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HomeMy WebLinkAboutZ-7560 Staff AnalysisJanuary 29, 2004 ITEM NC.: 8.1 NAME: Dempsey Short -form PD -O LOCATION: 3503 West Capitol Avenue DEVELOPER: Sharon Dempsey 3503 West Capitol Avenue Little Rock, AR 72205 CAIr'_IAICCD- Donald W. Brooks, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: Acres NUMBER OF LOTS: FT. NEW STREET: 0 CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD -O PROPOSED USE: Private Security Office VARIANCES/WAIVERS REQUESTED: None requested. FILE NO.: Z= January 29, 2004 SUBDIVISION ITEM NO.: 8.1 Cont. FILE NO.: Z-7560 A. PROPOSAL/REQUEST: The applicant intends to utilize an existing single-family residence as a security sales office. Statco Security has zero walk-in traffic and no employees. There are three sales persons, one installer and one bookkeeper. Persons associated with the business are self-employed and/or contract laborers who work out of their homes and visit potential clients' homes for sales and installation of security systems. The applicant has indicated the arrangement allows employees to only access the site to pick-up or drop-off paperwork. The applicant has indicated the company does not solicit the neighbors on behalf of the business. The applicant's cover letter indicates all persons self employed or contracted have received a background check, been finger printed, which are on file with the State Police and the FBI, and have been issued licenses from the Arkansas Board of Private Investigators and Private Security Agencies through the office of West Adams. The applicant indicates there are typically only two (2) employees who report to the site regularly, one being the owner and the second a bookkeeper. The applicant has indicated there are no deliveries to the site and only one pick-up per week from Federal -Express. The applicant is requesting a single identification sign to be located in the front yard area. The sign proposed is one square foot of sign area with a maximum of six feet in height; signage allowed in single-family zones. The applicant has stated the days and hours of operation are from 8:00 am to 5:00 pm Monday through Friday. The applicant has also stated the request is for her only and should the business relocate, the structure will resume single-family occupation. B. EXISTING CONDITIONS: The site contains a structure currently being used as an office use by the applicant. The site is contained by a four foot chain link fence with a double gate in the rear. The rear area is grass covered and has a concrete apron extending to Valmar Street. There is not a sidewalk in front of the site but sidewalks are along West Capitol Avenue up to the property line and continue across Valmar Street to the east. It appears a public utility has disturbed the sidewalk and not replaced the walkway. Currently there are automobiles being parked in front of the structure in the public right-of-way. West Capitol Avenue is shown on the City's Master Street Plan as a collector street. The roadway is curbed and guttered and as indicated sidewalks are in place for a large portion of the roadway. 2 January29, 2004 SUBDIVISION ITEM NO.: 8.1 Cont. FILE NO.: Z-7560 Other uses in the area are primarily single-family with a small number of two-family residences. There is a church located on Valentine Street with an adjoining structure serving as the church office. C. NEIGHBORHOOD COMMENTS: The Capitol View Stifft Station Neighborhood Association, all residents who could be identified located within 300 -feet of the site and all property owners located within 200 -feet of the site were notified of the public hearing. As of this writing staff has not received any comment from area residents. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Parking of vehicles in the public right-of-way is prohibited, except in designated on-site parking area. 2. For office uses, a paved on-site parking or extended apron should be provided to prevent tracking onto city streets. E. UTILITIES AND FIRE DEPARTMENTICOUNTY PLANNING: Wastewater: Sewer available not adversely affected. Entergy: No comment received. Center -Point Energy: Approved as submitted. SBC: Approved as submitted. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment received. CATA: No comment received. F. 1SSUESITECHNICALIDESIGN: Planning Division: This request is located in the 1-630 Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Development — Office for a security company office. c January 29, 2004 SUBDIVISION ITEM NO.: 8.1(Cont.)FILE NO.: Z-7560 A land use plan amendment for a change to Suburban Office is a separate item on this agenda (File No. LU04-09-01 Item #8). City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Woodruff Neighborhood Area Plan (Capitol View / Stifft Station). The Community Preservation goal listed an objective of preserving housing stock in the neighborhood. The Community Preservation goal also listed an action statement of enacting a "No Net Loss" policy in the neighborhood that is no net loss of housing units due to changes in the land use plan. This action would result in the loss of property available for housing. Landscape: If a parking area is to be established, then landscaping and screening will be required in compliance with zoning and landscaping ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (January 8, 2004) Ms. Sharon Dempsey was present representing the request. Staff noted the request was to allow a private security office to locate in a single-family structure located on the corner of West Capitol and Valmar Street. Staff noted there were a few additional items needed to complete the review. Staff questioned the number of employees of the company, both contract and hourly. Staff also noted the parking area proposed for the rear should be constructed of a hard surface material. Public Works comments were addressed noting parking in the right-of-way was not permitted. Staff stated the applicant would be required to extend the apron of the parking area or provide an on-site parking pad for a minimum number of cars. Landscaping comments were addressed. Staff stated if the parking area was developed, then screening would be required per the zoning ordinance. 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 a revised plan to staff addressing most of the issues raised at the January 8, 2004 Subdivision Committee meeting. The applicant has indicated a two (2) car parking pad in the rear of the structure accessed from Valmar Street. The applicant has indicated the parking pad will be constructed of concrete and areas will be set aside for landscaping as required by the landscape and zoning ordinances. The applicant has indicated plantings along the southern property line to screen the adjoining properties. 112 January 29, 2004 SUBDIVISION ITEM NO.: 8.1 (Cont. FILE NO.: Z-7560 The applicant is requesting a single sign located in the front yard area of the site. The applicant is requesting signage of one square foot in sign area and a maximum of six feet in height, which is consistent with signage allowed in single-family zones. The applicant has indicated there are five (5) employees of the business all contract laborers. The applicant has also indicated the site will not house the monitoring service but be an office for storage of files and limited equipment. The applicant has indicated representatives will access the site to "pick-up" equipment on an as -needed basis and drop off paper work after an installation has been completed. The applicant has also indicated there is a single bookkeeper that reports to the site more frequently; approximately three to four times per week. Staff is not supportive of the proposed request. Staff feels the location is not suitable for non-residential use. Although there are non-residential uses located near the area, the site is located in the heart of a residential neighborhood. There are two small churches located to the southwest of the site and from appearances driving through the neighborhood the uses along Capitol Avenue. Valmar and Valentine Streets appear to be one and two family residences. The Neighborhood Action Plan states the desire of the residents to maintain a no net loss of housing units policy due to changes in the land use plan. The applicant has applied for a change to the Future Land Use Plan (Item # 8 File No. LU04-09-01) as well as the rezoning request. With the exception of the school property (Woodruff Elementary School) the area is shown as Single Family on the City's Future Land Use Plan. Staff feels to introduce a non-residential use in the area would erode the neighborhood by introducing non-residential possibilities along West Capitol Avenue. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (JANUARY 29, 2004) Ms. Sharon Dempsey was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Dempsey stated she was leasing the site with a purchase option. She stated when the site was originally secured the owner had indicated the site was zoned for her business use. She stated she had competed renovations on the interior and January 29, 2004 SUBDIVISION ITEM NO.: 8.1 Cont. FILE NO.: Z-7560 modifications to the exterior. She stated there were no structural changes being made to the unit and once she vacated the structure could return to single-family. Mr. Herb Hawn addressed the Commission in opposition of the proposed request. He stated the applicant had paced a four -foot chain link fence around the site, which was out of character of the neighborhood. He stated West Capitol Avenue was primarily single-family and two-family homes. He stated the neighborhood and the City had taken great efforts to rehabilitate the neighborhood through Community Development Block Grant funds and the CDC had constructed three new homes in the neighborhood. Mr. Hawn stated the applicant did not live in the neighborhood and did not have an investment in the neighborhood. Mr. Hawn stated his desire for the Commission to deny the request and allow the area to remain residential. Mr. Stewart Yancey addressed the Commission in opposition of the proposed request. He stated he currently owned two homes in the area and had rehabbed several other homes in the area. He stated the fence was out of character for the neighborhood. He stated the applicant did not live in the house and did not have a stake in the neighborhood. Mr. Yancey stated the applicant should not have taken for granted the site was zoned for the use requested and should have checked prior to spending the money to upgrade the site. Ms. Dempsey stated she had placed a sign in the front yard to let the neighbors know she was there. She stated she had contacted the neighborhood association to meet with them but no one had returned her calls. She stated she was requesting to be allowed to remain on the site, her business was a quiet business and of the neighbors she had spoken to they were supportive of her being there. A motion was made to approve the request. The motion failed by a vote of 0 ayes, 10 noes and 1 absent. 0 January 29, 2004 ITEM NO.: 8 FILE NO.: LU04-09-01 Name: Land Use Plan Amendment - 1-630 Planning District Location: 3503 W. Capitol Avenue Request: Single Family to Suburban Office Source: Sharon Dempsey, Robert Palmer PROPOSAL / REQUEST: Land Use Plan amendment in the 1-630 Planning District from Single Family to Suburban Office. The Suburban Office category shall provide low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The applicant wishes to convert a house into an office for a security company. Staff is not expanding the application since the application is in an area where the Plan has been review recently. EXISTING LAND USE AND ZONING.- The ONING: The property is a house currently zoned R-3 Single Family and is about .15 acres ± in size. The property to the north consists of two duplexes zoned R-4 Two Family while the remainder of the surrounding property is houses located on land zoned R-3. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On July 17, 2001 a change was made from Single. Family to Park / Open Space at Stephens Park about 3/ of a mile south of the application area to recognize existing conditions. On April 20, 1999 a change was made from Single Family to Public Institutional in the 1700 block of Pine Street about % of a mile south of the property in question to recognize existing conditions. On April 20, 1999 a change was made from Single Family to Mixed Use along both sides of W. 12th Street from Woodrow Street to Oak Street about a'/z mile south of the study area to recognize existing conditions. On April 20, 1999 a change was made from Single Family to Mixed Use on W. 11th Street at Elm Street about a'/Z mile southwest of the area in question to recognize existing conditions. January 29, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU04-09-01 On April 20, 1999 a change was made from Single Family to Mixed Use on W. 12th Street at Elm Street about 2/3 of a mile southwest of the applicant's property to recognize existing conditions. On April 20, 1999 a change was made from Single Family to Mixed Use on Pine Street at W. 18th Street about % of a mile southwest of the application area to recognize existing conditions. The applicant's property is shown as Single Family on the Future Land Use Plan, All of the surrounding property neighboring the applicant's property is shown as Single Family on the Future Land Use Plan. MASTER STREET PLAN: Capitol Avenue is shown on the Master Street Plan as a Collector Street and is built to standard. Valmar Street is a standard residential street and is built to standard. There are no Bikeways shown that would be affected by this amendment. PARKS: The applicant's property is located two blocks west -of Lamar Porter baseball field and within an eight block walking distance of the Woodruff Elementary School. The Little Rock Parks and Recreation Master Plan of 2001 includes public school property, such as the Woodruff Elementary School located on the northwest corner Booker and W. 7th Street next to Lamar Porter Field as an element in the eight -block strategy of providing park and open space facilities within eight blocks of all residents of the City of Little Rock. HISTORIC DISTRICTS: The applicant's property is not located in a historic district that would be affected by this amendment. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Woodruff Neighborhood Area Plan (Capitol View / Stifft Station). The Community Preservation goal listed an objective of preserving housing stock in the neighborhood. The Community Preservation goal also listed an action statement of enacting a "No Net Loss" 2 January 29, 2004 SUBDIVISION ITEM NO.: 8 Cont. FILE NO.: LU04-09-01 policy in the neighborhood that is no net loss of housing units due to changes in the land use plan. This action would result in the loss of property available for housing. ANALYSIS: The applicant's properly is located in a stable neighborhood. Although two churches are located on Valentine Street, they are located in buildings built on a mass and scale compatible with existing surroundings suitable to serve the needs of the neighborhood. Churches are also treated as Public Institutional uses similar to schools, which are often located, near the center of residential neighborhoods away from more intense uses that would normally locate on or near arterial streets at the edge of a neighborhood. However, not every religious institution is or needs to be shown as Public Institutional. The change to Suburban Office would introduce non-residential uses into an area physically separated from non-residential uses. A change to Suburban Office at this location could introduce future uses that would draw people into the neighborhood and serve a larger market area. The areas shown as Office along the north side of Markham Street between University Avenue and Pine Street are more suitable, and provide property available for redevelopment, for Office developments than the isolated location of the applicant's property. A change to Suburban Office would also reduce the amount of land shown as Single Family and reduce the amount of housing stock available in the neighborhood. The removal of housing stock at the location may reduce the residential viability of neighboring housing stock. Any non-residential development of this site needs to be compatible with the adjacent residential properties. The current Suburban Office category would allow non-residential development to take place at this location under the PZD process. The development of the property should be minimized in size dimensions and avoid the mass and bulk typical of -developments that are incompatible with neighboring residential uses. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Capitol View Stifft Station Neighborhood Association, Curran -Conway Neighborhood Association, Forest Hills Neighborhood Association, Goodwill Neighborhood Association, Hope Neighborhood Association, Love Neighborhood Association, Midway Neighborhood Association, Oak Forest Neighborhood Association, Pine to 3 January 29, 2004 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: LU04-09-01 Woodrow Neighborhood Association, S. O. A. Neighborhood Association, Stephens Area Faith Neighborhood Association, War Memorial Neighborhood Association, Oak Forest Acorn, Oak Forest Initiative, Central High Neighborhood Association, Wright Avenue Neighborhood Association, Cedar Hill Terrace Property Owners Association, and Hillcrest Residents Neighborhood Association. Staff has not received comments from area residents or Neighborhood Associations at the time of this writing concerning this change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. This change would introduce an isolated area of non-residential uses in an area surrounded by Single Family. 4