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HomeMy WebLinkAboutZ-6640-A Staff AnalysisFILE NO.: Z NAME: Bailey Revised Short -form POD LOCATION: Located at 1723 North University Avenue DEVELOPER: Mary Jane Bailey 2112 County Club Lane Little Rock, AR 72207 SURVEYOR: 011en Dee Wilson P.O. Box 604 North Little Rock, AR 72115 AREA: 0.14 acres CURRENT ZONING ALLOWED USES NUMBER OF LOTS: 1 -•I FT. NEW STREET: 0 LF Bailey Real Estate and Insurance Office, Single-family PROPOSED ZONING: Revised POD PROPOSED USE: A Professional Office User, Single-family VARIANCESIWAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,014, adopted by the Little Rock Board of Directors on May 18, 1999, rezoned this site from R-2, Single-family to POD for the applicants use of the single-family residential structure as a real estate office and insurance office and single-family as an alternative use. The office use of the property could not be transferred to a future office user without approval of an ordinance revising the POD. The hours of operation were approved from 8:00 am to 5:30 pm, Monday through Friday, with some weekend activity. The Board of Directors also approved a deferral of the right of way dedication for Cantrell Road and University Avenue and the required street improvements until the property was redeveloped. The deferral included a deferral of the improvements of the FILE NO.: Z -6640-B Cont. corner radius and a five (5) foot sidewalk on University Avenue. (Ordinance No. 18,015 adopted May 18, 1999) On July 23, 2009, the Little Rock Planning Commission approved a withdrawal request for a revision to the POD. The specific request was to allow the site to be marketed to general and professional office users and to allow single-family as an allowable alternative use for the property. There were no exterior changes proposed for the site. A. PROPOSAL/REQUEST/APPLICANTS STATEMENT: The applicant is now proposing to amend the POD to allow a specific office user to locate within the existing building. The occupant is proposed as Clientgsolutions, a computer service business. The applicant has indicated there are two (2) current employees of the business and one (1) additional employee will be added in the near future. The previously approved days and hours of operation will not change. Clientqsolutions is a company which provides technology support and consulting services to small and medium size businesses and the medical community. The business was established in 2000. The objective is to help these small to medium size businesses better utilize their technology resources. In the process the business enables organizations to increase productivity and find better methods to conduct business and help those organizations strengthen their overall business model. The primary client is small business (1 to 50 employees) with a focus on the healthcare industry. The company provides network services, disaster recovery, antivirus and security, remote administration and computer repair service. The property is not located within a recorded subdivision therefore there is not a Bill of Assurance for this site. B. EXISTING CONDITIONS: The site contains a 1,294 square foot structure most recently occupied by Bailey Real Estate Company. Access to the site is gained by utilizing an existing 20 foot alley which is located along the east property line. Three (3) parking spaces have been constructed within the rear yard area and a screening fence has been located along the southern property line. There are single-family residences located immediately south of the site, across the alley to the east and across University Avenue 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 a few informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 -feet, the Forest Park Neighborhood K FILE NO.: Z -6640-B Cont. Association, the Heights Neighborhood Association, the Normandy Shannon Property Owners Association and the South Normandy Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Enter : No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. 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. Fire Department: Fire hydrants maybe required. Contact the Little Rock Fire Department for additional information. Count Plannin : No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning_ Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for Revised Short -form POD. The request does not change the structures and maintains the office use with the possibility of returning to single-family use, no Land Use Plan amendment is required. This area is covered by the Heights Neighborhood Plan. The Zoning Goal states: `Require all non-residential development to submit a PZD for zoning changes. We do not support any zoning changes that are in conflict with the Future Land Use Plan. Any change must be consistent with the character of the neighborhood" 4 FILE NO.: Z -6640-B Cont. Master Street Plan: Cantrell Road and University Avenue are both Principal Arterials. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both of these streets since they are Principal Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Any dead or diseased landscaping must be replaced. 3. Some additional landscaping may be required with the proposed new construction. G. SUBDIVISION COMMITTEE COMMENT: (October 14, 2010) The applicant was not present. Staff stated there were no outstanding technical issues associated with the site plan in need of addressing prior to the Commission acting on the request. Staff stated the applicant had previously filed an application to allow a revision to the site without a specific user. Staff stated the applicant now had a user for the site and was now requesting to amend the POD for this user. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the October 14, 2010, Subdivision Committee meeting that required an amendment to the applicant's site plan. The request is to amend the existing POD to allow a specific office user to locate within the existing building. There will be no changes to the exterior of the building. All parking will remain as was previously constructed. No new signage is proposed for this occupant. Any signage will be limited to a single ground sign to comply with signage allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. The occupant proposed to lease the building is Clientgsolu#ions, which operates a computer service business. The applicant has indicated there are two (2) current employees of the business and one (1) additional employee will be added in the near future. The previously approved days and hours of operation 8:00 am to 5:30 pm, Monday through Friday with some weekend activity will not change. 0 FILE NO.: Z -6640-B (Cont_ The request includes the allowance of single-family as an allowable alternative uses for the property. Staff is supportive of the request. The applicant has indicated there are very few customer visits to the site since most of the activity takes place at the clients office or can be handled remotely. The number of employees has not significantly increased from the original approval and the days and hours of operation will remain the same as with the original approval. Staff feels the request to amend the POD for this user will not have a significant impact on the area. The original approval allowed for the conversion of this structure to an office use for a real estate company. As with this user the previous user was a low-key office use which it does not appear has impacted the residential uses in the area. Staff feels the request for the reuse of this building by this office user with only three (3) employees is appropriate. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBER 4, 2010) Ms. Mary Jane Bailey was present representing the request. Staff presented an overview of the requesting stating the user of the building was not the one identified in the staff write-up. Staff stated in the agenda package the user was identified as Clientqsolutions, a computer service business. Staff stated this user did not follow through and the applicant had since been contacted by a different office user to use the building. Staff stated the current user was Superior Senior Care. Staff stated they would_ use of the building as the Little Rock administrative office. Staff stated there were three full time employees that report to the office on a daily basis and one full time contract employee that was in the office but not on a daily basis. Staff stated there was also a part time person that worked a maximum of 28 hours per week. Staff stated there was little to no customer traffic since the patients were assessed at their home, nursing homes or area hospitals. Staff stated the hours of operation would remain as with the original approval and not exceed Monday through Friday from 8:00 am to 5:30 pm. Staff stated the faces of the existing signs would be changed on the monument sign located within the front yard area as well as on the front facade of the building. Staff stated the sign face on the rear of the building would remain as Bailey Real Estate. Staff stated Ms. Bailey would continue to receive mail at this address but would not be an office tenant at this address. Ms. Mary Jane Bailey addressed the Commission stating the user was a low key office user. She stated the traffic to the site would be limited since clients were not served from this location. F FILE NO.. Z-6640-13 Cont. Ms. Donna Kelso addressed the Commission on the specifics of the business. She stated the office use would be administrative. She stated this office would be responsible for a number of Counties within the Central Arkansas area. She stated the office space would be used for billing and scheduling. There was a general discussion by the Commission as to the activities to take place on the site. Ms. Kelso stated there were very few customers that actually came to the site since the contacts were made at the clients home, nursing home or hospital. She stated the clients served were for the most part nursing home eligible but with the services her company provided clients were able to stay in their own homes. A motion was made to approve the request to allow the use of the building by Superior Senior Care. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. A November 4, 2010 ITEM NO.: 6 NAME: Bailey Revised Short -form POD LOCATION: Located at 1723 North University Avenue DEVELOPER: Mary Jane Bailey 2112 County Club Lane Little Rock, AR 72207 SURVEYOR: 011en Dee Wilson P.O. Box 604 North Little Rock, AR 72115 AREA: 0.14 acres CURRENT ZONING: ALLOWED USES NUMBER OF LOTS: 1 ME LE NO.: Z -6640-B FT. NEW STREET: 0 LF Bailey Real Estate and Insurance Office, Single-family PROPOSED ZONING: Revised POD PROPOSED USE: A Professional Office User, Single-family VARIANCESIWAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,014, adopted by the Little Rock Board of Directors on May 18, 1999, rezoned this site from R-2, Single-family to POD for the applicant's use of the single-family residential structure as a real estate office and insurance office and single-family as an alternative use. The office use of the property could not be transferred to a future office user without approval of an ordinance revising the POD. The hours of operation were approved from 8:00 am to 5:30 pm, Monday through Friday, with some weekend activity. The Board of Directors also approved a deferral of the right of way dedication for Cantrell Road and University Avenue and the required street improvements until the property was redeveloped. The deferral included a deferral of the improvCments of the November 4, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -6640-B corner radius and a five (5) foot sidewalk on University Avenue. (Ordinance No. 18,015 adopted May 18, 1999) On July 23, 2009, the Little Rock Planning Commission approved a withdrawal request for a revision to the POD. The specific request was to allow the site to be marketed to general and professional office users and to allow single-family as an allowable alternative use for the property. There were no exterior changes proposed for the site. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is now proposing to amend the POD to allow a specific office user to locate within the existing building. The occupant is proposed as Clientqsolutions, a computer service business. The applicant has indicated there are two (2) current employees of the business and one (1) additional employee will be added in the near future. The previously approved days and hours of operation will not change. Clientqsolutions is a company which provides technology support and consulting services to small and medium size businesses and the medical community. The business was established in 2000. The objective is to help these small to medium size businesses better utilize their technology resources. In the process the business enables organizations to increase productivity and find better methods to conduct business and help those organizations strengthen their overall business model. The primary client is small business (1 to 50 employees) with a focus on the healthcare industry. The company provides network services, disaster recovery, antivirus and security, remote administration and computer repair service. The property is not located within a recorded subdivision therefore there is not a Bill of Assurance for this site. B. EXISTING CONDITIONS: The site contains a 1,294 square foot structure most recently occupied by Bailey Real Estate Company. Access to the site is gained by utilizing an existing 20 foot alley which is located along the east property line. Three (3) parking spaces have been constructed within the rear yard area and a screening fence has been located along the southern property line. There are single-family residences located immediately south of the site, across the alley to the east and across University Avenue to the west and northwest. Office and commercial uses are located across Cantrell Road to the north. K November 4, 2010 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z -6640-B C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 -feet of the site, all residents, who could be identified, located within 300 -feet, the Forest Park Neighborhood Association, the Heights Neighborhood Association, the Normandy Shannon Property Owners Association and the South Normandy Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS' PUBLIC WORKS CONDITION'S: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Paint Entirely: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. 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. Fire Department: Fire hydrants maybe required. Contact the Little Rock Fire Department for additional information. Countv Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUESITECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for Revised Short -form POD. The request does not 3 November 4, 2010 SUBDIVISION TEM NO.: B (Cont.) FILE NO.: Z -0040-B change the structures and maintains the office use with the possibility of returning to single-family use, no Land Use Plan amendment is required. This area is covered by the Heights Neighborhood Plan. The Zoning Goal states: "Require all non-residential development to submit a PZD for zoning changes. We do not support any zoning changes that are in conflict with the Future Land Use Plan. Any change must be consistent with the character of the neighborhood." Master Street Plan: Cantrell Road and University Avenue are both Principal Arterials. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both of these streets since they are Principal Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Any dead or diseased landscaping must be replaced. 3. Some additional landscaping may be required with the proposed new construction. G. SUBDIVISION COMMITTEE COMMENT: (October 14, 2010) The applicant was not present. Staff stated there were no outstanding technical issues associated with the site plan in need of addressing prior to the Commission acting on the request. Staff stated the applicant had previously filed an application to allow a revision to the site without a specific user. Staff stated the applicant now had a user for the site and was now requesting to amend the POD for this user. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the October 14, 2010, Subdivision Committee meeting that required an amendment to the applicant's site plan. The request is M November 4, 2010 SUBDIVISION ITEM NO.: 6 (Cont. FILE NO.: Z -6640-B to amend the existing POD to allow a specific office user to locate within the existing building. There will be no changes to the exterior of the building. All parking will remain as was previously constructed. No new signage is proposed for this occupant. Any signage will be limited to a single ground sign to comply with signage allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. The occupant proposed to lease the building is Clientqsolutions, which operates a computer service business. The applicant has indicated there are two (2) current employees of the business and one (1) additional employee will be added in the near future. The previously approved days and hours of operation 8:00 am to 5:30 pm, Monday through Friday with some weekend activity will not change. The request includes the allowance of single-family as an allowable alternative uses for the property. Staff is supportive of the request. The applicant has indicated there are very few customer visits to the site since most of the activity takes place at the client's office or can be handled remotely. The number of employees has not significantly increased from the original approval and the days and hours of operation will remain the same as with the original approval. Staff feels the request to amend the POD for this user will not have a significant impact on the area. The original approval allowed for the conversion of this structure to an office use for a real estate company. As with this user the previous user was a low-key office use which it does not appear has impacted the residential uses in the area. Staff feels the request for the reuse of this building by this office user with only three (3) employees is appropriate. STAFF RECOMMENDATION'. Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (NOVEMBR 4, 2010) Ms. Mary Jane Bailey was present representing the request. Staff presented an overview of the requesting stating the user of the building was not the one identified in the staff write-up. Staff stated in the agenda package the user was identified as Clientqsolutions, a computer service business. Staff stated this user did not follow through and the applicant had since been contacted by a different office user to use the 5 4 November 4, 2010 Qi iRnmicinr.i ITEM NO.: 6 (Cont.) FILE NO.: Z -6640-B building. Staff stated the current user was Superior Senior Care. Staff stated they would use of the building as the Little Rock administrative office. Staff stated there were three full time employees that report to the office on a daily basis and one full time contract employee that was in the office but not on a daily basis. Staff stated there was also a part time person that worked a maximum of 28 hours per week. Staff stated there was little to no customer traffic since the patients were assessed at their home, nursing homes or area hospitals. Staff stated the hours of operation would remain as with the original approval and not exceed Monday through Friday from 8:00 am to 5:30 pm. Staff stated the faces of the existing signs would be changed on the monument sign located within the front yard area as well as on the front facade of the building. Staff stated the sign face on the rear of the building would remain as Bailey Real Estate. Staff stated Ms. Bailey would continue to receive mail at this address but would not be an office tenant at this address. Ms. Mary Jane Bailey addressed the Commission stating the user was a low key office user. She stated the traffic to the site would be limited since clients were not served from this location. Ms. Donna Kelso addressed the Commission on the specifics of the business. She stated the office use would be administrative. She stated this office would be responsible for a number of Counties within the Central Arkansas area. She stated the office space would be used for billing and scheduling. There was a general discussion by the Commission as to the activities to take place on the site. Ms. Kelso stated there were very few customers that actually came to the site since the contacts were made at the clients home, nursing home or hospital. She stated the clients served were for the most part nursing home eligible but with the services her company provided clients were able to stay in their own homes. A motion was made to approve the request to allow the use of the building by Superior Senior Care. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. L ITEM NO.: 6, Z -6640-B NAME: Bailey Revised Short -form PCD LOCATION: located at 1723 North University Avenue Planning Staff Comments: 1. Provide notification of abutting property owners of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than October 20, 2010. The Office of Planning and Development must receive the proof of notice no later than November 29, 2010. 2. Provide a cover letter detailing the proposed activities on the site. 3. Provide details of any signage including building signage and ground signage. Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection; 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. Fire Department: Fire hydrants maybe required. Contact the Little Rock Fire Department for additional information. County Plan: _ No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for Revised Short -form POD. The request does not change the structures and maintains the office use with the possibility of returning to single-family use, no Land Use Plan amendment is required. This area is covered by the Heights Neighborhood Plan. The Zoning Goal states: "Require all non-residential development to submit a PZD for zoning changes. We do not support any zoning changes that are in conflict with the Future Land Use Plan. Any change must be consistent with the character of the neighborhood." Master Street Plan: Cantrell Road and University Avenue are both Principal Arterials. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both of these streets since they are Principal Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Any dead or diseased landscaping must be replaced. 3. Some additional landscaping may be required with the proposed new construction. 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, October 20, 2010. July 23, 2009 ITEM NO.: C FILE NO.: Z -6640-A NAME: Bailey Revised Short -form POD LOCATION: Located at 1723 North University Avenue DEVELOPER: Mary Jane Bailey 2112 County Club Lane Little Rock, AR 72207 SURVEYOR: 011en Dee Wilson P.O. Box 604 North Little Rock, AR 72115 AREA: 0.14 acres CURRENT ZON[NG ALLOWED USES PROPOSED ZONING PROPOSED USE NUMBER OF LOTS: 1 -•E FT. NEW STREET: 0 LF Bailey Real Estate and Insurance Office, Single-family Revised POD General and Professional Office, Single-family VARIANCESNVAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 18,014, adopted by the Little Rock Board of Directors on May 18, 1999, rezoned this site from R-2, Single-family to POD for the applicant's use of the single- family residential structure as a real estate office and insurance office and single-family as an alternative use. The office use of the property could not be transferred to a future office user without approval of an ordinance revising the POD. The hours of operation were approved from 8:00 am to 5:30 pm Monday through Friday, with some weekend activity. The Board of Directors also approved a deferral of the right of way dedication for Cantrell Road and University Avenue and the required street improvements until the property was redeveloped. The specifics of the deferral were for right of way dedication July 23, 2009 SUBDIVISION ITEM NO.: C Cont. FILE NO.: Z -6640-A on Cantrell Road and University Avenue beyond dedication to 30 feet on Cantrell Road and 27 feet on University Avenue. The deferral included a deferral of the improvements of the corner radius and a 5 foot sidewalk on University Avenue. (Ordinance No. 18,015 adopted May 18, 1999) A. PROPOSAUREQUEST: The applicant is now requesting a revision to the POD to allow the site to be marketed to general and professional office users. The applicant is requesting single-family as an allowable alternative use for the property. There are no exterior changes proposed for the site. The site contains three (3) parking spaces accessed from the alley. The structure is a single story frame residential structure containing 1,294 square feet. The hours of operation are proposed as were previously approved. B. EXISTING CONDITIONS: The site contains a 1,294 square foot structure currently occupied by Bailey Real Estate Company. Access to the site is gained by utilizing an existing 20 foot alley which is located along the east property line. Three parking spaces have been constructed within the rear yard area and a screening fence has been located along the southern property line. There are single-family residences located immediately south of the site, across the alley to the east and across University Avenue 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 several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Heights Neighborhood Association, the Forest Park Neighborhood Association and the Normandy Shannon Property Owners Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. University Avenue is classified on the Master Street Plan as a principal arterial. Future dedication of right-of-way will be 65 feet from centerline due to the arterial -arterial intersection when the property re -develops. No dedication is required with this application. 2 July 23, 2009 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z -6640-A E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Enter : No comment received. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. CATA: The site is located on CATA Bus Route #21 — the University Avenue Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for Revised Short -form POD. The request does not change the structures and maintains the office use with the possibility of returning to single-family use, no Land Use Plan amendment is required. Master Street Plan: Cantrell Road and University Avenue are both Principal Arterials. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both of these streets since they are Principal Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Heights Neighborhood Plan. The Zoning Goal states: "Require all non-residential development to submit a PZD for zoning changes. We do not support any zoning changes that are in conflict with the Future Land Use Plan. Any change must be consistent with the character of the neighborhood." 3 July 23, 2009 SUBDIVISION ITEM NO.: C Cont. FILE NO.: Z -6640-A Landscape: No comment on the proposed change in the allowable use of the property. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was not present. Staff presented the item stating the request was to change the proposed use of the property. Staff stated the original application allowed Ms. Bailey to operate her real estate office from the site as well as an insurance office. Staff stated the approval was not a transferable use. Staff stated the request was now to offer the site for sale to general and professional office users. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. K ANALYSIS: There were no issues raised at the October 9, 2008, Subdivision Committee meeting in need of addressing. The applicant is proposing a revision to the previously approved Planned Office Development, POD, to allow the use of this site as a general and professional office use. The previous approval limited the office zoning to the applicant's occupancy and did not allow for the office use to transfer to future users. The cover letter indicates potential users are real estate, insurance, investment firm, law office, etc. The hours of operation are proposed as previously approved from 8:00 am to 5:30 pm Monday through Friday with some weekend activity. Staff is not supportive of the proposed change to allow a general and professional office user without knowing the specifics of the future user. The original approval was limited to Bailey Real Estate and Insurance. The hours of operation were restricted and the number of employees was also restricted. Real estate and insurance office uses typically do not generate a great deal of customer traffic which lessen the need for parking. This may not be the case of a future office user. Single-family was approved as an alternative use for the property. Staff was not supportive of the original application and staff is not supportive of the current request. The reason for staff's non-support are similar to concerns raised with the initial application. Staff has concerns with the limited number of parking spaces. The site contains three parking spaces and the request includes the allowance of three employees. If all employees are on-site there is no place for customers to park without blocking the alley or driveway, which was a concern with the original application. Also as previously stated staff feels the residential boundary lines have been established over the years in this area and should be maintained. There have been requests to allow the conversion of homes and structures to office and commercial uses along the south side of Cantrell Road in this area over the past few years. Staff has consistently not supported these request or inquiries. Staff feels an office use in this area is not appropriate and is not compatible with the adjacent single-family homes. Cl July 23, 2009 SUBDIVISION ITEM NO.: C Cont, FILE NO.: Z -5640-A I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) Ms. Mary Jane Bailey was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Bailey addressed the Commission on the merits of her request. She stated she was going to try to address staff's primary objections. She stated the site was different than the remaining homes on the south side of Cantrell Road such that the home faced University Avenue and did not face an adjoining home. She stated the home was cut-off from the remainder of the neighborhood by the median on University Avenue. She stated the site had three parking spaces, which served the needs of the office use. She stated the UPS and Postman used the parking lot area to serve the homes fronting on University Avenue since there was no front access to the homes on University Avenue. She stated the future uses of the site would be limited by the zoning. She stated the hours of operation, the number of employees and the use of the building would be a condition of the approval. Ms. Bailey provided the Commission with letters of support for the request indicating the office use had not impacted the adjoining residential homes. Ms. Ruth Bell addressed the Commission in opposition. She stated she was representing the League of Women Voters on the issue and the League felt the site should not be allowed to become office. She stated the site was a viable site as a residential use. She stated the homes in the area were different than the Heights area in that the homes were affordable. She stated if the property was opened up for more intense use this would most definitely impact the future uses of the adjoining homes and the possibility of these homes also becoming a non-residential use. Ms. Bailey stated the limits would be a part of the approval. She stated the hours of operation would not change, the site would be limited to three employees and the uses anticipated were quiet office uses. The Commission questioned Ms. Bailey as to potential tenants. She stated she had received calls from an attorney, a CPA and a counselor. The Commission questioned if Ms. Bailey would consider withdrawing the item until she had a buyer. Ms. Bailey stated this was not acceptable: She stated without the zoning she would not be able to sell the site. The Commission questioned if she was willing to defer the item and come back to the Commission when she had a potential buyer for the property. She stated this was 5 July 23, 2009 SUBDIVISION ITEM NO.: C Cont. FILE NO.: Z -6640-A acceptable. The Commission questioned if the application were denied would she be limited to the one year rule for filing a new application. Staff stated they felt if she had a user then a new application could be filed within one year of the denial because the application would be substantially different. There was a general discussion as to when the item would come back to the Commission. Commissioner Adcock requested a deferral of the item to the February 5, 2009, public hearing. A motion was made to defer the item to the February 5, 2009, public hearing. The motion carried by a vote of 10 ayes, 0 noes, 0 absent and 1 open position. STAFF UPDATE: The applicant has contacted staff requesting a deferral of this item to the March 19, 2009, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009) The applicant was not present. There were no registered objectors present. Staff stated the applicant had contacted them requesting a deferral of the item to the March 19, 2009, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the Consent Agenda as presented by staff. The motion carried by a vote of 10 ayes, 0 noes and 1 absent. STAFF UPDATE: Staff continues to not support the request to allow this structure to become a general and professional office use. As stated in the previous write-up staff feels the residential and non-residential boundary lines have been drawn in this area with the non-residential uses being located north of Cantrell Road and the residential uses being located south of Cantrell Road. Although there have been a number of requests filed to rezone property on the south side of Cantrell Road, staff has continuously not supported allowing the non-residential uses to expand to this area. The units to the south and east of this site are residential as well as the units to the west and northwest across University Avenue. The units appear to be occupied and even though they are located at an arterial/arterial intersection it does not appear to have affected the livability of these units. Staff feels an office use in this area is not appropriate and is not compatible with the adjacent single-family homes. X 11 July 23, 2009 SUBDIVISION ITEM NO.: C Cont. FILE NO.: Z -6640-A PLANNING COMMISSION ACTION: (MARCH 19, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had contacted staff on March 16, 2009, requesting a deferral of the item to the April 30, 2009, public hearing. Staff stated the applicant had indicated the additional time would allow her to work with staff on possible future uses for the site and/or allow additional time to secure a potential user for the site. Staff stated the deferral request would require a waiver of the Commission's By-laws due to the request not being made a minimum of five working days prior to the public hearing. Staff stated they were supportive of the deferral. There was no further discussion of the item. A motion was made to waive the By-laws with regard to the late deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for deferral of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The item was deferred from the March 19, 2009, public hearing to the April 30, 2009, public hearing at the applicant's request. There has been no change to the application or the request since the previous staff write-up. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (APRIL 30, 2009) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had a request of the Commission for deferral of the item. Mr. Gary Smith, representative of the applicant, addressed the Commission requesting a sixty day deferral of the item. He stated there was currently a marketing plan in place and he felt a deferral for sixty days would allow time to negotiate with several prospective buyers. The Commission questioned staff as to the date the item would be deferred. Staff stated the item would be deferred for two cycles to the July 23, 2009. Staff stated the deferral request would require a waiver of the Commission's By-laws with regard to the number of deferrals. 7 July 23, 2009 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z -6640-A There was no further discussion of the item. A motion was made to waive the Commission's By-laws with regard to the number of deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for deferral of the item to the July 23, 2009, public hearing. The motion carried by a vote of 9 ayes, 0 noes and 2 absent STAFF UPDATE: Mr. Gary Smith of Flake and Kelly Commercial contacted staff stating there were interested parties concerning leasing the property. Staff requested Mr. Smith provide staff something in writing outlining the proposed uses and lease agreements. The applicant has not provided staff with the written information. Staff continues to not support the request. The original approval allowed for Ms. Bailey to operate her business from the site and she made a commitment to the neighborhood, the Planning Commission and the Board of Directors that when she no longer utilized the site for her business the site would return to a residential use. Staff feels this is a viable corner for residential. There are a number of homes located on Cantrell Road in this area, which do not appear to have been impacted by the traffic on this adjacent arterial street. PLANNING COMMISSION ACTION: (JULY 23, 2009) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 20, 2009, requesting the item be withdrawn from consideration without prejudice. Staff stated the request would require a waiver of the Commission's By-laws with regard to the late withdrawal request. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for a waiver of the By-laws with regard to the late withdrawal request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for placement of the item on the consent agenda for withdrawal as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. ITEM NO.: 6. Z -6640-A NAME: Bailey Revised Short -form POD LOCATION: located at 1723 North University Avenue Planning Staff Comments: 1. Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notices must be mailed no later than October 15, 2008. The Office of Planning and Development must receive the proof of notice no later than October 24, 2008. 2. The parking indicated on the site plan does not match the parking layout located on the site. Provide an updated site plan. 3. Is single-family being requested as an allowable alternative use for the property? 4. Provide the users proposed to occupy the site. (General and Professional Office users, 0-1, Quiet Office District uses) 5. Provide a note on the site plan concerning the proposed screening fence located along the southern perimeter. 6. Provide details of the proposed signage including location, total height and total area on the site plan. 7. Provide details of proposed building signage including location and total percentage of the fagade area. 8. Provide the days and hours proposed for operation. Variance[Waivers: None requested. Public Works Conditions: 1. University Avenue is classified on the Master Street Plan as a principal arterial. Future dedication of right-of-way will be 65 feet from centerline due to the arterial - arterial intersection when the property re -develops. No dedication is required with this application. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Item # 6. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. CATA: The site is located on CATA Bus Route #21 — the University Avenue Route. Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Low Density Residential for this property. The applicant has applied for Revised Short -form POD. The request does not change the structures and maintains the office use with the possibility of returning to single-family use, no Land Use Plan amendment is required. Master Street Plan: Cantrell Road and University Avenue are both Principal Arterials. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on both of these streets since they are Principal Arterials. These streets may require dedication of right- of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes in the immediate vicinity. Neighborhood Action Plan: This area is covered by the Heights Neighborhood Plan. The Zoning Goal states: "Require all non-residential development to submit a PZD for zoning changes. We do not support any zoning changes that are in conflict with the Future Land Use Plan. Any change must be consistent with the character of the neighborhood." Landscape: No comment on the proposed change in the allowable use of the property. 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, October 15, 2008. Item # 6.