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HomeMy WebLinkAboutZ-6719 Staff AnalysisFebruary 17, 2000 ITEM NO.: B NAME: Bussell - Short -Form PCD LOCATION: 17201 Lawson Road DEVELOPER: ENGINEER: Stan Bussell None 5204 Sullivan Road Little Rock, AR 72210 AREA: 0.9 acre NUMBER OF LOTS: 1 FILE NO.: Z-6719 FT. NEW STREET: 0 ZONING: C-1 ALLOWED USES: Neighborhood Commercial PROPOSED USE: VARIANCES/WAIVERS REQUESTED: C-1 permitted uses and a furniture upholstery shop 1. Waiver of the required right-of-way dedication to Lawson and Sullivan Roads. 2. Waiver of the required street improvements to Lawson and Sullivan Roads. 3. Waiver of the Planning Commission bylaws to accept notification without an abstract list. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at the southwest corner of Lawson and Sullivan Roads from C-1 to PCD to allow for the current uses located on this site. There is a commercial building (3,330 sq. ft.), a double - wide manufactured home (28 X 60) and a garage structure (under construction) currently on the property as noted on the attached site plan. There is a flea market (1,800 sq. ft.) and a furniture upholstery business (1,200 sq. ft.) located in the commercial building. The typical hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 through Friday. The property owners live in the existing manufactured home. The furniture upholstery use is not a permitted "by right" use in C-1 zoning. Therefore the applicant is proposing the rezoning to allow all C-1 permitted uses and the furniture upholstery use for the commercial building. The only physical change to the property is a second 28 foot by 60 foot manufactured home which the applicant proposes to place near -the property's southwest corner. The manufactured home will be a residence for the property owners' daughter so that she can help care for one of the owners who is in ill health. The daughter will also operate a small beauty shop -within the commercial building which will occupy approximately 330 square feet. Access to the residences will be from an existing gravel drive from Sullivan Road. Access to the commercial building is gained from Sullivan and Lawson Roads, near the corner, as there is no street curb and gutter in this area. The applicant is requesting three (3) waivers with this application. The first two are waivers of Public Works requirements. The applicant requests a waiver of the required right-of-way dedication for Lawson and Sullivan Roads and a waiver of the required 1-5 street improvements for these streets. As of this writing, Public Works has not made a recommendation on these requests. The applicant is also requesting a waiver of the Planning Commission bylaws, Article IV.A.4.b., which requires that an applicant obtain an abstract list of property owners within 200 feet of the tract for which rezoning has been petitioned, and notify said owners. In this case the applicant, on his own, determined the property owners within 200 feet of the property and mailed (certified) notices of the public hearing. The notices were mailed on July 17, 1999. A total of five (5) property owners were notified. B. EXISTING CONDITIONS: The property contains a commercial building, a double -wide manufactured home and a garage structure, as noted on the attached site plan. There is a car wash and a contractor's maintenance yard to the north across Lawson Road, with single-family residences on large lots to the northeast. There is vacant property immediately west of this site. There are also single- family residences on large lots to the east across Sullivan K February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 Road and to the south along Sullivan Road. There is a large amount of manufactured homes of various sizes in this general area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood, with the exception of one (1) informational phone call. There was no established neighborhood association to notify. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 55 feet will be required (includes 10 feet additional feet for right turn lane). Clearance of soils from APCE required prior to dedication. 2. Sullivan Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required. 3. A 20 feet radial dedication of right-of-way is required at the corner of Lawson Road and Sullivan Road. 4. Public Works do not support building expansion at the close proximity of the intersection. 5. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 7. Stormwater detention ordinance applies to this property. 8. One driveway (36 feet wide) is recommended for center of property versus two shown on plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary, no comment. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. 3 February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 Fire Department: Outside city limits. If this property is ever annexed, access to residential structures will need to be provided. County Planning: No Comment received. CATA: Site is not currently served by CATA, approved for transit purposes as submitted. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Crystal Valley Planning District and is shown as Neighborhood Commercial on the Land Use Plan. The current uses in the commercial building are consistent with the Land Use Plan. The request for two manufactured homes on the site could be compatible since Single Family is shown on the Plan immediately to the south of the site. Concerns which should be addressed are no outside storage or display of goods and list uses of manufactured homes as residential use only. City Recognized Neighborhood Action Plan_: There is not a neighborhood plan for this area at this time. Landsca a Issues: No Comment. G. ANALYSIS: The applicant submitted a revised site plan to staff on August 2, 1999. The revised plan eliminates the proposed addition to the commercial building as requested by staff. Staff feels that there are no outstanding issues associated with the site plan, other than the requested waivers of Public Works requirements. Staff is comfortable with proposed uses of the property. The ordinance would typically require eleven (11) parking spaces for a commercial building of this size. There is an existing paved area in front (north side) of the commercial build which will accommodate 6 to 8 vehicles. Given the fact that no new commercial building area will be added, staff has no problem with the existing parking situation. 4 February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 As noted in paragraph A. of this report, the applicant is requesting waivers of right-of-way dedication and 1.2 street improvements for Lawson and Sullivan Roads. Public Works will make a recommendation on these waiver requests prior to the public hearing. Also explained in paragraph A. is the applicant's requested waiver of the Planning Commission bylaws, Article IV.A.4.b., which requires that the applicant obtain an abstract list for notification. The Commission will need to hear from the applicant and determine if this bylaw waiver is appropriate, or if a deferral is warranted, prior to the public hearing on this rezoning case. H. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD rezoning subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2. The issue of waivers of right-of-way dedication and 1� street improvements must be resolved. Public Works will make a recommendation prior to the public hearing. 3. The uses of the property will be limited to C-1 permitted uses and a furniture upholstery shop. 4.No outside storage of merchandise will be permitted. 5. The manufactured homes must be used as residences only. 6. The septic system must be approved by the Pulaski County Health Department. SUBDIVISION COMMITTEE COMMENT: (JULY 29, 1999) The applicant was not present. Staff gave a brief description of the proposed PCD site plan, noting that additional information was needed from the applicant. It was noted that staff would attempt to meet with the applicant and work out Planning and Public Works issues prior to the public hearing. The Committee forwarded the application to the full Commission for resolution. 5 February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 PLANNING COMMISSION ACTION: (AUGUST 19, 1999) The Commission informed the staff that a waiver of the Planning Commission bylaws would not be supported and that the item needed to be deferred to the September 30, 1999 agenda to allow time for proper notification. Staff informed the applicant, Stan Bussell, of this situation. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 30, 1999 agenda. A motion to that effect was made. The motion passed by a vote of 6 ayes, 0 nays and 5 absent. STAFF UPDATE: The applicant submitted a letter to staff on September 14, 1999 requesting that this item be deferred to the November 11, 1999 agenda due to a family illness. The applicant states that he will need the additional time to obtain an abstract list and complete the required notification. Staff supports the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 30, 1999) Staff informed the Commission that the applicant submitted a letter on September 14, 1999 requesting that this item be deferred to the November 111 1999 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 11, 1999 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. STAFF UPDATE: The applicant, Stan Bussell, submitted a letter to staff on October 28, 1999 requesting that this item be deferred to the January 6, 2000 agenda. Mr. Bussell notes that a serious family illness has prevented him from completing the required notification. He informs staff that an abstract list has been D February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 requested and that the notification will be done for the January 6, 2000 meeting. Staff supports the deferral request. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Staff informed the Commission that the applicant submitted a letter on October 28, 1999 requesting that this item be deferred to the January 6, 2000 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 6, 2000 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (JANUARY 6, 2000) Stan Bussell was present, representing the application. Staff briefly described the PCD, noting that the issues relating to the waiver requests for right-of-way dedication and 1-� street improvements to Lawson and Sullivan Roads needed to be resolved. Bob Turner, of Public Works, addressed the Commission. He noted that Public Works would support a conditional waiver of the street improvements to Lawson and Sullivan Roads. Mr. Turner stated that Public Works recommended denial of the requested waiver of right-of-way dedication. Mr. Bussell noted that he did not wish to dedicate the right-of- way. Commissioner Rahman asked how much additional right-of-way was required. Mr. Turner noted that 30 feet of right-of-way existed on both streets. He stated that an additional 15 feet was required on Sullivan Road and 25 feet on Lawson Road. There was a brief discussion of the waiver requests. Commissioner Nunnley asked if the right-of-way dedication would severely impact the property owner. 7 February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 Mr. Turner stated that the existing roadways would be left as is, with the possibility of a franchise if the owner wished to use any of the dedicated area. Stephen Giles, City Attorney, explained the requirement for right-of-way dedication and noted that the only difference between this case and the Martindale Baptist Church case (conditional use permit) was the type of application. Mr. Giles also explained the City Attorney's opinion regarding Martindale Baptist Church. There was additional discussion regarding the right-of-way dedication issue. There was a motion to defer the application to the February 17, 2000 agenda. The motion passed by a vote of 11 ayes and 0 nays. The Commission asked Public Works or the City Attorney to meet with Mr. Bussell and attempt to resolve the right-of-way dedication issue prior to the February meeting. PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) The applicant was not present. Staff briefly described the proposed PCD with a recommendation of approval with conditions. Staff noted that the only outstanding issue related to the requested waivers of street improvements and right-of-way dedication for Lawson and Sullivan Roads. Bob Turner, of Public Works, recommended denial of the waiver of right-of-way dedication. He stated that a conditional waiver of street improvements could be supported. There was a general discussion concerning the waivers requested and how the Commission should act on this application, due to the fact that the applicant was not present. Jim Lawson, Director of Planning and Development, stated that if the Planning Commission approved the PCD, the application would not be taken to the Board of Directors until the required right- of-way was dedicated, if the Commission denied the waiver. There was a motion to approve the PCD rezoning as recommended by staff. There was discussion of the motion. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. 8 February 17, 2000 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-6719 There was a second motion to approve the waivers of right-of-way dedication and street improvements to Lawson and Sullivan Roads. The motion failed by a vote of 0 ayes, 9 nays and 2 absent. FILE NO.: Z-6719 NAME: Bussell - Short -Form PCD LOCATION: 17201 Lawson Road DEVELOPER: Stan Bussell 5204 Sullivan Road Little Rock, AR 72210 AREA: 0.9 acre ZONING: C-1 ENGINEER: None NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Neighborhood Commercial PROPOSED USE: VARIANCES/WAIVERS REQUESTED: C-1 permitted uses and a furniture upholstery shop 1. Waiver of the required right-of-way dedication to Lawson and Sullivan Roads. 2. Waiver of the required street improvements to Lawson and Sullivan Roads. 3. Waiver of the Planning Commission bylaws to accept notification without an abstract list. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at the southwest corner of Lawson and Sullivan Roads from C-1 to PCD to allow for the current uses located on this site. There is a commercial building (3,330 sq. ft.), a double - wide manufactured home (28 X 60) and a garage structure (under construction) currently on the property as noted on the attached site plan. There is a flea market (1,800 sq. ft.) and a furniture upholstery business (1,200 sq. ft.) located in the commercial building. The typical hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday through Friday. The property owners live in the existing manufactured home. FILE NO.: Z-6719 (Cont.) B. The furniture upholstery use is not a permitted "by right" use in C-1 zoning. Therefore the applicant is proposing the rezoning to allow all C-1 permitted uses and the furniture upholstery use for the commercial building. The only physical change to the property is a second 28 foot by 60 foot manufactured home which the applicant proposes to place near the property's southwest corner. The manufactured home will be a residence for the property owners' daughter so that she can help care for one of the owners who is in ill health. The daughter will also operate a small beauty shop within the commercial building which will occupy approximately 330 square feet. Access to the residences will be from an existing gravel drive from Sullivan Road. Access to the commercial building is gained from Sullivan and Lawson Roads, near the corner, as there is no street curb and gutter in this area. The applicant is requesting three (3) waivers with this application. The first two are waivers of Public Works requirements. The applicant requests a waiver of the required right-of-way dedication for Lawson and Sullivan Roads and a waiver of the required 1� street improvements for these streets. As of this writing, Public Works has not made a recommendation on these requests. The applicant is also requesting a waiver of the Planning Commission bylaws, Article IV.A.4.b., which requires that an applicant obtain an abstract list of property owners within 200 feet of the tract for which rezoning has been petitioned, and notify said owners. In this case the applicant, on his own, determined the property owners within 200 feet of the property and mailed (certified) notices of the public hearing. The notices were mailed on July 17, 1999. A total of five (5) property owners were notified. EXISTING CONDITIONS: The property contains a commercial building, a double -wide manufactured home and a garage structure, as noted on the attached site plan. There is a car wash and a contractor's maintenance yard to the north across Lawson Road, with single-family residences on large lots to the northeast. There is vacant property immediately west of this site. There are also single- family residences on large lots to the east across Sullivan Road and to the south along Sullivan Road. There is a large amount of manufactured homes of various sizes in this general area. 2 FILE NO.: Z-6719 (Cont.) C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received no comment from the neighborhood, with the exception of one (1) informational phone call. There was no established neighborhood association to notify. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Lawson Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 55 feet will be required (includes 10 feet additional feet for right turn lane). Clearance of soils from APCE required prior to dedication. 2. Sullivan Road is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 45 feet from centerline is required. 3. A 20 feet radial dedication of right-of-way is required at the corner of Lawson Road and Sullivan Road. 4. Public Works do not support building expansion at the close proximity of the intersection. 5. Provide design of streets conforming to "MSP" (Master Street Plan). Construct one-half street improvements to these streets including 5 -foot sidewalks with planned development. 6. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 7. Stormwater detention ordinance applies to this property. 8. One driveway (36 feet wide) is recommended for center of property versus two shown on plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary, no comment. AP&L: No Comment received. Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Fire Department: Outside city limits. If this property is ever annexed, access to residential structures will need to be provided. County Plannin : No Comment received. 3 FILE NO.: Z-6719 (Cont. CATA: Site is not currently served by CATA, approved for transit purposes as submitted. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Crystal Valley Planning District and is shown as Neighborhood Commercial on the Land Use Plan. The current uses in the commercial building are consistent with the Land Use Plan. The request for two manufactured' homes on the site could be compatible since Single Family is shown on the Plan immediately to the south of the site. Concerns which should be addressed are no outside storage or display of goods and list uses of manufactured homes as residential use only. City Recognized Neighborhood Action Plan: There is not a neighborhood plan for this area at this time. Landscape Issues: No Comment. G. ANALYSIS: The applicant submitted a revised site plan to staff on August 2, 1999. The revised plan eliminates the proposed addition to the commercial building as requested by staff. Staff feels that there are no outstanding issues associated with the site plan, other than the requested waivers of Public Works requirements. Staff is comfortable with proposed uses of the property. The ordinance would typically require eleven (11) parking spaces for a commercial building of this size. There is an existing paved area in front (north side) of the commercial build which will accommodate 6 to 8 vehicles. Given the fact that no new commercial building area will be added, staff has no problem with the existing parking situation. As noted in paragraph A. of this report, the applicant is requesting waivers of right-of-way dedication and 1 -it street improvements for Lawson and Sullivan Roads. Public Works will make a recommendation on these waiver requests prior to the public hearing. 4 FILE NO.: Z-6719 (Cont.) H. Also explained in paragraph A. is the applicant's requested waiver of the Planning Commission bylaws, Article IV.A.4.b., which requires that the applicant obtain an abstract list for notification. The Commission will need to hear from the applicant and determine if this bylaw waiver is appropriate, or if a deferral is warranted, prior to the public hearing on this rezoning case. STAFF RECOMMENDATIONS: Staff recommends approval of the PCD rezoning subject to the following conditions: 1. Compliance with the requirements as noted in paragraphs D and E of this report. 2. The issue of waivers of right-of-way dedication and l�z street improvements must be resolved. Public Works will make a recommendation prior to the public hearing. 3. The uses of the property will be limited to C-1 permitted uses and a furniture upholstery shop. 4. No outside storage of merchandise will be permitted. 5. The manufactured homes must be used as residences only. 6. The septic system must be approved by the Pulaski County Health Department. SUBDIVISION COMMITTEE COMMENT: (JULY 29, 1999) The applicant was not present. Staff gave a brief description of the proposed PCD site plan, noting that additional information was needed from the applicant. It was noted that staff would attempt to meet with the applicant and work out Planning and Public Works issues prior to the public hearing. The Committee forwarded the application to the full Commission for resolution. PLANNING COMMISSION ACTION: (AUGUST 19, 1999) The Commission informed the staff that a waiver of the Planning Commission bylaws would not be supported and that the item needed to be deferred to the September 30, 1999 agenda to allow time for proper notification. Staff informed the applicant, Stan Bussell, of this situation. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the September 30, 1999 0 FILE NO.: Z-6719 (Cont.) agenda. A motion to that effect was made. The motion passed by a vote of 6 ayes, 0 nays and 5 absent. STAFF UPDATE: The applicant submitted a letter to staff on September 14, 1999 requesting that this item be deferred to the November 11, 1999 agenda due to a family illness. The applicant states that he will need the additional time to obtain an abstract list and complete the required notification. Staff supports the deferral request. PLANNING COMMISSION ACTION: (SEPTEMBER 30, 1999) Staff informed the Commission that the applicant submitted a letter on September 14, 1999 requesting that this item be deferred to the November 11, 1999 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the November 11, 1999 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. STAFF UPDATE: The applicant, Stan Bussell, submitted a letter to staff on October 28, 1999 requesting that this item be deferred to the January 6, 2000 agenda. Mr. Bussell notes that a serious family illness has prevented him from completing the required notification. He informs staff that an abstract list has been requested and that the notification will be done for the January 6, 2000 meeting. Staff supports the deferral request. PLANNING COMMISSION ACTION: (NOVEMBER 11, 1999) Staff informed the Commission that the applicant submitted a letter on October 28, 1999 requesting that this item be deferred to the January 6, 2000 agenda. Staff supported the deferral request. FILE NO.: Z-6719 (Cont.) The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the January 6, 2000 agenda. A motion to that effect was made. The motion passed by a vote of -9 ayes, 0 nays, 1 absent and 1 open position. PLANNING COMMISSION ACTION: (JANUARY 6, 2000) Stan Bussell was present, representing the application. Staff briefly described the PCD, noting that the issues relating to the waiver requests for right-of-way dedication and '-it street improvements to Lawson and Sullivan Roads needed to be resolved. Bob Turner, of Public Works, addressed the Commission. He noted that Public Works would support a conditional waiver of the street improvements to Lawson and Sullivan Roads. Mr. Turner stated that Public Works recommended denial of the requested waiver of right-of-way dedication. Mr. Bussell noted that he did not wish to dedicate the right-of- way. Commissioner Rahman asked how much additional right-of-way was required. Mr. Turner noted that 30 feet of right-of-way existed on both streets. He stated that an additional 15 feet was required on Sullivan Road and 25 feet on Lawson Road. There was a brief discussion of the waiver requests. Commissioner Nunnley asked if the right-of-way dedication would severely impact the property owner. Mr. Turner stated that the existing roadways would be left as is, with the possibility of a franchise if the owner wished to use any of the dedicated area. Stephen Giles, City Attorney, explained the requirement for right-of-way dedication and noted that the only difference between this case and the Martindale Baptist Church case (conditional use permit) was the type of application. Mr. Giles also explained the City Attorney's opinion regarding Martindale Baptist Church. There was additional discussion regarding the right-of-way dedication issue. 7 FILE NO.: Z-6719 (Cont. There was a motion to defer the application to the February 17, 2000 agenda. The motion passed by a vote of 11 ayes and 0 nays. The Commission asked Public Works or the City Attorney to meet with Mr. Bussell and attempt to resolve the right-of-way dedication issue prior to the February meeting. PLANNING COMMISSION ACTION: (FEBRUARY 17, 2000) The applicant was not present. Staff briefly described the proposed PCD with a recommendation of approval with conditions. Staff noted that the only outstanding issue related to the requested waivers of street improvements and right-of-way dedication for Lawson and Sullivan Roads. Bob Turner, of Public Works, recommended denial of the waiver of right-of-way dedication. He stated that a conditional waiver of street improvements could be supported. There was a general discussion concerning the waivers requested and how the Commission should act on this application, due to the fact that the applicant was not present. Jim Lawson, Director of Planning and Development, stated that if the Planning Commission approved the PCD, the application would not be taken to the Board of Directors until the required right- of-way was dedicated, if the Commission denied the waiver. There was a motion to approve the PCD rezoning as recommended by staff. There was discussion of the motion. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. There was a second motion to approve the waivers of right-of-way dedication and street improvements to�'Lawson and Sullivan Roads. The motion failed by a vote of 0 ayes, 9 nays and 2 absent. 8