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HomeMy WebLinkAboutZ-6745 Staff AnalysisFILE NO.: Z-6745 NAME: Moore - Short -Form PCD LOCATION: 17503 Lawson Road nW.VV..T.APER Terry Moore 17503 Lawson Road Little Rock, AR 72210 AREA: 1.06 acre ZONING: R-2 SURVEYOR: Donald W. Brooks 20820 Arch Street Pike Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Single-family residential PROPOSED USE: VARIANCES/WAIVERS REQUESTED: A. PROPOSAL/REQUEST: Single-family residential and a snow cone stand None requested. The applicant proposes to rezone the 1.06 acre property from R-2 to PCD to allow for the construction of a 144 square foot building for use as a snow cone stand. The proposed building will be located approximately 65 feet back from the front property line, after right-of-way dedication. There is an existing gravel parking area with access from Lawson Road near the northwest corner of the property. The applicant is also proposing a ground -mounted sign as noted on the attached site plan. The sign will have a maximum height of six (6) feet and a maximum area of 20 square feet, as recommended to the applicant by staff. The sign will be located at least five (5) feet back from the front property line (after right-of-way dedication). The applicant has noted that the hours of operation will be approximately noon - 8:00 p.m., Monday -Saturday. The snow cone stand is proposed as a seasonal business, approximately April 1 to October 1. However, staff would FILE NO.: Z-6745 (Cont.) not be opposed to the building being used for an enclosed commercial use year round. There are two (2) existing buildings located near the south property line, an 18 foot by 50 foot metal building and a 10 foot by 14 foot frame shed. The applicant has noted that these buildings will continue to be used for residential purposes only (storage, etc.) and not part of a commercial use. The applicant lives on the one acre property immediately south. B. EXISTING CONDITIONS: The area of the proposed new building is grass covered. There are very few trees in this area, none of which will be removed with the proposed building construction. There are a number of single-family residences on large lots in this general area, as well as several nonconforming commercial uses. There is commercial zoned property to the east at the intersection of Lawson and Sullivan Roads. C. NEIGHBORHOOD COMMENTS: There was no established neighborhood association to notify of this rezoning request. As of this writing, staff has received no comment from the neighborhood. 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 45 feet from the centerline is required. 2. 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. 3. All driveways shall have concrete aprons per City Ordinance. Access shall be from easement. Easement needs to be improved including increase in width according to Ordinance 18,054. Pave parking to eliminate gravel dragging to public streets. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Stormwater detention ordinance applies to this property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside service boundary, no comment. AP&L: No Comment received. 2 FILE NO.: Z-6745 (Cont.) Arkla: No Comment. Southwestern Bell: No Comment received. Water: No Comment. Has existing water service. Fire Department: No Comment. County Planning: 1. Septic system must be approved by the Pulaski County Health Department. 2. Must obtain a driveway permit from Pulaski County Road and Bridge Department if new driveway or entrance is to be constructed. CATA: No Comment received. F. ISSUES/TECHNICAL/DESIGN: Plannina Division: This request is in the Crystal Valley Creek Planning District. The Land Use Plan currently shows Single Family for this location. The Land Use Plan Amendment of June 10, 1999 to change from Single Family to Neighborhood Commercial was denied. The proposed use of a snow cone stand is not consistent with the current land use category. City Recognized Neighborhood Action Plan: There is not a city recognized neighborhood plan for this area. Landscape Issues: No Comment. G. ANALYSIS: The applicant submitted a letter to staff on September 14, 1999 with the additional information as requested. The applicant notes that the right-of-way for Lawson Road will be dedicated as required. The applicant also notes that a 15 percent in -lieu contribution will be made for the required street improvements. The amount of the contribution will be used to pave the existing driveway apron, as recommended by Public Works. This will help prevent gravel from being pulled onto the roadway. The existing gravel parking area will accommodate approximately 10 vehicles. This should be more than adequate to serve the proposed use. Staff agrees to 3 FILE NO.: Z-6745 (Cont.) leaving this area gravel in order to help maintain the residential appearance of the property. As was noted and discussed at the Subdivision Committee meeting, staff will recommend that the proposed PCD zoning run with the land owner. The applicant has noted that the proposed 144 square foot building will be of frame construction and not placed on a slab foundation. This would allow possible future removal of the building should the commercial use be discontinued. Otherwise, there should be no issues left to be resolved. The small commercial use as proposed should have no adverse effect on this general area. 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 proposed sign shall have a maximum height of six (6) feet and a maximum area of 20 square feet. 3. There shall be no outside display or storage. 4. The existing buildings on the site will be for residential use only (storage, etc.) 5. Staff recommends that the PCD zoning run with the land owner, Terry Moore, and his proposed use. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 9, 1999) Terry Moore was present, representing the application. Staff gave a brief description of the PCD request. Staff noted that there should be no outside storage or display related to the proposed commercial use. Staff also noted that the proposed zoning should run with the land owner and thus the proposed building should not be built on a slab in order to allow possible future removal. Mr. Moore confirmed that the building would be of frame construction and not on a slab. Staff also noted that the proposed ground -mounted sign should have a maximum height of six (6) feet and a maximum area of 20 square feet. The smaller sign would be more in line with the residential character of the property. Staff noted that there is adequate street frontage and front yard space to allow the smaller sign and have no sight distance problem. 4 FILE NO.: Z-6745 (Cont.) The Public Works requirements were briefly discussed. A deferral and 15 percent in -lieu contribution was briefly discussed for the required street improvements to Lawson Road. Mr. Moore stated that he would meet with staff and decide what request would be made. Bob Turner, of Public Works, stated that the right-of-way for Lawson Road needed to be dedicated and a waiver would not be supported. It was noted that if Mr. Moore decided to contribute the in -lieu for street improvements, the money could be used to pave the driveway apron from Lawson Road. This would help keep gravel from being pulled onto Lawson Road.. After the discussion, the Committee forwarded the PCD request to the full Commission for resolution. PLANNING COMMISSION ACTION: (SEPTEMBER 30, 1999) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. 5 September 30, 1999 ITEM NO.: 7 NAME: Moore - Short -Form PCD LOCATION: 17503 Lawson Road DEVELOPER: Terry Moore 17503 Lawson Road Little Rock, AR 72210 AREA: 1.06 acre ZONING: R-2 FILE NO.: Z-6745 SURVEYOR: Donald W. Brooks 20820 Arch Street Pike Hensley, AR 72065 NUMBER OF LOTS: 1 FT. NEW STREET: 0 ALLOWED USES: Single-family residential PROPOSED USE: Single-family residential and a snow cone stand VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the 1.06 acre property from R-2 to PCD to allow for the construction of a 144 square foot building for use as a snow cone stand. The proposed building will be located approximately 65 feet back from the front property line, after right-of-way dedication. There is an existing gravel parking area with access from Lawson Road near the northwest corner of the property. The applicant is also proposing a ground -mounted sign as noted on the attached site plan. The sign will have a maximum height of six (6) feet and a maximum area of 20 square feet, as recommended to the applicant by staff. The sign will be located at least five (5) feet back from the front property line (after right-of-way dedication). September 30, 1999 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6745 The applicant has noted that the hours of operation will be approximately noon - 8:00 p.m., Monday -Saturday. The snow cone stand is proposed as a seasonal business, approximately April 1 to October 1. However, staff would not be opposed to the building being used for an enclosed commercial use year round. There are -two (2) existing buildings located near the south property line, an 18 foot by 50 foot metal building and a 10 foot by 14 foot frame shed. The applicant has noted that these buildings will continue to be used for residential purposes only (storage, etc.) and not part of a commercial use. The applicant lives on the one acre property immediately south. B. EXISTING CONDITIONS: The area of the proposed new building is grass covered. There are very few trees in this area, none of which will be removed with the proposed building construction. There are a number of single-family residences on large lots in this general area, as well as several nonconforming commercial uses. There is commercial zoned property to the east at the intersection of Lawson and Sullivan Roads. C. NEIGHBORHOOD COMMENTS: There was no established neighborhood association to notify of this rezoning request. As of this writing, staff has received no comment from the neighborhood. 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 45 feet from the centerline is required. 2. 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. 3. All driveways shall have concrete aprons per City Ordinance. Access shall be from easement. Easement needs to be improved including increase in width according to Ordinance 18,054. Pave parking to 2 September 30, 1999 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6745 eliminate gravel dragging to public streets. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. 5. Stormwater detention ordinance applies to this property. 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. Has existing water service. Fire Department: No Comment. County Plannin : 1. Septic system must be approved by the Pulaski County Health Department. 2. Must obtain a driveway permit from Pulaski County Road and Bridge Department if new driveway or entrance is to be constructed. CATA: No Comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is in the Crystal Valley Creek Planning District. The Land Use Plan currently shows Single Family for this location. The Land Use Plan Amendment of June 10, 1999 to change from Single Family to Neighborhood Commercial was denied. The proposed use of a snow cone stand is not consistent with the current land use category. City Recognized Neighborhood Action Plan: There is not a city recognized neighborhood plan for this area. Landsca a Issues: No Comment. G. ANALYSIS: The applicant submitted a letter to staff on September 14, 1999 with the additional information as requested. The 3 September 30, 1999 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6745 applicant notes that the right-of-way for Lawson Road will be dedicated as required. The applicant also notes that a 15 percent in -lieu contribution will be made for the required street improvements. The amount of the contribution will be used to pave the existing driveway apron, as recommended by Public Works. This will help prevent gravel from being pulled onto the roadway. The existing gravel parking area will accommodate approximately 10 vehicles. This should be more than adequate to serve the proposed use. Staff agrees to leaving this area gravel in order to help maintain the residential appearance of the property. As was noted and discussed at the Subdivision Committee meeting, staff will recommend that the proposed PCD zoning run with the land owner. The applicant has noted that the proposed 144 square foot building will be of frame construction and not placed on a slab foundation. This would allow possible future removal of the building should the commercial use be discontinued. Otherwise, there should be no issues left to be resolved. The small commercial use as proposed should have no adverse effect on this general area. 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 proposed sign shall have a maximum height of six (6) feet and a maximum area of 20 square feet. 3. There shall be no outside display or storage. 4. The existing buildings on the site will be for residential use only (storage, etc.) 5. Staff recommends that the PCD zoning run with the land owner, Terry Moore, and his proposed use. SUBDIVISION COMMITTEE COMMENT: (SEPTEMBER 9, 1999) Terry Moore was present, representing the application. Staff gave a brief description of the PCD request. Staff noted that there should be no outside storage or display related to the 4 September 30, 1999 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6745 proposed commercial use. Staff also noted that the proposed zoning should run with the land owner and thus the proposed building should not be built on a slab in order to allow possible future removal. Mr. Moore confirmed that the building would be of frame construction and not on a slab. Staff also noted that the proposed ground -mounted sign should have a maximum height of six (6) feet and a maximum area of 20 square feet. The smaller sign would be more in line with the residential character of the property. Staff noted that there is adequate street frontage and front yard space to allow the smaller sign and have no sight distance problem. The Public Works requirements were briefly discussed. A deferral and 15 percent in -lieu contribution was briefly discussed for the required street improvements to Lawson Road. Mr. Moore stated that he would meet with staff and decide what request would be made. Bob Turner, of Public Works, stated that the right-of-way for Lawson Road needed to be dedicated and a waiver would not be supported. It was noted that if Mr. Moore decided to contribute the in -lieu for street improvements, the money could be used to pave the driveway apron from Lawson Road. This would help keep gravel from being pulled onto Lawson Road. After the discussion, the Committee forwarded the PCD request to the full Commission for resolution. PLANNING COMMISSION ACTION: (SEPTEMBER 30, 1999) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. k,