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HomeMy WebLinkAboutZ-6683-A Staff AnalysisFILE NO.: Z. NAME: Loux Short -form PCD LOCATION: Located at 17415 Lawson Road DEVELOPER: Kenny Loux 18305 Lawson Road Little Rock, AR 72210 ENGINEER: Delton Brown Land Surveying 2421 County Line Road Little Rock, AR 72210 AREA: 1.97 Acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: VarianceMaivers: NUMBER OF LOTS: 1 FT. NEW STREET: 0 C-1, Neighborhood Commercial District and R-2, Single-family District Limited retail development adjacent to neighborhoods and Single-family PD -C and R-2 Used car automobile dealership and Single-family 1. A five year deferral of the required Master Street Plan improvements to Lawson Road. BACKGROUND: Ordinance No. 18,063 adopted by the Little Rock Board of Directors on July 20, 1999, rezoned the north 180 -feet of the site from R-2, Single-family to C-1, Neighborhood Commercial and left the remainder of the site zoned R-2, Single-family District. A Conditional Use Permit was also approved for the site to allow a furniture repair business to operate on the site. An older singlewide manufactured home was located on the southern half of the tract, which remained zoned R-2, Single-family. The applicant proposed the construction of a new 40 -foot by 80 -foot metal building on the FILE NO.: Z -6683-A Cont. north one half of the site. Signage was to be limited to signage allowed in offices zones or six feet in height and sixty-four square feet in area. Deed Document No. 2000024890 indicates a dedication of right-of-way to the City of Little Rock 20 of additional feet from the south right-of-way line of Lawson Road. A. PROPOSAUREQUEST: The applicant proposes the rezoning of the portion of this 1.97 -acre parcel previously zoned from C-1, Neighborhood Commercial District (the north 180 - feet) to PD -C to allow the sale of used automobiles from the site. The remainder of the property will remain zoned R-2, Single-family District. The property is located outside the City Limits but within the Extraterritorial Planning Jurisdiction. The applicant has indicated the existing building will be used for vehicle maintenance. The applicant's cover letter indicates vehicle maintenance will include repair or replacement of worn parts and damaged body parts. The site plan also indicates 36 parking spaces for the display automobile inventory. The proposed site plan includes two areas for building expansion. The site plan includes the placement of a 30 -foot by 40 -foot addition to the west side of the building and the addition of a 60 -foot by 30 -foot area to the rear of the building. The applicant has indicated these expansion areas for potential growth should the need arise in the future. The applicant has indicated employee parking will be located in the rear of the building. The site plan indicates paved areas will be constructed of ground asphalt compacted to a minimum of four inches. The material will then be sealed to maintain the hard surface. The applicant is requesting a five (5) year deferral of the required street improvements to Lawson Road. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The property is located outside the City limits but within the City's Extraterritorial Planning Jurisdiction. The area is very rural in nature with the predominate land uses being single-family homes on large tracts and large tracts of undeveloped property. A small commercial node is located just east of this site, at the intersection of Lawson and Sullivan Roads. Several small businesses are located at that intersection. There is a local volunteer fire department and a small commercial business located adjacent to the site. 2 FILE NO.: 2-6683-A(Cont.) C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident concerning the proposed use of the property. All residents who could be identified located within 300 -feet of the site and all owners of property located within 200 -feet of the site were notified of the public hearing. There is not an active neighborhood association located in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 -feet from centerline will be required. 2. With future construction, provide design of street conforming to the Master Street Plan for a five lane arterial. Construct one-half street improvement to the street with the planned development or obtain a Board of Directors deferral of street construction. 3. The site is outside of the existing corporate limits. No storm water detention or grading permits are required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Approved as submitted. Center -Point Ener : No comment received. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. The Fire Department having jurisdiction needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Approved as submitted. County Planning: A 40 -foot building line is required along all property lines that adjoin residential properties. Indicate owners and uses of all adjoining parcels on the site plan. Indicate the actual right-of-way line. The County will not allow a cable fence to be installed less than 20 -feet from centerline of Lawson Road, it is neither legal nor safe. 3 FILE NO.: Z -6683-A Cont. All driveways accessing County roads require permitting from Pulaski County Road and Bridge (501) 340-6800. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Crystal Valley Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development -PCD for a used car lot featuring 30-40 vehicles. Vehicle maintenance and repair will be done in an existing building on site. A land use plan amendment for a change to Commercial is a separate item on this agenda (File No. LU04-17-02 — Item #7). Master Street Plan: Lawson Road and Sullivan Road are shown as Minor Arterials on the Master Street Plan. The purpose of a Minor Arterial is to provide connections to and through an urban area. Lawson Road may require dedication of right-of-way and may require street improvements. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: The plan submitted does not allow for the 28 -foot wide on-site street buffer required along Lawson Road. A six 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. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Kenny Loux was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested Mr. Loux provide details of the proposed vehicle maintenance to be performed on the site. Mr. Loux stated limited bodywork would be preformed on automobiles but no parts would be stored on the site. Staff also requested a detailed parking plan. Mr. Loux stated automobiles would be placed along the western perimeter and along the roadway frontage of Lawson Road. Public Works comments were addressed. Staff stated the required right-of-way dedication would be 45 -feet from centerline. Mr. Loux questioned the required right-of-way to meet County standard. Pulaski County Planning staff stated 25 -feet. Mr. Loux questioned if the dedication could meet the County standard 4 FILE NO.: Z -6583-A (Cont. and not City standard. Staff stated not without a waiver from the Little Rock Board of Directors concerning the Master Street Plan requirements. (It was later determined the right-of-way is currently in place at 45 -feet from the centerline.) Mr. Loux also stated to install the street improvements at this time would be a hardship. Staff stated he could seek a deferral from the Little Rock Board of Directors concerning the required improvements. Landscaping comments were addressed. Staff stated the proposed site plan did not meet the minimum ordinance requirement of 28 -feet. Staff stated at a minimum a landscape strip of nine feet would be required along Lawson Road to meet the City Beautiful Commission requirement. Staff stated less than nine feet would require the applicant to make application to the City Beautiful Commission for relief. County Planning comments were addressed. Staff stated the proposed gate would not be allowed in the location indicated. Staff stated the location was not legal and created a safety concern. 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 plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated a detailed parking plan for the site. The applicant has also indicated only minor engine repair and minor body repair will be conducted on the site. The applicant has indicated there will be no storage of parts or materials on the site other than automobiles display. The applicant is requesting the placement of automobiles within the existing right-of-way and the placement of a cable fence within the existing right-of-way. The applicant has indicated the hours of operation will be from 7:00 am to 8:00 pm six days per week. The applicant has indicated there will not be a dumpster located on the site. The applicant is not requesting any ground signage as a part of the development. The site plan includes the placement of signage on the awning located on the front of the building. The applicant has indicated there will be four employees of the business. The applicant has also indicated site lighting will be low level and directional, directed inward away from residentially zoned properties. The applicant has indicated two expansion areas. One expansion area is located to the west of the building and is located approximately 35 -feet from the Lawson Road property line and approximately 15.3 feet from the western property line. The second expansion area is located to the rear of the existing building. The applicant has indicated these expansion areas are to allow for future growth. The expansion areas are estimated at 1200 square feet and 1800 square feet. Employee parking has been designated adjacent to the rear expansion area. Gi FILE NO.: Z -6683-A Cont. The applicant has indicated display parking on the proposed site plan. The applicant has indicated 14 parking spaces fronting Lawson Road within the existing right-of-way. The applicant has also indicated 22 parking spaces along the western property line. The total available display parking indicated is 36 parking spaces. The applicant has indicated parking will be constructed of reclaimed asphalt grindings compacted with 6 -inches to 8 -inches of material, rolled and seal coated within one year. The existing manufactured home on the site is to remain. The home is used as a residence and is not proposed as any alternative uses. Access to the home is located along the eastern property line by a single drive shared by the proposed automobile dealership. The applicant is requesting a waiver of the required landscaping on the site. The typical minimum ordinance requirement for a site of this depth would be a 28 -foot wide on-site street buffer along Lawson Road and a six 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, The site plan does not include any areas identified for landscape or land use buffers. Staff is not supportive of the proposed request. The indicated site plan does not comply with current city ordinances and county ordinances with regard to building setbacks and landscaping. Per the current County Ordinances, all buildings should be set a minimum of 46 -feet from all property lines. The building with expansion is indicated at approximately 35 -feet from the front property line and 15.3 feet from the western property line. To be allowed the expansion areas a variance from Pulaski County Planning Board would have to be approved. Staff does not feel approving a site plan that does not meet current County requirements is appropriate without the County Planning Board first approving the variances. The site was zoned C-1, Neighborhood Commercial District with a Conditional Use Permit to allow furniture repair on the site. Staff feels the requested use as a automobile dealership with automobile body repair (which is typically allowed in C-4, Open Display District) is too intense for the site. In addition, staff is not supportive of the placement of the indicated cable fence within the existing right-of-way. The placement of the cable within the right-of-way creates a safety concern as well as a liability concern for the County. Staff is also not supportive of the applicant's request to display vehicles within the existing right-of-way. The applicant has indicated the additional area is needed to allow the use of the site as an automobile dealership. Staff feels the applicant may be trying to do too much on the site if this 20 -feet is required to make the project work. Staff feels the site should utilize the existing neighborhood commercial uses as was previously approved. Staff feels the open display district is too intense for the area. A FILE NO.: Z -6683-A I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter requesting the item be deferred to the January 20, 2005 public hearing. Staff stated the request would require a waiver of the By-laws for the late deferral request. A motion was made to waive the By-laws for the later deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a revised plan to staff addressing additional concerns raised prior to the December 2, 2004, Planning Commission Public Hearing. The applicant has indicated only minor engine repair will be conducted on the site and no body repair will be performed at the site. The applicant has indicated there will be no storage of parts or materials on the site other than automobiles display. The applicant has removed his request for the placement of automobiles within the existing right-of-way and the placement of a cable fence within the existing right-of-way. The applicant has indicated on the site plan the current right-of-way as was previously dedicated as a part of the C-1, Neighborhood Commercial District zoning approval. As was previously proposed the applicant has indicated the hours of operation will be from 7:00 am to 8:00 pm six days per week. The applicant has indicated there will not be a dumpster located on the site. The applicant is not requesting any ground signage as a part of the. development. The site plan includes the placement of signage on the awning located on the front of the building. The applicant has indicated there will be four employees of the business. The applicant has also indicated site lighting will be low level and directional, directed inward away from residentially zoned properties. The applicant has removed his request for two expansion areas. One expansion area was located to the west of the building and was located approximately 35 -feet from the Lawson Road property line and approximately 15.3 feet from the western property line. The second expansion area was located to the rear of the existing building. The applicant indicated these expansion areas were needed to allow for future growth. The expansion areas were an estimated 1,200 square feet and 1,800 square feet. Employee parking continues to be designated adjacent to the rear of the existing 7 FILE Na.: Z -6683-A Cont. building. With the removal of the proposed expansion areas the site plan now complies with Pulaski County's 40 -foot building setback requirement. The applicant has indicated display parking on the proposed site plan. The applicant has indicated display parking fronting Lawson Road, display parking along the western property line and display parking along the eastern property line. The total available display parking indicated on the site plan is 36 parking spaces. The applicant has indicated parking will be constructed of reclaimed asphalt grindings compacted with 6 -inches to 8 -inches of material, rolled and seal coated within one year. The existing manufactured home on the site is to remain. The home is used as a residence and is not proposed as any alternative uses. Access to the home is located along the eastern property line by a single drive shared by the proposed automobile dealership. The applicant is requesting a reduction in the required landscaping on the site. The typical minimum ordinance requirement for a site of this depth would be a 28 -foot wide on-site street buffer along Lawson Road and a six 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. The applicant has indicated plantings will be installed along the eastern perimeter of the site to screen adjoining property.. The applicant has indicated the street buffer at nine feet. The indicated buffer does meet the minimum landscape strip requirement but does not meet the buffer average requirement. Staff is not supportive of the proposed request. The site was zoned C-1, Neighborhood Commercial District with a Conditional Use Permit to allow furniture repair on the site. Staff feels the requested use of an automobile dealership is too intense for the site. The site is located within an area identified on the City's Future Land Use Plan as Single-family residential. There are areas to the east of the site designated as Neighborhood Commercial and areas to the west of the site designated as Commercial and Mixed Commercial Industrial. Staff does not feel this is an appropriate location to introduce a C-4, Open Display District commercial activity. Staff feels the proposed use would be more appropriate locating in an area, which is not predominately single-family. Staff feels the site should utilize the neighborhood commercial uses as was previously approved. Staff feels the open display district is too intense for the area. Staff recommends denial of the request PLANNING COMMISSION ACTION: (JANUARY 20, 2005) The applicant was not present. There were no registered objectors present. Staff stated the applicant had requested the itern be deferred to the March 3, 2005, Public Hearing. Staff stated the deferral requested would take a waiver of the By-laws with regard to the late deferral request. Staff stated they were supportive of the By-law waiver and the deferral request. 0 FILE NO.: Z -6683-A Cont. -_ A motion was made to waive the By-laws with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 no and 1 absent. There was no further discussion of the item. The chair entertained a motion to place the item on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0 no and 1 absent. PLANNING COMMISSION ACTION: (MARCH 3, 2005) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of denial. Staff stated the applicant had amended his request to address most of the technical issues raised at the Subdivision Committee meeting. Staff stated the applicant had removed his request to allow the placement of automobiles and a fence within the right-of-way. Staff also stated the applicant had indicated landscaping along the eastern and western property lines. Staff stated the applicant was not providing the required street buffer. Staff stated the site plan indicated a street buffer of nine feet and not the 28 -foot average as typically required by the zoning ordinance. Staff stated the amended request did not include expansion areas therefore street improvements would no longer be required. Staff stated if and when expansions were requested street improvements would then be required. Staff also stated the applicant was not proposing any bodywork or the storage of parts or materials on the site. Mr. Wes Lowder addressed the Commission on behalf of the applicant. He stated the applicant owned an existing business about'/ mile from the current application site. He stated the applicant was requesting a rezoning to allow the placement of 36 -cars on the lot for resale. He stated the applicant had revised his site plan to address most of staffs concerns and comments. He stated the applicant was requesting a reduced landscape strip adjacent to Lawson Road. He stated the applicant had indicated a nine foot landscape strip which would meet the minimum required landscape strip but the area did not meet the required average of 28 -feet. He stated the applicant was proposing the placement of landscaping along the eastern and western perimeters of the site. Mr. Lowder stated the applicant was not proposing any bodywork, storage of parts or materials and was no longer requesting an expansion of the proposed buildings. Mr. Lowder stated there were several neighbors who had come to show support of the proposed development. He requested the individuals stand to show support. Ten persons were present. Mr. Sonny Simpson addressed the Commission.in support of the proposed request. He stated he had lived in the area for 25 plus years and was well aware of Mr. Loux and his business practices. He stated his current business was a business that needed screening and Mr. Loux had placed a fence adjacent to the roadway to provide the screening. He stated he had talked to a number of neighbors and most of which indicated support for Mr. Loux's request to place a car lot in the requested area. He stated he felt Mr. Loux would run a clean business and be an asset to the area. Ms. Kathleen Oleson addressed the Commission in opposition of the proposed request. She stated the request to rezone the site from C-1 to C-4 was a dramatic change. She FILE NO.: Z -6683-A (Cont. stated the proposed request would change the landscape of the area and to place a C-4 use in an area identified as Single Family on the plan was not appropriate. Commissioner Rector questioned the application request. Staff stated the request was a Planned Development to place a C-4 use on the site. Commissioner Rector stated the request was for a specific commercial use and not allow the allowed uses in C-4. There was a general discussion concerning the proposed request and if the approval would allow the transfer of ownership. Staff stated the request was not limited to Mr. Loux. Mr. Loux stated he would be willing to amend his application to limit the approval to his ownership of the property and his ownership of the business. A motion was made to approve the request as amended. The motion carried by a vote of 6 ayes, 4 noes and 1 absent. 10 March 3, 2005 ITEM NO.: A.1 FILE NO.: Z -6683-A NAME: Loux Short -form PCD LOCATION: Located at 17415 Lawson Road DEVELOPER: Kenny Loux 18305 Lawson Road Little Rock, AR 72210 ENGINEER: Delton Brown Land Surveying 2421 County Line Road Little Rock, AR 72210 AREA: 1.97 Acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE: VarianceNVaivers: NUMBER OF LOTS: 1 FT. NEW STREET: 0 C-1, Neighborhood Commercial District and R-2, Single-family District Limited retail development adjacent to neighborhoods and Single-family PD -C and R-2 Used car automobile dealership and Single-family A five year deferral of the required Master Street Plan improvements to Lawson Road. BACKGROUND: Ordinance No. 18,063 adopted by the Little Rock Board of Directors on July 20, 1999, rezoned the north 180 -feet of the site from R-2, Single-family to C-1, Neighborhood Commercial and left the remainder of the site zoned R-2, Single-family District. A Conditional Use Permit was also approved for the site to allow a furniture repair business to operate on the site. An older singlewide manufactured home was located on the southern half of the tract, which remained zoned R-2, Single-family. The applicant proposed the construction of a new 40 -foot by 80 -foot metal building on the March 3, 2005 SUBDIVISION ITEM NO.: A.1 Cont. FILE NO.: Z -6683 -A north one half of the site. Signage was to be limited to signage allowed in offices zones or six feet in height and sixty-four square feet in area. Deed Document No. 2000024890 indicates a dedication of right-of-way to the City of Little Rock 20 of additional feet from the south right-of-way line of Lawson Road. A. PROPOSAUREQUEST: The applicant proposes the rezoning of the portion of this 1.97 -acre parcel previously zoned from C-1, Neighborhood Commercial District (the north 180 - feet) to PD -C to allow the sale of used automobiles from the site. The remainder of the property will remain zoned R-2, Single-family District. The property is located outside the City Limits but within the Extraterritorial Planning Jurisdiction. The applicant has indicated the existing building will be used for vehicle maintenance. The applicant's cover letter indicates vehicle maintenance will include repair or replacement of worn parts and damaged body parts. The site plan also indicates 36 parking spaces for the display automobile inventory. The proposed site plan includes two areas for building expansion. The site plan includes the placement of a 30 -foot by 40 -foot addition to the west side of the building and the addition of a 60 -foot by 30 -foot area to the rear of the building. The applicant has indicated these expansion areas for potential growth should the need arise in the future. The applicant has indicated employee parking will be located in the rear of the building. The site plan indicates paved areas will be constructed of ground asphalt compacted to a minimum of four inches. The material will then be sealed to maintain the hard surface. The applicant is requesting a five (5) year deferral of the required street improvements to Lawson Road. The applicant has indicated there is not a Bill of Assurance in effect for this parcel of property. B. EXISTING CONDITIONS: The property is located outside the City limits but within the City's Extraterritorial Planning Jurisdiction. The area is very rural in nature with the predominate land uses being single-family homes on large tracts and large tracts of undeveloped property. A small commercial node is located just east of this site, at the intersection of Lawson and Sullivan Roads. Several small businesses are located at that intersection. There is a local volunteer fire department and a small commercial business located adjacent to the site. 2 March 3, 2005 SUBDIVISION ITEM NO.: A.1 Cont. FILE NO.: Z -6683-A C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident concerning the proposed use of the property. All residents who could be identified located within 300 -feet of the site and all owners of property located within 200 -feet of the site were notified of the public hearing. There is not an active neighborhood association located in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 -feet from centerline will be required. 2. With future construction, provide design of street conforming to the Master Street Plan for a five lane arterial. Construct one-half street improvement to the street with the planned development or obtain a Board of Directors deferral of street construction. 3. The site is outside of the existing corporate limits. No storm water detention or grading permits are required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Approved as submitted. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. The Fire Department having jurisdiction needs to evaluate this site to determine whether additional public and/or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer's expense. Fire Department: Approved as submitted. county Planning: A 40 -foot building line is required along all property lines that adjoin residential properties. Indicate owners and uses of all adjoining parcels on the site plan. 3 March 3, 2005 SUB )VISION ITEM NO.: A.1 Cont. FILE NO.: Z -6683-A Indicate the actual right-of-way line. The County will not allow a cable fence to be installed less than 20 -feet from centerline of Lawson Road, it is neither legal nor safe. All driveways accessing County roads require permitting from Pulaski County Road and Bridge (501) 340-6800. CATA: No comment received. F. ISSU ESITECHN ICALIDESIGN: Planning Division: This request is located in the Crystal Valley Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development -PCD for a used car lot featuring 30-40 vehicles. Vehicle maintenance and repair will be done in an existing building on site. A land use plan amendment for a change to Commercial is a separate item on this agenda (File No. LU04-17-02 — Item #7). Master Street Plan: Lawson Road and Sullivan Road are shown as Minor Arterials on the Master Street Plan. The purpose of a Minor Arterial is to provide connections to and through an urban area. Lawson Road may require dedication of right-of-way and .may require street improvements. Existing or proposed Class I, II, or III bikeways are not in the immediate vicinity of the development. Citv Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: The plan submitted does not allow for the 28 -foot wide on-site street buffer required along Lawson Road. A six 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. G. SUBDIVISION COMMITTEE COMMENT: (October 28, 2004) Mr. Kenny Loux was present representing the request. Staff presented an overview of the proposed development indicating there were additional items necessary to complete the review process. Staff requested Mr. Loux provide details of the proposed vehicle maintenance to be performed on the site. Mr. Loux stated limited bodywork would be preformed on automobiles but no 4 March 3, 2005 SUBDIVISION ITEM NO.: A.1 Cont. FILE NO.: Z -6683-A parts would be stored on the site. Staff also requested a detailed parking plan. Mr. Loux stated automobiles would be placed along the western perimeter and along the roadway frontage of Lawson Road. Public Works comments were addressed. Staff stated the required right-of-way dedication would be 45 -feet from centerline. Mr. Loux questioned the required right-of-way to meet County standard. Pulaski County Planning staff stated 25 -feet. Mr. Loux questioned if the dedication could meet the County standard and not City standard. Staff stated not without a waiver from the Little Rock Board of Directors concerning the Master Street Plan requirements. (It was later determined the right-of-way is currently in place at 45 -feet from the centerline.) Mr. Loux also stated to install the street improvements at this time would be a hardship. Staff stated he could seek a deferral from the Little Rock Board of Directors concerning the required improvements. Landscaping comments were addressed. Staff stated the proposed site plan did not meet the minimum ordinance requirement of 28 -feet. Staff stated at a minimum a landscape strip of nine feet would be required along Lawson Road to meet the City Beautiful Commission requirement. Staff stated less than nine feet would require the applicant to make application to the City Beautiful Commission for relief. County Planning comments were addressed. Staff stated the proposed gate would not be allowed in the location indicated. Staff stated the location was not legal and created a safety concern. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. K ANALYSIS: The applicant submitted a revised plan to staff addressing most of the issues raised at the October 28, 2004 Subdivision Committee meeting. The applicant has indicated a detailed parking plan for the site. The applicant has also indicated only minor engine repair and minor body repair will be conducted on the site. The applicant has indicated there will be no storage of parts or materials on the site other than automobiles display. The applicant is requesting the placement of automobiles within the existing right-of-way and the placement of a cable fence within the existing right-of-way. The applicant has indicated the hours of operation will be from 7:00 am to 8:00 pm six days per week. The applicant has indicated there will not be a dumpster located on the site. The applicant is not requesting any ground signage as a part of the development. The site plan includes the placement of signage on the awning located on the front of the building. The applicant has March 3, 2005 SUBDIVISION ITEM NO.: A.1 Cont. FILE NO.: Z-6683 A indicated there will be four employees of the business. The applicant has also indicated site lighting will be low level and directional, directed inward away from residentially zoned properties. The applicant has indicated two expansion areas. One expansion area is located to the west of the building and is located approximately 35 -feet from the Lawson Road property line and approximately 15.3 feet from the western property line. The second expansion area is located to the rear of the existing building. The applicant has indicated these expansion areas are to allow for future growth. The expansion areas are estimated at 1200 square feet and 1800 square feet. Employee parking has been designated adjacent to the rear expansion area. The applicant has indicated display parking on the proposed site plan. The applicant has indicated 14 parking spaces fronting Lawson Road within the existing right-of-way. The applicant has also indicated 22 parking spaces along the western property line. The' total available display parking indicated is 36 parking spaces. The applicant has indicated parking will be constructed of reclaimed asphalt grindings compacted with 6 -inches to 8 -inches of material, rolled and seal coated within one year. The existing manufactured home on the site is to remain. The home is used as a residence and is not proposed as any alternative uses. Access to the home is located along the eastern property line by a single drive shared by the proposed automobile dealership. The applicant is requesting a waiver of the required landscaping on the site. The typical minimum ordinance requirement for a site of this depth would be a 28 -foot wide on-site street buffer along Lawson Road and a six 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. The site plan does not include any areas identified for landscape or land use buffers. Staff is not supportive of the proposed request. The indicated site plan does not comply with current city ordinances and county ordinances with regard to building setbacks and landscaping. Per the current County Ordinances, all buildings should be set a minimum of 40 feet from all property lines. The building with expansion is indicated at approximately 35 -feet from the front property line and 15.3 feet from the western property line. To be allowed the expansion areas a variance from Pulaski County Planning Board would have to be approved. Staff does not feel approving a site plan that does not meet current County requirements is appropriate without the County Planning Board first approving the variances. The site was zoned C-1, Neighborhood Commercial District with a Conditional Use Permit to allow furniture repair on the site. Staff feels the requested use as E. March 3, 2005 SUBDIVISION ITEM NO.: A.1 Cont. FILE NO.: Z -6683-A a automobile dealership with automobile body repair (which is typically allowed in C-4, Open Display District) is too intense for the site. In addition, staff is not supportive of the placement of the indicated cable fence within the existing right-of-way. The placement of the cable within the right-of-way creates a safety concern as well as a liability concern for the County. Staff is also not supportive of the applicant's request to display vehicles within the existing right-of-way. The applicant has indicated the additional area is needed to allow the use of the site as an automobile dealership. Staff feels the applicant may be trying to do too much on the site if this 20 -feet is required to make the project work. Staff feels the site should utilize the existing neighborhood commercial uses as was previously approved. Staff feels the open display district is too intense for the area. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 2, 2004) The applicant was present representing the request. There were no registered objectors present. Staff stated the applicant had submitted a letter requesting the item be deferred to the .January 20, 2005 public hearing. Staff stated the request would require a waiver of the By-laws for the late deferral request. A motion was made to waive the By-laws for the later deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. There was no further discussion of the item. A motion was made to place the item on the Consent Agenda for Approval. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: The applicant submitted a revised plan to staff addressing additional concerns raised prior to the December 2, 2004, Planning Commission Public Hearing. The applicant has indicated only minor engine repair will be conducted on the site and no body repair will be performed at the site. The applicant has indicated there will be no storage of parts or materials on the site other than automobiles display. The applicant has removed his request for the placement of automobiles within the existing right-of-way and the placement of a cable fence within the existing right-of-way. The applicant has indicated on the site plan the current right-of-way as was previously dedicated as a part of the C-1, Neighborhood Commercial District zoning approval. 7 March 3, 2005 SUBDIVISION ITEM NO.: A.1 Cont. FILE NO.: Z -6683-A As was previously proposed the applicant has indicated the hours of operation will be from 7:00 am to 8:00 pm six days per week. The applicant has indicated there will not be a dumpster located on the site. The applicant is not requesting any ground signage as a part of the development. The site plan includes the placement of signage on the awning located on the front of the building. The applicant has indicated there will be four employees of the business. The applicant has also indicated site lighting will be low level and directional, directed inward away from residentially zoned properties. The applicant has removed his request for two expansion areas. One expansion area was located to the west of the building and was located approximately 35 -feet from the Lawson Road property line and approximately 15.3 feet from the western property line. The second expansion area was located to the rear of the existing building. The applicant indicated these expansion areas were needed to allow for future growth. The expansion areas were an estimated 1,200 square feet and 1,800 square feet. Employee parking continues to be designated adjacent to the rear of the existing building. With the removal of the proposed expansion areas the site plan now complies with Pulaski County's 40 -foot building setback requirement. The applicant has indicated display parking on the proposed site plan. The applicant has indicated display parking fronting Lawson Road, display parking along the western property line and display parking along the eastern property line. The total available display parking indicated on the site plan is 36 parking spaces. The applicant has indicated parking will be constructed of reclaimed asphalt grindings compacted with 6 -inches to 8 -inches of material, rolled and seal coated within one year. The existing manufactured home on the site is to remain. The home is used as a residence and is not proposed as any alternative uses. Access to the home is located along the eastern property line by a single drive shared by the proposed automobile dealership. The applicant is requesting a reduction in the required landscaping on the site. The typical minimum ordinance requirement for a site of this depth would be a 28 -foot wide on-site street buffer along Lawson Road and a six 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. The applicant has indicated plantings will be installed along the eastern perimeter of the site to screen adjoining property. The applicant has indicated the street buffer at nine feet. The indicated buffer does meet the minimum landscape strip requirement but does not meet the buffer average requirement. Staff is not supportive of the proposed request. The site was zoned C-1, Neighborhood Commercial District with a Conditional Use Permit to allow furniture repair on the site. Staff feels the requested use of an automobile dealership is too intense for the site. The site is located within an area identified on the City's Future Land Use Plan as Single-family residential. There are areas to the east of the site designated as E-3 March 3, 2005 SUBDIVISION ITEM NO.: A.1 Cont. FILE NO.: Z -6683-A Neighborhood Commercial and areas to the west of the site designated as Commercial and Mixed Commercial Industrial. Staff does not feel this is an appropriate location to introduce a C-4, Open Display District commercial activity. Staff feels the proposed use would be more appropriate locating in an area, which is not predominately single-family. Staff feels the site should utilize the neighborhood commercial uses as was previously approved. Staff feels the open display district is too intense for the area. Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JANUARY 20, 2005) The applicant was not present. There were no registered objectors present. Staff stated the applicant had requested the item be deferred to the March 3, 2005, Public Hearing. Staff stated the deferral requested would take a waiver of the By-laws with regard to the late deferral request. Staff stated they were supportive of the By-law waiver and the deferral request. A motion was made to waive the By-laws with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 no and 1 absent. There was no further discussion of the item. The chair entertained a motion to place the item on the consent agenda for deferral. The motion carried by a vote of 10 ayes, 0 no and 1 absent. PLANNING COMMISSION ACTION: (MARCH 3, 2005) The applicant was present. There was one registered objector present. Staff presented the item with a recommendation of denial. Staff stated the applicant had amended his request to address most of the technical issues raised at the Subdivision Committee meeting. Staff stated the applicant had removed his request to allow the placement of automobiles and a fence within the right-of-way. Staff also stated the applicant had indicated landscaping along the eastern and western property lines. Staff stated the applicant was not providing the required street buffer. Staff stated the site plan indicated a street buffer of nine feet and not the 28 -foot average as typically required by the zoning ordinance. Staff stated the amended request did not include expansion areas therefore street improvements would no longer be required. Staff stated if and when expansions were requested street improvements would then be required. Staff also stated the applicant was not proposing any bodywork or the storage of parts or materials on the site. Mr. Wes Lowder addressed the Commission on behalf of the applicant. He stated the applicant owned an existing business about Y2 mile from the current application site. He stated the applicant was requesting a rezoning to allow the placement of 36 -cars on the lot for resale. He stated the. applicant had revised his site plan to address most of staff s concerns and comments. He stated the applicant was requesting a reduced landscape D March 3, 2005 SUBDIVISION NO.: A.1 (Cont. FILE NO.: Z -6683-A strip adjacent to Lawson Road. He stated the applicant had indicated a nine foot landscape strip which would meet the minimum required landscape strip but the area did not meet the required average of 28 -feet. He stated the applicant was proposing the placement of landscaping along the eastern and western perimeters of the site. Mr. Lowder stated the applicant was not proposing any bodywork, storage of parts or materials and was no longer requesting an expansion of the proposed buildings. Mr. Lowder stated there were several neighbors who had come to show support of the proposed development. He requested the individuals stand to show support. Ten persons were present. Mr. Sonny Simpson addressed the Commission in support of the proposed request. He stated he had lived in the area for 25 plus years and was well aware of Mr. Loux and his business practices. He stated his current business was a business that needed screening and Mr. Loux had placed a fence adjacent to the roadway to provide the screening. He stated he had talked to a number of neighbors and most of which indicated support for Mr. Loux's request to place a car lot in the requested area. He stated he felt Mr. Loux would run a clean business and be an asset to the area. Ms. Kathleen Oleson addressed the Commission in opposition of the proposed request. She stated the request to rezone the site from C-1 to C-4 was a dramatic change. She stated the proposed request would change the landscape of the area and to place a C-4 use in an area identified as Single Family on the plan was not appropriate. Commissioner Rector questioned the application request. Staff stated the request was a Planned Development to place a C-4 use on the site. Commissioner Rector stated the request was for a specific commercial use and not allow the allowed uses in C-4. There was a general discussion concerning the proposed request and if the approval would allow the transfer of ownership. Staff stated the request was not limited to Mr. Loux. Mr. Loux stated he would be willing to amend his application to limit the approval to his ownership of the property and his ownership of the business. A motion was made to approve the request as amended. The motion carried by a vote of 6 ayes, 4 noes and 1 absent.