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HomeMy WebLinkAboutZ-7595 Staff AnalysisFILE NO.: Z-7595 Owner: Byron and Sandra Magness Applicant: Byron and Sandra Magness Location: Southeast corner of West 18th Street and Aldersgate Road Area: 0.32 acre Request: Rezone from R-2 to 0-1 Purpose: General office use Existing Use: Vacant buildings SURROUNDING LAND USE AND ZONING North — Undeveloped property (across West 18th Street); zoned 0-2 East — Single family residences and undeveloped single family lots; zoned R-2 South — Single family residences and undeveloped single family lots; zoned R-2 West — Undeveloped property and two (2) new office buildings to the northwest (across Aldersgate Road); zoned POD A. PUBLIC WORDS COMMENTS: 1. Aldersgate Road is classified on the Master Street Plan as a Collector Street. Dedicate right-of-way to 30 feet from the platted centerline. 2. The proposed land use would classify 18th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. (18' from centerline to back of curb) FILE NO.: Z-7595 (Cont. 4. A grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 3 (Baptist Medical Center part-time Route). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Twin Lakes, Twin Lakes "B" and John Barrow Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 1-430 Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for 0-1 Quiet Office for office development. A land use plan amendment for a change to Suburban Office is a separate item on this agenda. Citv Recoanized Neiahborhood Action Plan The applicant's property lies in an area covered by the John Barrow Neighborhood Area Plan. The business and commercial development goal contains the objectives of attracting job -generating businesses to the area and encouragement of land assembly guidelines for construction of new business and commercial facilities. E. STAFF ANALYSIS: Byron and Sandra Magness, owners of the 0.32 acre property at the southeast corner of West 18th Street and Aldersgate Road, are requesting to rezone the property from "R-2" Single Family District to "0-1" Quiet Office District. The rezoning is proposed in order to use the existing buildings on the property as offices. The property is made up of two (2) platted lots (Lots 11 and 12, Block 9, Hick's Interurban Addition). 2 FILE NO.: Z-7595 The property is occupied by two (2) vacant one-story frame buildings (one on each lot). There is a gravel access drive from West 18th Street. Undeveloped 0-2 zoned property is located to the north, across West 18th Street, with single family and office uses further north. Single family residences and undeveloped single family lots are located to the south and east. An office park development is located to the west, between Aldersgate Road and 1-430. Camp Aldersgate is located to the southwest. The City's Future Land Use Plan designates this property as Single Family. The applicant has filed a Land Use Plan Amendment for a change to Suburban Office (Item 10. on this agenda). Staff does not support the proposed rezoning. Staff feels that the proposed rezoning to 0-1 will not be compatible with the single family properties to the south and east. Staff views the office park property (zoned POD) to the west as a buffer between 1-430 and this area of single family. Additionally, when the property to the north (across West 18th Street) was rezoned to 0-2 with a Land Use Plan Amendment to Suburban Office (March, 2003), it was determined that West 18th Street was an appropriate south boundary line for the office uses, in order to protect the integrity of the single family area to the south and east. During the past three (3) years, several building permits for new homes have been issued within the R-2 zoned area between Aldersgate Road and Junior Deputy Road, south of the office zoned property along Kanis Road. Staff feels that allowing additional non-residential zoning within this area would be a detriment to an area which appears to be in a stage of single family in -fill development and redevelopment. F. STAFF RECOMMENDATION: Staff recommends denial of the requested 0-1 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant's request for deferral, being less than five (5) days prior to the public hearing. 3 FILE NO.: Z-7595 Cont. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. STAFF UPDATE: The applicant submitted a revised application to staff on March 29, 2004. The applicant is now requesting to rezone the property from R-2 to POD (Planned Office Development), the Magness Short -Form POD. The applicant has submitted a site plan as part of the POD request. There are two (2) one-story frame buildings on the site, which are similar in size (approximately 760 square feet each). The applicant proposes to initially use the northernmost building as a general/professional office, with the southern building being utilized for record storage. The southern building would also possibly be used for general/professional office use in the future. The applicant is proposing to construct a small asphalt parking lot along the east side of the buildings, in the rear yard. The lot will initially contain four (4) paved parking spaces, with a possible future expansion to add three (3) more spaces, if needed. The City's Zoning Ordinance would typically requires a minimum of three (3) parking spaces for the site, with both buildings being used as office. The proposed site plan shows a landscape strip between the proposed parking area and the buildings, with landscaping along the north side of the north building. The applicant also proposes to install landscape screening between the proposed parking area and the east and south property lines. The applicant has noted that the landscape and buffer ordinances will be complied with. The applicant is also proposing a small ground -mounted sign at the northwest corner of the property. The sign will have a height of six (6) feet, an area of 32 square feet and be set back at least five (5) feet from the property liens. Additional landscaping will be installed around the sign area. The proposed sign complies with the typical ordinance standards for office zoning. Public Works submitted revised comments for the POD proposal, which are in paragraph A. of this report. The applicant is requesting a five (5) year deferral of street improvements for West 18th Street and Aldersgate Road. Public Works has indicated support of the deferral for five (5) years or until adjacent development, whichever occurs first. The Little Rock Fire Department notes that fire hydrants must be placed as per city code. Central Arkansas Water notes that water meter rates must be changed from residential to commercial. Little Rock Wastewater notes that 4 FILE NO.: Z -7595 --(Cont,) sewer service is available to the property. No other utility comments have been received by staff. Staff does not support the requested POD zoning. For the reasons listed in paragraph E. of the staff report, staff continues to feel that the property should remain single family residential. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004) Byron and Sandra Magness were present, representing the application. Staff noted that the application had been revised to a POD zoning, and explained the proposed site plan for the property. The Public Works requirements were discussed. Mike Hood, of Public Works, noted that street improvements would be required for West 18th Street and Aldersgate Road. A possible deferral of the street improvements was discussed. Mrs. Magness indicated that a deferral probably would be requested. Other office properties in the general area were discussed. The landscape and buffer requirements for the proposed site development were discussed. Mrs. Magness indicated that evergreen screening will be used between the parking lot and the east and south property lines. Mrs. Magness noted that she had received no opposition to the proposal. She stated that she had letters from nearby property owners and businesses supporting the office development. After the discussion, the Committee forwarded the proposal to the full Commission for resolution. PLANNING COMMISSION ACTION: (MAY 6, 2004) Byron and Sandra Magness were present, representing the application. There were two (2) persons present in opposition. Staff presented the revised application (Magness Short -Form POD) with a recommendation of denial. The proposed rezoning and land use plan amendment (LU04-11-01) were discussed simultaneously. Sandra Magness addressed the Commission in support of the application. She noted that she and Mr. Magness owned several lots in the immediate area and had moved several homes into the neighborhood. She described the property they owned, and noted the property owner to the north supported their rezoning. G� FILE NO.: Z-7595 Cont.) She described other office -zoned properties in the area. She gave a brief description of the proposed POD. Betty Snyder, of the John Barrow Neighborhood Association, spoke in opposition. She stated that the property should remain zoned single family. She noted that the office use should be located elsewhere. Commissioner Lowry asked Ms. Snyder if she would support the rezoning if it were conditioned on the Magness' ownership only and if the land use plan amendment were denied. Ms. Snyder stated that she still could not support it. Ruth Bell also addressed the Commission in opposition. Commissioner Adcock asked if the existing gravel drive from Aldersgate Road would be used. Mike Hood, of Public Works, stated that the only access would be a new paved driveway from West 18th Street. Commissioner Adcock asked which building would be used as an office. Mrs. Magness explained that the northernmost building would be used as their real estate office. Commissioner Adcock asked about the need for the proposed parking lot in the rear yard. Staff recommended that only a two -car driveway, with parking for two (2) vehicles, be constructed, to help maintain the residential integrity of the property. The parking issue was discussed. Mrs. Magness requested to amend the application to provide only a two -car driveway from West 18th Street. The proposed use of the property was discussed. Commissioner Rector noted that the north building would be used as an office for the Magness' real estate office only, the south building would be used for record storage, and both buildings could be used as single family residential in the future. Mrs. Magness agreed with the uses as described by Commissioner Rector, and amended the application accordingly. There was a motion to approve the Land Use Plan Amendment as filed. The motion failed by a vote of 0 ayes and 11 nays. The Land Use Plan Amendment was denied. There was a second motion to approve the Magness Short -Form POD as amended (as noted above) to include the deferral of street improvements for West 18th Street and Aldersgate Road for five (5) years or until adjacent development, whichever occurs first. The motion passed by a vote of 11 ayes and 0 nays. The POD application was approved. L May 6, 2004 ITEM NO.: G FILE NO.: Z-7595 Owner: Byron and Sandra Magness Applicant: Byron and Sandra Magness Location: Southeast corner of West 18th Street and Aldersgate Road Area: 0.32 acre Request: Rezone from R-2 to 0-1 Purpose: General office use Existing Use: Vacant buildings . SURROUNDING LAND USE AND ZONING North — Undeveloped property (across West 18th Street); zoned 0-2 East — Single family residences and undeveloped single family lots; zoned R-2 South — Single family residences and undeveloped single family lots; zoned R-2 West — Undeveloped property and two (2) new office buildings to the northwest (across Aldersgate Road); zoned POD A. PUBLIC WORKS COMMENTS: 1. Aldersgate Road is classified on the Master Street Plan as a Collector Street. Dedicate right-of-way to 30 feet from the platted centerline. 2. The proposed land use would classify 18th Street on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. Provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. (18' from centerline to back of curb) May 6, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7595 4. A grading permit in accordance with section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 5. Storm water detention ordinance applies to this property. B. PUBLIC TRANSPORTATION ELEMENT: The site is located on CATA Bus Route 3 (Baptist Medical Center part-time Route). C. PUBLIC NOTIFICATION: All property owners located within 200 feet of the site, all residents within 300 feet who could be identified, and the Twin Lakes, Twin Lakes "B" and John Barrow Neighborhood Associations were notified of the public hearing. D. LAND USE ELEMENT: This request is located in the 1-430 Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for 0-1 Quiet Office for office development. A land use plan amendment for a change to Suburban Office is a separate item on this agenda. City Recognized Neighborhood Action Plan: The applicant's property lies in an area covered by the John Barrow Neighborhood Area Plan. The business and commercial development goal contains the objectives of attracting job -generating businesses to the area and encouragement of land assembly guidelines for construction of new business and commercial facilities. E. STAFF ANALYSIS: Byron and Sandra Magness, owners of the 0.32 acre property at the southeast corner of West 18th Street and Aldersgate Road, are requesting to rezone the property from "R-2" Single Family District to "O-1" Quiet Office District. The rezoning is proposed in order to use the existing buildings on the property as offices. The property is made up of two (2) platted lots (Lots 11 and 12, Block 9, Hick's Interurban Addition). 4 May 6, 2004 iTEM NO.: G (Cont.) FILE NO.: Z-7595 The property is occupied by two (2) vacant one-story frame buildings (one on each lot). There is a gravel access drive from West 18t� Street. Undeveloped 0-2 zoned property is located to the north, across West 18th Street, with single family and office uses further north. Single family residences and undeveloped single family lots are located to the south and east. An office park development is located to the west, between Aldersgate Road and 1-430. Camp Aldersgate is located to the southwest. The City's Future Land Use Plan designates this property as Single Family. The applicant has filed a Land Use Plan Amendment for a change to Suburban Office (Item 10. on this agenda). Staff does not support the proposed rezoning. Staff feels that the proposed rezoning to 0-1 will not be compatible with the single family properties to the south and east. Staff views the office park property (zoned POD) to the west as a buffer between 1-430 and this area of single family. Additionally, when the property to the north (across West 18th Street) was rezoned to 0-2 with a Land Use Plan Amendment to Suburban Office (March, 2003), it was determined that West 18th Street was an appropriate south boundary line for the office uses, in order to protect the integrity of the single family area to the south and east. During the past three (3) years, several building permits for new homes have been issued within the R-2 zoned area between Aldersgate Road and Junior Deputy Road, south of the office zoned property along Kanis Road. Staff feels that allowing additional non-residential zoning within this area would be a detriment to an area which appears to be in a stage of single family in -fill development and redevelopment. F. STAFF RECOMMENDATION: Staff recommends denial of the requested 0-1 rezoning. PLANNING COMMISSION ACTION: (MARCH 25, 2004) Staff informed the Commission that the applicant submitted a letter requesting that the application be deferred to the May 6, 2004 agenda. Staff supported the deferral request. With a vote of 10 ayes, 0 nays and 1 absent, the Commission voted to waive their bylaws and accept the applicant's request for deferral, being less than five (5) days prior to the public hearing. 3 May 6, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7595 The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the May 6, 2004 agenda. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. The application was deferred. STAFF UPDATE: The applicant submitted a revised application to staff on March 29, 2004. The applicant is now requesting to rezone the property from R-2 to POD (Planned Office Development), the Magness Short -Form POD. The applicant has submitted a site plan as part of the POD request. There are two (2) one-story frame buildings on the site, which are similar in size (approximately 760 square feet each). The applicant proposes to initially use the northernmost building as a general/professional office, with the southern building being utilized for record storage. The southern building would also possibly be used for general/professional office use in the future. The applicant is proposing to construct a small asphalt parking lot along the east side of the buildings, in the rear yard. The lot will initially contain four (4) paved parking spaces, with a possible future expansion to add three (3) more spaces, if needed. The City's Zoning Ordinance would typically requires a minimum of three (3) parking spaces for the site, with both buildings being used as office. The proposed site plan shows a landscape strip between the proposed parking area and the buildings, with landscaping along the north side of the north building. The applicant also proposes to install landscape screening between the proposed parking area and the east and south property lines. The applicant has noted that the landscape and buffer ordinances will be complied with. The applicant is also proposing a small ground -mounted sign at the northwest corner of the property. The sign will have a height of six (6) feet, an area of 32 square feet and be set back at least five (5) feet from the property liens. Additional landscaping will be installed around the sign area. The proposed sign complies with the typical ordinance standards for office zoning. Public Works submitted revised comments for the POD proposal, which are in paragraph A. of this report. The applicant is requesting a five (5) year deferral of street improvements for West 18th Street and Aldersgate Road. Public Works has indicated support of the deferral for five (5) years or until adjacent development, whichever occurs first. 0 May 6, 2004 ITEM NO.: G (Cont.) FILE NO.: Z-7595 The Little Rock Fire Department notes that fire hydrants must be placed as per city code. Central Arkansas Water notes that water meter rates must be changed from residential to commercial. Little Rock Wastewater notes that sewer service is available to the property. No other utility comments have been received by staff. Staff does not support the requested POD zoning. For the reasons listed in paragraph E. of the staff report, staff continues to feel that the property should remain single family residential. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004) Byron and Sandra Magness were present, representing the application. Staff noted that the application had been revised to a POD zoning, and explained the proposed site plan for the property. The Public Works requirements were discussed. Mike Hood, of Public Works, noted that street improvements would be required for West 18th Street and Aldersgate Road. A possible deferral of the street improvements was discussed. Mrs. Magness indicated that a deferral probably would be requested. Other office properties in the general area were discussed. The landscape and buffer requirements for the proposed site development were discussed. Mrs. Magness indicated that evergreen screening will be used between the parking lot and the east and south property lines. Mrs. Magness noted that she had received no opposition to the proposal. She stated that she had letters from nearby property owners and businesses supporting the office development. After the discussion, the Committee forwarded the proposal to the full Commission for resolution. PLANNING COMMISSION ACTION: (MAY 6, 2004) Byron and Sandra Magness were present, representing the application. There were two (2) persons present in opposition. Staff presented the revised application (Magness Short -Form POD) with a recommendation of denial. The proposed rezoning and land use plan amendment (LU04-11-01) were discussed simultaneously. 5 May 6, 2004 ITEM NO.: G (Cont. FILE NO.: Z-7595 Sandra Magness addressed the Commission in support of the application. She noted that she and Mr. Magness owned several lots in the immediate area and had moved several homes into the neighborhood. She described the property they owned, and noted the property owner to the north supported their rezoning. She described other office -zoned properties in the area. She gave a brief description of the proposed POD. Betty Snyder, of the John Barrow Neighborhood Association, spoke in opposition. She stated that the property should remain zoned single family. She noted that the office use should be located elsewhere. Commissioner Lowry asked Ms. Snyder if she would support the rezoning if it were conditioned on the Magness' ownership only and if the land use plan amendment were denied. Ms. Snyder stated that she still could not support it. Ruth Bell also addressed the Commission in opposition. Commissioner Adcock asked if the existing gravel drive from Aldersgate Road would be used. Mike Hood, of Public Works, stated that the only access would be a new paved driveway from West 18th Street. Commissioner Adcock asked which building would be used as an office. Mrs. Magness explained that the northernmost building would be used as their real estate office. Commissioner Adcock asked about the need for the proposed parking lot in the rear yard. Staff recommended that only a two-car.driveway, with parking for two (2) vehicles, be constructed, to help maintain the residential integrity of the property. The parking issue was discussed. Mrs. Magness requested to amend the application to provide only a two -car driveway from West 18th Street. The proposed use of the property was discussed. Commissioner Rector noted that the north building would be used as an office for the Magness' real estate office only, the south building would be used for record storage, and both buildings could be used as single family residential in the future. Mrs. Magness agreed with the uses as described by Commissioner Rector, and amended the application accordingly. There was a motion to approve the Land Use Plan Amendment as filed. The motion failed by a vote of 0 ayes and 11 nays. The Land Use Plan Amendment was denied. There was a second motion to approve the Magness Short -Form POD as amended (as noted above) to include the deferral of street improvements for 9 May 6, 2004 2111121i91WA 1411 West 18th Street and Aldersgate Road for five (5) years or until adjacent development, whichever occurs first. The motion passed by a vote of 11 ayes and 0 nays. The POD application was approved. 7