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HomeMy WebLinkAboutZ-6863-C Staff AnalysisOctober 16, 2003 ITEM NO.: 12 FILE NO.: Z -6863-C NAME: Michael's Revised Short -form PCD LOCATION: 1701 Rebsamen Park Road DEVELOPER: Anthony Michael 1701 Rebsamen Park Road Little Rock, AR 72202 ENGINEER: Don Johnson 300 Spring Street, Suite 215 Little Rock, AR 72201 CURRENT ZONING: PCD ALLOWED USES: C-3 Permitted Uses ROPOSED ZONING: Revised PCD PROPOSED USE: C-3 Permitted Uses AREA: 0.30 Acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 VARIANCES/WAIVERS REQUESTED: Waiver of the Master Street Plan requirements to Rebsamen Park Road. BACKGROUND: On July 18, 2000, the Board of Directors adopted Ordinance No. 18,313 establishing a Planned Commercial District titled Michael Short -form PCD located at 1701 Rebsamen Park Road. As a part of the proposal the applicant was to construct a 500 square foot kitchen facility and eliminate a mobile catering trailer from the site. The proposal also included the addition of a paved driveway along the north side of the existing building and a paved parking area to the rear of the building. The applicant proposed the removal of the "head -in" parking in front of the building adjacent to Rebsamen Park October 16, 2003 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z -6863-C Road and to construct the road to Master Street Plan standard. On May 9, 2002, the Planning Commission denied a request to revised a previously approved PCD to more accurately reflect the current conditions of the site. The applicant requested the "head -in" parking along Rebsamen Park Road not be eliminated and the roadway not be constructed to Master Street Plan standard. The applicant also requested the previously required landscaping in the rear of the building be eliminated. The City Beautiful Commission denied this request. As a part of the proposal the applicant requested the days and hours of operation be changed from 11:00 am to 10:00 pm daily to not be set at any specific time. This request was later modified to include the closing of the deck at 10:00 pm. This request was appealed to the Board of Directors, which also denied the request at their July 16, 2002, Public Hearing. The applicant has not eliminated the "head -in" parking nor constructed Rebsamen Park Road to Master Street Plan standard. The required rear landscaping strip also has not been installed. A. PROPOSAL/REQUEST: The applicant proposes to revise the previously approved PCD to allow the site to develop without the Master Street Plan requirement. The applicant has indicated a pull-off/drop-off located within the right-of-way. The applicant has indicated the area will be utilized by his catering business and has indicated the drop-off is critical to the catering business. B. EXISTING CONDITIONS: There is an existing commercial building (cigar shop) on the site, as well as a restaurant and a deck used for outdoor dining. There is a parking area in the rear yard and head in parking along Rebsamen Park Road. There are commercial uses immediately north and south of this property along the east side of Rebsamen Park Road. There are also commercial uses (including a parking lot) across Rebsamen Park Road to the west, with single- family residences to the northwest. There is railroad right-of-way and a drainage ditch immediately east of the property, with a mini -warehouse development further east. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from the neighborhood. All property owners within 200 feet of the site, all residents within 300 feet of the site E October 16, 2003 SUBDIVISION NO.: 12 (Cont. FILE NO.: Z -6863-C who could be identified and the Capitol View, Hillcrest and Cedar Hill Terrace Neighborhood Associations were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. All previous comments on this site apply. 2. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5 -foot sidewalk with the planned development. Match existing improvements to the south. 3. The proposed driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Only the existing driveway access is allowed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Ener : Approved as submitted. SBC: The utility pole and down guys in the landscaped area are to remain. Contact SBC at 373-5112 for additional information. Central Arkansas Water: No objection to change in parking requirements. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. F. ISSUES/TECHNICAUDESIGN: Planning Division: This request is located in the Heights / Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revision to an existing Planned Commercial Development to allow a circular drop-off within the required right-of-way. The request does not require a change to the Land Use Plan. 3 October 16, 2003 SUBDIVISION ITEM NO.: 12(Cont.)FILE NO.: Z -6863-C 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 fails to provide for the minimum six (6) foot nine (9) inch wide street buffer required. Additionally, no provision has been made for the required minimum five (5) foot wide perimeter landscape strip south of the parking area. These requirements take into account the reductions allowed within the designated mature area. The landscaping has not been installed along the northern perimeter that was originally required. G. SUBDIVISION COMMITTEE COMMENT: (September 25, 2003) Mr. Michael Anthony was present representing the request. Staff stated the applicant was requesting waiver of the Master Street Plan requirements along Rebsamen Park Road. Staff stated the applicant was requesting to install a drop-off in the right-of-way, which did not meet ordinance requirements. Mr. Anthony questioned the ordinances and requested additional information concerning the ordinance requirements. Staff indicated he could obtain this information from the City's web page. There being no further items for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted the requested additional information to staff after the September 25, 2003, Subdivision Committee Meeting. The applicant has indicated there is not a Bill of Assurance in effect for the property. The applicant has indicated his request is to be allowed a pull-off/drop-off located within the right-of-way. The applicant has indicated this area will be utilized by his catering business and has indicated this drop-off is critical to the catering business. Staff is not supportive of the request. Per City Code (City of Little Rock Code of Ordinances 31-210) the required driveway spacing is at a minimum of two hundred fifty feet centerline to centerline or centerline to right-of-way of an intersecting collector street or street with a higher classification. The minimum spacing from the property line shall be one hundred twenty-five (125) feet. Maximum width of driveway is thirty-six (36) feet. A lot is required six hundred twenty-five (625) feet of frontage for two (2) drives, if the lot is adjacent to an intersecting collector street or street of a higher classification. The applicant's property is approximately 100 -feet in width. 51 October 16, 2003 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z -6863-C For lots less than two hundred fifty (250) feet in width a property shared access is recommended for proposed plats and existing plats recorded prior to January 1, 1999, are limited to one driveway and the driveway location shall be as approved by the public works department and shall be considerate of adjacent lot access or conflicting turn movements from properties across the street. The applicant has indicated the southern entrance into the pull-off/drop-off at eleven feet from the property line and the northern exit from the pull-off/drop-off at 34 -feet from the property line but only 14 -feet from the applicant's existing drive accessing the rear parking area. With the limited frontage of the applicant's property the proposed placement of the entrance/exit to the pull-off/drop-off and the existing driveway there is not sufficient frontage to meet the ordinance criteria. Staff feels to place additional curb cuts is not prudent and feels the street should be constructed to Master Street Plan standard. In addition staff feels the Board of Directors has already made a decision based on their denial of the applicant's request to waive the Master Street Plan requirement at their July 16, 2002, Public Hearing. In staff's opinion the applicant should be required to construct Rebsamen Park Road to Master Street Plan standard to match the existing construction to the south complete with curb, gutter, asphalt and sidewalk. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (OCTOBER 16, 2003) Mr. Anthony Michael was present representing the request. There were no registered objectors present. Staff stated the applicant had requested an amendment to the application filed. Staff stated the current request before the Commission was the hours of operation proposed from 7:00 am to 11:00 pm daily. Staff stated the applicant had indicated the required street improvements would be constructed to Rebsamen Park Road as required by the Master Street Plan. Staff also stated the required landscaping strip along the rear parking lot was not an issue the Commission could act upon and would require action by the City Beautiful Commission. Staff noted the applicant would be required to contact staff to file an application with the City Beautiful Commission prior to the revision going before the Board of Directors. There was a general discussion concerning the request previously to revise the PCD and the hours of operation. Staff noted the concern previously was the noise level and the music on the deck. Mr. Michael stated the establishment no longer provided music on the deck. A motion was made to approve the proposed request to allow the business to operate from 7:00 am to 11:00 pm daily. The motion carried by a vote of 8 ayes, 1 noe and 2 absent. 5 ITEM NO.: 12 FILE NO.- Z -6863-C NAME: Michael's Revised Short -form PCD � &02/ LOCATION: 1701 Rebsamen Park Road Planning Staff Comments: 1. Provide notification of property owners located within 200 -feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. Variance/Waivers: _gyp 1. Waiver of Master Street Plan requirem is along Rebsamen Park Road. Public Works: 1. All previous comments on this site apply. 2. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to the street including 5 -foot sidewalk with the planned development. Match existing improvements to the south. 3. The proposed driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Only the existing driveway access is allowed. < Utilities and Fire Department/County Planning: Wastewater: Sewer available, not adversely affected. Cc Entergy: No comment received. Center -Point Enerq Approved as submitted. SBC: The utility pole and down guys in the landscaped area are to remain. Contact SBC at 373-5112 for additional information. Central Arkansas Water: No objection to change in parking requirements. Fire Department: Approved as submitted. County Planning: No comment received- ` CATA: No comment received. Planning Division: This request is located in the Heights / Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a revision to an existing Planned Commercial Development to allow a circular drop-off within the required right-of-way. The request does not require a change to the Land Use Plan. 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 fails to provide for the minimum six (6) foot nine (9) inch wide street buffer required. Additionally, no provision has been made for the required minimum five (5) foot wide perimeter landscape strip south of the parking area. These requirements take into account the reductions allowed within the designated mature area. The landscaping has not been installed along the northern perimeter that was originally required. Revised plat/plan._ Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, October 1, 2003.