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HomeMy WebLinkAboutZ-6907 Staff AnalysisSeptember 14, 2000 ITEM NO.: 8 NAME: Novero - Short -Form PD -C LOCATION: 10800 Birchwood Drive nV.UV..T.C1pF.R Roman and Lita Novero 10800 Birchwood Dr. Little Rock, AR 72211 AREA: Approx. 0.32 acre FT. NEW STREET: 0 FILE NO.: Z-6907 SURVEYOR: 011en Dee Wilson P. O. Box 604 No. Little Rock, AR NUMBER OF LOTS: 1 72115-0604 ZONING: R-2 ALLOWED USES: Single -Family Residential PROPOSED USE: Alterations/dressmaking shop VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant proposes to rezone the property at 10800 Birchwood Drive from R-2 to PD -C in order to convert the existing single family residential structure to an alterations/dressmaking shop. The applicant notes that customers will be by appointment only, with hours of operation as follows: 9:00 a.m. - 6:00 p.m., Tuesday - Friday 10:00 a.m. - 3:00 p.m., Saturday The applicant notes that there will be one (1) employee in addition to the business owner which will report to the site. The applicant also notes that the only signage will be a wall -mounted sign on the Shackleford Road side of the building. This sign will be six (6) square feet in area. September 14, 2000 SUBDIVISION ITEM NO.: 8 (Cont. FILE NO.: Z-6907 The applicant notes that there will be no exterior physical changes to the property. The original site plan submitted included small building additions and a parking lot within the front yard area. The applicant decided to make no physical changes to the property on the advice of Public Works and the Subdivision Committee, based on the fact that the property is in the floodway and FEMA approval would be required for any construction. The applicant also notes that the existing driveway will be used for parking. The applicant has also requested a Land.Use Plan Amendment for the property (Item 8.1 on this agenda). B. EXISTING CONDITIONS: The property contains an existing one-story brick single family residential structure, with accessory storage buildings in the rear yard. Access to the property is gained by utilizing a 20 foot wide driveway from Birchwood Drive. Shackleford Road and I-430 are located immediately east of the site, with single family residences to the west along Birchwood Drive and to the south across Birchwood Drive. There are office buildings located further south. There is a drainage area immediately north of the site, with a mixture of commercial uses further north along Shackleford Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one (1) letter of opposition from the Birchwood Neighborhood Association, several phone calls expressing opposition and one (1) letter of support. The Birchwood Neighborhood Association was notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide design of parking for customers and employees without backing out to public street. 2. A Grading Permit for Special Flood Hazard Area per Sec. 29-186 (b) will be required with building permit. 3. A Development Permit for Flood Hazard Area per Sec. 8-283 will be required with building permit. P� September 14, 2000 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6907 4. All property lies in the floodway, City of Little Rock does not allow any improvements or house additions in the floodway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. AP&L: No Comments received. ARKLA: No Comments received. Southwestern Bell: No Comments received. Water: No objection. Contact the Water Works if additional water service is required. Fire Department: No Comments. County Plannin : No Comments received. CATA: Site is on bus route #5, proposed rezoning and use has no effect on bus radius, turnout and route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 Planning District. The Land Use Plan shows Single Family for this location. The applicant's property is currently zoned R-2 Single Family. The applicant has applied for a zone change to Planned Development - Commercial to convert a single-family house into an alterations and dress making shop. A land use plan amendment for a change to Neighborhood Commercial is a separate item on this agenda. City Recognized Neighborhood Action Plan: The applicant's property lies in an area not covered by a city recognized neighborhood action plan. Landscape Issues: No Comments. 3 September 14, 2000 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6907 G. SUBDIVISION COMMITTEE COMMENT: (AUGUST , 2000) Roman and Lita Novero were present, representing the application. Staff briefly described the proposed PD -C and noted that information on signage and number of employees needed to be provided. Staff noted that the property is in the floodway. The floodway issue was discussed. Bob Turner, Director of Public Works, noted that if the applicant made any physical changes to the property (building additions, parking, etc.), FEMA approval would be required. He noted that the FEMA review was lengthy and very expensive. He suggested that the applicants make no physical changes to the property. In response to a question from staff, the applicants noted that there would be no dumpster on the site. The issue of parking was briefly discussed. The applicants noted that customers would come to the site by appointment only. The City's Home Occupation standards were briefly discussed. Staff noted that this property does not qualify for the home occupation standards based on the fact that the business owner will not live in the structure. The Committee noted that the applicant should contact the Birchwood Neighborhood Association regarding the rezoning. The Committee also suggested that the applicant make no physical changes to the property,. After the discussion, the Committee forwarded the PD -C to the full Commission for resolution. H. ANALYSIS: The applicant submitted a revised site plan to staff on August 30, 2000. The revised site plan eliminates the building and parking additions as shown on the plan originally submitted. The applicant notes that there will be no exterior physical changes to the property. The applicant also notes that the existing driveway will be 4 September 14, 2000 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6907 used for parking. The City's Zoning Ordinance would typically require five (5) parking spaces for this proposed use. Aside from the site design related issues, the issue of appropriateness of the proposed use must be discussed. Staff believes that the PD -C rezoning is not appropriate. The Birchwood Subdivision is a single family neighborhood which is isolated, entirely surrounded by non-residential uses. Staff believes that intrusion into this single family area would be a detriment to the neighborhood. I. STAFF ]RECODMENDATIONS: Staff recommends denial of the proposed PD -C rezoning. PLANNING COMMISSION ACTION: (SEPTEMBER 14, 2000) Roman and Lita Novero were present, representing the application. There were several objectors present. Staff briefly described the proposed PD -C rezoning with a recommendation of denial. Bob Turner, Director of Public Works, discussed the floodway issues associated with this property. Commissioner Earnest stated that the City at some time in the future should look into the removal of structures from the floodway. Commissioner Lowry asked where the drainage for the recently approved Immanuel Baptist Church site would go. Mr. Turner noted that it would not go to this area near Birchwood. Commissioner Nunnley asked if there would be no exterior changes allowed to this property. Mr. Turner stated that there would be no changes allowed without FEMA approval, and that this approval was a long and costly process. Commissioner Nunnley asked if there was a viable use for the property. Mr. Turner stated that all structures in the floodway should be removed in the future. Roman Novero addressed the Commission in support of the application. He noted that he wished to move the alterations business to this site to reduce overhead. He also noted that there would be no physical changes to the property. 5 September 14, 2000 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6907 Lita Novero also addressed the Commission in support of the application. She stated that her alterations shop was a small business and she felt that this was a good location for it. Commissioner Nunnley asked where the business is currently located and how many clients the business has. Mrs. Novero noted that the business is currently located at 10500 West Markham Street and that she had many clients. Commissioner Lowry asked how many customers per day the business had. Mrs. Novero noted that she had approximately 10 customers per day on her busiest day. She noted that customers typically make an appointment, have a fitting and pick up the garments at a later date. Commissioner Muse asked how many similar type businesses were in the area. Mrs. Novero noted that there was one other alterations business in the area and that the closest one was on Green Mountain Drive. Commissioner Faust asked if the Noveros would live at 10800 Birchwood Drive. The issue of a home occupation permit was discussed. It was noted that if the Noveros lived on the site, a home occupation permit might be appropriate. Mrs. Novero stated that they would live on the site. Jim Lawson, Director of Planning and Development, asked Dana Carney to read the home occupation standards from the Zoning Ordinance. Mr. Carney read the restrictions and noted that variances from these standards could be addressed by the Board of Adjustment. Commissioner Nunnley stated that the Commission needed to make sure that the Noveros understood the home occupation standards. Mr. Carney took the Noveros aside and explained the home occupation standards. Mr. Carney stated that the Noveros wished to live on the site and apply for a home occupation permit. He noted that the zoning of the property would remain R-2. Lita Novero requested that the PD -C rezoning application be withdrawn. A motion was made to withdraw the application. The motion passed with a vote of 11 ayes and 0 nays. 0