing a small parking area (3 spaces) accessed from the existing alley along the east property line. The typical ordinance requirement for a 1,294 square foot office building would be three (3) spaces. However, staff has concerns with the number of parking spaces being adequate to serve the proposed use of the property. The applicant has noted that there will be a future total of three (3) employees at this location and that there will be very little customer traffic. However, if all three employees are at the site, there will be no other place to park a vehicle without blocking the driveway or the alley. 4 FILE NO.: Z-6640 (Cont.) The applicant has also requested deferrals of right-of-way dedication for Cantrell Road and University Avenue, improvement of the 31.5 foot corner curb radius and the sidewalk construction along University Avenue. The applicant is requesting the deferrals for five (5) years, until this property is redeveloped or until adjacent property is redeveloped. The applicant is requesting deferral of right-of-way dedication based on the fact that the required right-of-way for Cantrell Road would be into the existing building. As of this writing,, Public Works has not made a recommendation on the deferral request. In addition to the size restriction concern staff has with this property, staff feels that the residential boundry lines which have been established over the years in this area should be maintained. Staff feels that an office use in this immediate area south of Cantrell Road is inappropriate and would not be compatible with the adjacent single-family residential. H. STAFF RECOMMENDATIONS: Staff recommends denial of the POD rezoning request. SUBDIVISION COMMITTEE COMMENT: (MARCH 25, 1999) Mary Jane Bailey and J. Allen Bailey were present, representing the application. Staff gave a brief description of the proposed site plan. In response to questions from staff, Mrs. Bailey noted the following: 1. Due to the type of offices proposed, there would be very little, if any, customer traffic at this location. 2.A screening fence would be installed along the south property : line . 3. Staff would be provided with a description of proposed signage. Public Works representatives noted that existing right-of-way needed to be shown on the site plan to determine how much right- of-way dedication would be required. This issue was briefly discussed. 5 FILE NO.: Z-6640 (Cont.) The required sidewalk along University Avenue was also discussed. The applicant was informed that a waiver of this requirement could be requested. The staff informed the applicant to contact the Building Codes Office to obtain information on building, remodeling and handicap accessibility. After the discussion, the Committee forwarded the application to the full Commission for resolution. PLANNING COMMISSION ACTION: (APRIL 15, 1999) Mary Jane Bailey and Allen Bailey were present, representing the application. There were several persons present supporting the application and one objector. Staff gave a brief description of the proposed POD and a recommendation of denial. Mary Jane Bailey addressed the Commission in support of the application. She presented photos to the Commission of the traffic at the intersection of University Avenue and Cantrell Road. She noted that the Prospect Building was only two blocks to the south. Mrs. Bailey noted that 18 letters of support were received and submitted one additional support letter to the Commission. She also noted that there were a number of people which supported the land use plan amendment and those persons also supported this rezoning. Mrs. Bailey noted the daily vehicle counts for University Avenue and Cantrell Road. She also stated that the rock wall along the front property line would be repaired as required by Public Works. She stated that the building will be made handicap accessible. She also stated that the property would conform with landscape and screening requirements. Mrs. Bailey stated that the proposed remodeling of the structure would comply with all building codes requirements. Moise Seligman spoke in favor of the application. He indicated that the proposal to convert the property into an office would be an improvement to the property. Ken Hiegel also spoke in favor of the application. He stated that this particular location would be most reasonable for an office location and not a residence base on the amount of traffic at this intersection. 6 FILE NO.: Z-6640 (Cont.) Johnny Jones addressed the Commission in favor of the application. He stated that he owns the property immediately south of the Bailey's property. Mr. Jones stated that the proposed POD would vastly improve the property. Diana Kinkead also addressed the Commission in support of the application. She also stated that the proposed use of the property would be an improvement. Ruth Bell, of the League of Women Voters, addressed the Commission in opposition to the application. She stated that this area is residential in nature and should remain that way. She stated that if this application is approved then it would begin "stripping out" the residential structures along University Avenue and Cantrell Road. Chairman Earnest read a list of issues regarding this rezoning which he passed out to the commissioners at the agenda meeting. Allen Bailey addressed the Commission in support of the application. He stated that the application should be based on the merits of this particular property. He stated that if this property were continued to be rented, then the rental value would have to be reduced. He stated that the property is not suitable as a residence based on the amount of traffic at this intersection. Bob Turner, of Public Works, stated that the deferral of street issues as noted in the staff report would be supported by Public Works. Commissioner Putnam noted that if this rezoning is approved, it would cause other residences to convert to offices. Commissioner Lowry asked if the staff was in favor of the previous Land Use Plan Amendment for this property. Jim Lawson, Director of Planning and Development, stated that staff was opposed to the Land Use Plan change. There was a general discussion concerning the appropriateness of the rezoning of this property. The discussion included the uses in this general area and the traffic issue regarding this intersection. During this discussion, Commissioner Downing eluded to the fact that the rezoning should be for this particular property owner. There was additional discussion concerning the appropriateness 7 FILE NO.: Z-6640 (Cont.) of the POD. Commissioner Berry noted that the proposed rezoning was appropriate and positive. Commissioner Faust concurred with Commissioner Berry. She stated that this property could act as a buffer for the neighborhood. Commissioner Nunnley asked if there was a neighborhood plan which included this property. Jim Lawson stated that there was no neighborhood action plan for this area. Commissioner Putnam noted that this corner has been a residence for over 50 years and has been vacant for very little time. Stephen Giles, City Attorney, stated that this particular rezoning should be discussed based on its specific merits. Monte Moore, of the Planning Staff, noted that as a point of clarification, the applicant had not requested that this POD be just for their ownership. Allen Bailey asked to amend the application so that the POD would run with Mary Jane and Allen Bailey only, as the property owners. A motion was made to approve the application with the conditions as noted in the agenda report, and the amendment that the POD be for the Baileys' ownership only. The motion was seconded. The motion passed by a vote of 6 ayes, 4 nays and 1 absent. The application was approved. 8