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HomeMy WebLinkAboutZ-7698 Staff AnalysisITEM NO.: 25 FILE NO.: {Z-7698 NAME: Kathy's Long -form PD -C LOCATION: located at 13810 Colonel Glenn 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. 2. Create a pipe -stem lot for proposed Lot 3 to allow water service to be located on the individual's lot. The pipe stem should be a minimum of 30 -feet at Colonel Glenn Road extending to proposed Lot 3. The plat will require a variance from the Subdivision Ordinance to allow the creation of a pipe stem lot and a variance for the length of the pipe stem lot. 3. Is any signage proposed as a part of the development both existing and/or new signage. If so locate the signage on the site plan along with a note concerning the height and area. 4. Provide the days and hours of operation of each business to be located on the site. 5. Provide the number of employees of each business to be located on the site. 6. Will there be a dumpster added to either site? If so indicted the location along with the required screening. 7. Dimension all building setbacks on the proposed site plan. 8. Provide the building square footages of the office and the salon. 9. Is the request solely for the existing uses or are alternative uses being requested. Variance/VVaivers: None requested. Pi 1hlic Works: 1 2 Colonel Glenn is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 -feet from centerline will be required (as shown on the plat). Provide design of street conforming to the Master Street Plan. Construct one-half street improvement including a 5 -foot sidewalk with the planned development. If constriction is not done prior to final platting, a Board deferral or waiver would be required. Utilities and Fire Department/County Planning: Wastewater: Outside the service boundary. Provide an approval letter from the Pulaski County Sanitarian concerning the proposed septic system. Enter : No comment received. Center -Point Energy: Approved as submitted., SBC: No comment received. Central Arkansas Water: Any existing water meters that are residential should be changed to commercial for existing or proposed businesses. Due to use as a beauty Shop, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service for that facility. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding fire hydrant requirements and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Should be platted to allow the rear lot to have a minimum of 20 -feet of frontage on public right-of-way in order to retain water service. The meter must be relocated to the area that has frontage on the right-of-way if it is not currently at that location. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: Colonel Glenn is a Class IV roadway, which requires an 80 -foot minimum right-of-way. Existing right-of-way is not noted on the plat. CATA: No comment received. Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for an adoption agency and a one -chair beauty salon in separate buildings. With the reversion of this property to single family with the sale of the property or business operations cease, this will not have a significant impact on the Future Land Use plan and no amendment is required at this time. Master Street Plan: Colonel Glenn Road is shown as a Minor Arterial on the Master Street Plan and this street may require dedication of right-of-way and street improvements. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area. CitV 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: No comment. Revised__plat/plan_ Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, August 11, 2004. August 26, 2004 ITEM NO.: 25 FILE NO.: Z-7698 NAME: Kathy's Long -form PD -C LOCATION: Located at 13810 Colonel Glenn Road DEVELOPER: Katherine and William McMurry 13810 Colonel Glenn Road Little Rock, AR 72210 ENGINEER: The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 AREA: 6.3 Acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family and a non -conforming beauty salon PROPOSED ZONING: PD -C PROPOSED USE: Single-family, beauty salon and office VARIANCESNVAIVERS REQUESTED: A waiver of Master Street Plan improvements to Colonel Glenn Road. A. PROPOSAUREQUEST: The site is located on the north side of Colonel Glenn Road, west of 1-430 approximately 1.5 miles and contains 6.3 acres. The site is located in an area of relatively large rural tracts of undeveloped wooded land and farms, with some single-family residences in the area. The abutting property is lightly wooded and undeveloped. The requested PCD zoning will not change the use of the property. Its present uses are a beauty salon in one building that has been in operation approximately twenty-five years, a quiet office (general and professional) in the second August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont.) FILE NO.: Z-7698 structure and the applicant's residence in the remaining larger portion of the property. The requested PCD zoning is for the indicated non-residential uses with single-family as alternative uses for each of the structures. The buildings are served by two paved driveways from Colonel Glenn Road and a paved parking area for the beauty salon. All buildings have adequate setbacks from the property line and each other to satisfy planning criteria. The beauty salon has two stations, a nail station and a tanning area and provides for handicapped parking. A Central Arkansas Water fire hydrant is located within one hundred feet of the property. The property is served by septic systems, electricity, gas and water from Central Arkansas Water. The granting of the PCD and allowing the continuation of the present uses on the property produces no adverse impact or changes to adjoining landowners or the area as a whole. To the contrary, it will allow the property to continue to provide useful, desirable services to the area. The applicant is also proposing a three lot plat as a part of the request. The applicant has indicated two of the lots will contain non-residential uses with the third remaining zoned R-2, Single-family and containing the applicant's residence. B. EXISTING CONDITIONS: The site contains three single-family structures, one being used as a home and the other two as non-residential uses. Kathy's Beauty Salon has been operation from one of the structures for several years. The second structure is a newer located along the eastern property line and is currently being used as an office. This use is a violation of the City's Zoning Ordinance and is currently under enforcement. The area is predominately single-family homes on acreage and pasture areas. Colonel Glenn Road is a two lane roadway with open ditches for drainage. Just west of this site is a large curve. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 -feet of the site and all residents located within 300 -feet of the site who could be identified were notified of the public hearing. There is not an active neighborhood association located within the area. As of this writing staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: Public Works: 2 August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont.) FILE NO.: Z-7698 1. Colonel Glenn is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 -feet from centerline will be required (as shown on the plat). 2. Provide design of street conforming to the Master Street Plan. Construct one- half street improvement including a 5 -foot sidewalk with the planned development. If construction is not completed prior to final platting, a Board deferral or waiver would be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide an approval letter from the Pulaski County Sanitarian concerning the proposed septic system. Entergy: Approved as submitted. Center -Point _EnergY: Approved as submitted. SBC: No comment received. Central Arkansas Water: Any existing water meters that are residential should be changed to commercial for existing or proposed businesses. Due to use as a beauty Shop, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service for that facility. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding fire hydrant requirements and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Should be platted to allow the rear lot to have a minimum of 20 -feet of frontage on public right-of-way in order to retain water service. The meter must be relocated to the area that has frontage on the right-of-way if it is not currently at that location. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: Colonel Glenn is a Class IV roadway, which requires an 80 -foot minimum right-of-way. Existing right-of-way is not noted on the plat. CATA: No comment received. 3 August 26, 2004 SUBDIVISION ITEM NO.: 25(Cont.)FILE NO.- Z-7698 F. ISSUESITECHNICAL/DESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for an adoption agency and a one -chair beauty salon in separate buildings. With the reversion of this property to single family with the sale of the property or business operations cease, this will not have a significant impact on the Future Land Use plan and no amendment is required at this time. Master Street Plan: Colonel Glenn Road is shown as a Minor Arterial on the Master Street Plan and this street may require dedication of right-of-way and street improvements. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area. 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: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 5, 2004) The applicant was present representing the request. Staff presented an overview of the proposed request indicating the request was in response to an enforcement action. Staff stated the site contained a beauty salon and two single-family structures one of which was being used as an adoption agency. Staff stated the applicant was requesting a Planned Commercial Development and the creation of a three lot plat to allow the three uses to be located on individual lots. Staff noted all three structures could be used as single-family homes at some point in the future. Staff questioned if the request was for the sole use of the existing users or if additional uses and/or users were being request. Mr. McMurry stated the use was solely for the adoption agency and his wife's salon. Staff also requested the applicant provide a pipe -stem lot for the rear lots to allow all utilities to be located on the applicant's property. Mr. Holloway stated this would not be a problem. Staff questioned if there would be a dumpster located on the site. Mr. McMurry stated there would not be a dumpster on the site. He also stated the request included one additional stylist at the salon and the office use for approximately 4 August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont. _._ FILE NO.: Z-7698 six employees. He stated the intent was to not change the residential characteristics of the structures and at some point in the future return the use to single-family. Public Works comments were addressed. Staff stated per the Master Street Plan street improvements would be required along the property frontage. Staff noted a five deferral would be supported by staff but for commercial development a waiver was not typically supported. Staff noted there were no landscaping issues related to the proposed development. Staff stated since there were no new paved areas being added and the intent was to maintain the residential character of the structures no new landscaping would be required at this time. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the August 5, 2004 Subdivision Committee meeting. The applicant has indicated the use of the site solely for the existing uses. The applicant has indicated there would be the addition of one employee for the beauty salon and the adoption agency currently has six employees. The applicant has indicated the days and hours of operation are six days per week from 8:00 am to 5:00 pm. There is an existing sign located on the lot proposed as the beauty salon, which is six feet in height and 20 square feet in area. The signage is consistent with signage allowed in office zones. The applicant has indicated no signage will be added to the proposed lot housing the office use. The site plan indicates there is to be no dumpsters located on the site and no new fencing is proposed. The applicant has indicated the uses are not intense uses and generate garbage similar to a single-family home. The applicant is requesting a waiver of street improvements to Colonel Glenn Road. The applicant has indicated since the site will not remain as non- residential uses a waiver is being sought. Staff is supportive of the applicant's request. The office use has a limited lease agreement which would leave the beauty salon as the non-residential uses. The salon has been in existence for several years and staff feels the waiver appropriate since the uses will revert to single-family at some point in the future. Staff is supportive of the applicant's request. The applicant is requesting a PD -C to allow the uses of the site to continue and to allow the creation of a three lot R August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont.) FILE NO.: Z-7698 plat. There are three structures located on the site, which will revert to single- family uses when the current lease of the office use expires and the current owner decides to no longer operate a beauty shop on the site. Staff feels the creation of the plat appropriate to allow the owner to sell one or all the structures if desired in the future. The beauty salon has operated on the site for twenty plus years. The adoption agency has no customer traffic and a limited number of employees. Staff feels with there being no customer traffic to the office site this should limit the impact on adjoining properties. In addition staff feels since the use is limit to the current lease agreement after which the site will return to single-family staff feels the impacts should be minimal. The applicant is not proposing any structural modifications or exterior modifications, which would change the character of the site. To staffs knowledge there are no outstanding issues associated with the proposed request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends the office use on proposed Lot 2 be limited to the current user and to the current lease agreement. After the lease agreement expires the site will be returned to single-family use. Staff recommends the beauty .salon on proposed Lot 1 be limited to the ownership of the applicant and not be transferable to any other owner. PLANNING COMMISSION ACTION: (AUGUST 26, 2004) The applicant was present representing the request. There were registered objectors present. Staff stated the request was a rezoning of the site to allow an existing beauty salon to operate on the western most lot and an ado tion a enc on the eastern most lot. Staff stated the proposal included a three lot plat with one of the lots requiring a variance to allow a pipe stem lot. Staff presented a recommendation the office use on proposed Lot 2 be limited to the current user and to the current lease agreement and after the lease agreement expired the site would return to a single-family use. Staff recommended the beauty salon on proposed Lot 1 be limited to the ownership of the applicant and not be transferable to any other owner. Mr. Tony Fletcher spoke in opposition of the proposed request. He stated the area was primarily agriculture and single-family homes. Mr. Fletcher stated he had lived in the area for 25 years and the city was slowly coming closer to the area. He stated the area did not need commercial uses and should remain as residential. 0 August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont. FILE NO.: Z-7698 Ms. Barbara Fletcher addressed the Commission in opposition of the proposed request. She stated the City limits were slowly encroaching into the area. She stated the area was primarily residential and should remain as residential. Chairman Rahman stated the request was to allow the existing uses to continue and after eighteen months the office use would return to a residential use. Chairman Rahman stated the beauty salon had been in the area for 25 plus years and was to remain. He stated the uses being requested were no different than the uses of the site as they existed today. The applicant stated the adoption agency did have limited customer traffic. He stated on occasion there were one to two clients that would come to the site. He stated there was to be no construction on the site. Staff requested the applicant revoke the PD -C zoning after the lease expired for the adoption agency. The applicant stated this was acceptable and after the lease agreement expired they would request the PD -C zoning be revoked on the site. Staff noted the beauty salon would be able to continue to .operate as a non -conforming use. The other structures would become residential. There was no further discussion of the item. A motion was made to approve the proposed request as amended. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 7 August 26, 2004 ITEM NO.: NAME: Kathy's Long -form PD -C LOCATION: Located at 13810 Colonel Glenn Road DEVELOPER: Katherine and William McMurry 13810 Colonel Glenn Road Little Rock, AR 72210 FNGINFFR- The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 FILE NO.: Z-7698 AREA: 6.3 Acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family and a non -conforming beauty salon PROPOSED ZONING: PD -C PROPOSED USE: Single-family, beauty salon and office VARIANCESIWAIVERS REQUESTED: A waiver of Master Street Plan improvements to Colonel Glenn Road. A. PROPOSAUREQUEST: The site is located on the north side of Colonel Glenn Road, west of 1-430 approximately 1.5 miles and contains 6.3 acres. The site is located in an area of relatively large rural tracts of undeveloped wooded land and farms, with some single-family residences in the area. The abutting property is lightly wooded and undeveloped. The requested PCD zoning will not change the use of the property. Its present uses are a beauty salon in one building that has been in operation approximately twenty-five years, a quiet office (general and professional) in the second August 26, 2004 SUBDIVISION ITEM NO.: 25 FILE NO.: Z-7698 structure and the applicant's residence in the remaining larger portion of the property. The requested PCD zoning is for the indicated non-residential uses with single-family as alternative uses for each of the structures. The buildings are served by two paved driveways from Colonel Glenn Road and a paved parking area for the beauty salon. All buildings have adequate setbacks from the property line and each other to satisfy planning criteria. The beauty salon has two stations, a nail station and a tanning area and provides for handicapped parking. A Central Arkansas Water fire hydrant is located within one hundred feet of the property. The property is served by septic systems, electricity, gas and water from Central Arkansas Water. The granting of the PCD and allowing the continuation of the present uses on the property produces no adverse impact or changes to adjoining landowners or the area as a whole. To the contrary, it will allow the property to continue to provide useful, desirable services to the area. The applicant is also proposing a three lot plat as a part of the request. The applicant has indicated two of the lots will contain non-residential uses with the third remaining zoned R-2, Single-family and containing the applicant's residence. B. EXISTING CONDITIONS: The site contains three single-family structures, one being used as a home and the other two as non-residential uses. Kathy's Beauty Salon has been operation from one of the structures for several years. The second structure is a newer located along the eastern property line and is currently being used as an office. This use is a violation of the City's Zoning Ordinance and is currently under enforcement. The area is predominately single-family homes on acreage and pasture areas. Colonel Glenn Road is a two lane roadway with open ditches for drainage. Just west of this site is a large curve. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 -feet of the site and all residents located within 300 -feet of the site who could be identified were notified of the public hearing. There is not an active neighborhood association located within the area. As of this writing staff has received several informational phone calls from area residents. D. ENGINEERING COMMENTS: ublic Works: 2 August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont. LE NO.: Z-7698 1. Colonel Glenn is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 -feet from centerline will be required (as shown on the plat). 2. Provide design of street conforming to the Master Street Plan. Construct one- half street improvement including a 5 -foot sidewalk with the planned development. If construction is not completed prior to final platting, a Board deferral or waiver would be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide an approval letter from the Pulaski County Sanitarian concerning the proposed septic system. Entergy: Approved as submitted. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: Any existing water meters that are residential should be changed to commercial for existing or proposed businesses. Due to use as a beauty Shop, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service for that facility. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding fire hydrant requirements and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Should be platted to allow the rear lot to have a minimum of 20 -feet of frontage on public right-of-way in order to retain water service. The meter must be relocated to the area that has frontage on the right-of-way if it is not currently at that location. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: Colonel Glenn is a Class IV roadway, which requires an 80 -foot minimum right-of-way. Existing right-of-way is not noted on the plat. CATA: No comment received. 3 August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont.) FILE NO.: Z-7698 F. ISSUES/TECHNICAUDESIGN: Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for an adoption agency and a one -chair beauty salon in separate buildings. With the reversion of this property to single family with the sale of the property or business operations cease, this will not have a significant impact on the Future Land Use plan and no amendment is required at this time. Master Street Plan: Colonel Glenn Road is shown as a Minor Arterial on the Master Street Plan and this street may require dedication of right-of-way and street improvements. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area. 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: No comment. G. SUBDIVISION COMMITTEE COMMENT: (August 5, 2004) The applicant was present representing the request. Staff presented an overview of the proposed request indicating the request was in response to an enforcement action. Staff stated the site contained a beauty salon and two single-family structures one of which was being used as an adoption agency. Staff stated the applicant was requesting a Planned Commercial Development and the creation of a three lot plat to allow the three uses to be located on individual lots. Staff noted all three structures could be used as single-family homes at some point in the future. Staff questioned if the request was for the sole use of the existing users or if additional uses and/or users were being request. Mr. McMurry stated the use was solely for the adoption agency and his wife's salon. Staff also requested the applicant provide a pipe -stem lot for the rear lots to allow all utilities to be located on the applicant's property. Mr. Holloway stated this would not be a problem. Staff questioned if there would be a dumpster located on the site. Mr. McMurry stated there would not be a dumpster on the site. He also stated the request included one additional stylist at the salon and the office use for approximately 2 August 26, 2004 SUBDIVISION ITEM NO_: 25 (Cont. FILE NO.: Z-7698 six employees. He stated the intent was to not change the residential characteristics of the structures and at some point in the future return the use to single-family. Public Works comments were addressed. Staff stated per the Master Street Plan street improvements would be required along the property frontage. Staff noted a five deferral would be supported by staff but for commercial development a waiver was not typically supported. Staff noted there were no landscaping issues related to the proposed development. Staff stated since there were no new paved areas being added and the intent was to maintain the residential character of the structures no new landscaping would be required at this time. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the August 5, 2004 Subdivision Committee meeting. The applicant has indicated the use of the site solely for the existing uses. The applicant has indicated there would be the addition of one employee for the beauty salon and the adoption agency currently has six employees. The applicant has indicated the days and hours of operation are six days per week from 8:00 am to 5:00 pm. There is an existing sign located on the lot proposed as the beauty salon, which is six feet in height and 20 square feet in area. The signage is consistent with signage allowed in office zones. The applicant has indicated no signage will be added to the proposed lot housing the office use. The site plan indicates there is to be no dumpsters located on the site and no new fencing is proposed. The applicant has indicated the uses are not intense uses and generate garbage similar to a single-family home. The applicant is requesting a waiver of street improvements to Colonel Glenn Road. The applicant has indicated since the site will not remain as non- residential uses a waiver is being sought. Staff is supportive of the applicant's request. The office use has a limited lease agreement which would leave the beauty salon as the non-residential uses. The salon has been in existence for several years and staff feels the waiver appropriate since the uses will revert to single-family at some point in the future. Staff is supportive of the applicant's request. The applicant is requesting a PD -C to allow the uses of the site to continue and to allow the creation of a three lot 5 August 26, 2004 SUBDIVISION ITEM NO.: 25 (Cont.) FILE NO.: Z-7698 plat. There are three structures located on the site, which will revert to single- family uses when the current lease of the office use expires and the current owner decides to no longer operate a beauty shop on the site. Staff feels the creation of the plat appropriate to allow the owner to sell one or all the structures if desired in the future. The beauty salon has operated on the site for twenty plus years. The adoption agency has no customer traffic and a limited number of employees. Staff feels with there being no customer traffic to the office site this should limit the impact on adjoining properties. In addition staff feels since the use is limit to the current lease agreement after which the site will return to single-family staff feels the impacts should be minimal. The applicant is not proposing any structural modifications or exterior modifications, which would change the character of the site. To staff's knowledge there are no outstanding issues associated with the proposed request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends the office use on proposed Lot 2 be limited to the current user and to the current lease agreement. After the lease agreement expires the site will be returned to single-family use. Staff recommends the beauty salon on proposed Lot 1 be limited to the ownership of the applicant and not be transferable to any other owner. PLANNING COMMISSION ACTION: (AUGUST 26, 2004) The applicant was present representing the request. There were registered objectors present. Staff stated the request was a rezoning of the site to allow an existing beauty salon to operate on the western most lot and an adoption agency on the eastern most lot. Staff stated the proposal included a three lot plat with one of the lots requiring a variance to allow a pipe stem lot. Staff presented a recommendation the office use on proposed Lot 2 be limited to the current user and to the current lease agreement and after the lease agreement expired the site would return to a single-family use. Staff recommended the beauty salon on proposed Lot 1 be limited to the ownership of the applicant and not be transferable to any other owner. Mr. Tony Fletcher spoke in opposition of the proposed request. He stated the area was primarily agriculture and single-family homes. Mr. Fletcher stated he had lived in the area for 25 years and the city was slowly coming closer to the area. He stated the area did not need commercial uses and should remain as residential. C. August 26, 2004 SUBDIVISION ITEM NO.: 25 {Cont_ FILE NO.: Z - Ms. Barbara Fletcher addressed the Commission in opposition of the proposed request. She stated the City limits were slowly encroaching into the area. She stated the area was primarily residential and should remain as residential. Chairman Rahman stated the request was to allow the existing uses to continue and after eighteen months the office use would return to a residential use. Chairman Rahman stated the beauty salon had been in the area for 25 plus years and was to remain. He stated the uses being requested were no different than the uses of the site as they existed today. The applicant stated the adoption agency did have limited customer traffic. He stated on occasion there were one to two clients that would come to the site. He stated there was to be no construction on the site. Staff requested the applicant revoke the PD -C zoning after the lease expired for the adoption agency. The applicant stated this was acceptable and after the lease agreement expired they would request the PD -C zoning be revoked on the site. Staff noted the beauty salon would be able to continue to ,operate as a non -conforming use. The other structures would become residential. There was no further discussion of the item. A motion was made to approve the proposed request as amended. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. 7 FILE NO.: Z-7698 NAME: Kathy's Long -form PD -C LOCATION: Located at 13810 Colonel Glenn Road DEVELOPER: Katherine and William McMurry 13810 Colonel Glenn Road Little Rock, AR 72210 FNr,INFFR- The Holloway Firm, Inc. 200 Casey Drive Maumelle, AR 72113 AREA: 6.3 Acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING: PROPOSED USE NUMBER OF LOTS: 3 R-2, Single-family FT_ NEW STREET: 0 Single-family and a non -conforming beauty salon P D -C Single-family, beauty salon and office VARIANCES/WAIVERS REQUESTED: A waiver of Master Street Plan improvements to Colonel Glenn Road. A. PROPOSAUREQUEST: The site is located on the north side of Colonel Glenn Road, west of 1-430 approximately 1.5 miles and contains 6.3 acres. The site is located in an area of relatively large rural tracts of undeveloped wooded land and farms, with some single-family residences in the area. The abutting property is lightly wooded and undeveloped. FILE NO.: Z-7698 (Cont.) The requested PCD zoning will not change the use of the property. Its present uses are a beauty salon in one building that has been in operation approximately twenty-five years, a quiet office (general and professional) in the second structure and the applicant's residence in the remaining larger portion of the property. The requested PCD zoning is for the indicated non-residential uses with single-family as alternative uses for each of the structures. The buildings are served by two paved driveways from Colonel Glenn Road and a paved parking area for the beauty salon. All buildings have adequate setbacks from the property line and each other to satisfy planning criteria. The beauty salon has two stations, a nail station and a tanning area and provides for handicapped parking. A Central Arkansas Water fire hydrant is located within one hundred feet of the property. The property is served by septic systems, electricity, gas and water from Central Arkansas Water. The granting of the PCD and allowing the continuation of the present uses on the property produces no adverse impact or changes to adjoining landowners or the area as a whole. To the contrary, it will allow the property to continue to provide useful, desirable services to the area. The applicant is also proposing a three lot plat as a part of the request. The applicant has indicated two of the lots will contain non-residential uses with the third remaining zoned R-2, Single-family and containing the applicant's residence. B. EXISTING CONDITIONS: The site contains three single-family structures, one being used as a home and the other two as non-residential uses. Kathy's Beauty Salon has been operation from one of the structures for several years. The second structure is a newer located along the eastern property line and is currently being used as an office. This use is a violation of the City's Zoning Ordinance and is currently under enforcement. The area is predominately single-family homes on acreage and pasture areas. Colonel Glenn Road is a two lane roadway with open ditches for drainage. Just west of this site is a large curve. C. NEIGHBORHOOD COMMENTS: All owners of property located within 200 -feet of the site and all residents located within 300 -feet of the site who could be identified were notified of the public hearing. There is not an active neighborhood association located within the area. As of this writing staff has received several informational phone calls from area residents. 2 FILE NO.: Z-7698 Cont. D. ENGINEERING COMMENTS: Public Works: 1. Colonel Glenn is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 -feet from centerline will be required (as shown on the plat). 2. Provide design of street conforming to the Master Street Plan. Construct one- half street improvement including a 5 -foot sidewalk with the planned development. If construction is not completed prior to final platting, a Board deferral or waiver would be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide an approval letter from the Pulaski County Sanitarian concerning the proposed septic system. Entergy: Approved as submitted. Center -Point Energy: Approved as submitted. SBC: No comment received. Central Arkansas Water: Any existing water meters that are residential should be changed to commercial for existing or proposed businesses. Due to use as a beauty Shop, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) is required on the domestic water service for that facility. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Additional fire hydrant(s) may be required. Contact the Fire Department having jurisdiction to obtain information regarding fire hydrant requirements and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Should be platted to allow the rear lot to have a minimum of 20 -feet of frontage on public right-of-way in order to retain water service. The meter must be relocated to the area that has frontage on the right-of-way if it is not currently at that location. Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3752 for additional information. County Planning: Colonel Glenn is a Class IV roadway, which requires an 80 -foot minimum right-of-way. Existing right-of-way is not noted on the plat. 3 FILE NO.: Z-7698 Cont. CATA: No comment received. F. ISSUES/TECHNICAL/DESIGN: G. Planning Division: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Commercial Development for an adoption agency and a one -chair beauty salon in separate buildings. With the reversion of this property to single family with the sale of the property or business operations cease, this will not have a significant impact on the Future Land Use plan and no amendment is required at this time. Master Street Plan: Colonel Glenn Road is shown as a Minor Arterial on the Master Street Plan and this street may require dedication of right-of-way and street improvements. A Minor Arterial provides connections to and though an urban area and their primary function are to provide short distance travel within the urbanized area. 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: No comment. SUBDIVISION COMMITTEE COMMENT: (August 5, 2004) The applicant was present representing the request. Staff presented an overview of the proposed request indicating the request was in response to an enforcement action. Staff stated the site contained a beauty salon and two single-family structures one of which was being used as an adoption agency. Staff stated the applicant was requesting a Planned Commercial Development and the creation of a three lot plat to allow the three uses to be located on individual lots. Staff noted all three structures could be used as single-family homes at some point in the future. Staff questioned if the request was for the sole use of the existing users or if additional uses and/or users were being request. Mr. McMurry stated the use was solely for the adoption agency and his wife's salon. Staff also requested the applicant provide a pipe -stem lot for the rear lots to allow all utilities to be located on the applicant's property. Mr. Holloway stated this would not be a problem. Staff questioned if there would be a dumpster located on the site. Mr. McMurry stated there would not be a dumpster on the site. He also stated the request included one additional stylist at the salon and the office use for approximately six employees. He stated the intent was to not change the residential characteristics of the structures and at some point in the future return the use to single-family. FILE NO.: Z-7698 Cont. Public Works comments were addressed. Staff stated per the Master Street Plan street improvements would be required along the property frontage. Staff noted a five deferral would be supported by staff but for commercial development a waiver was not typically supported. Staff noted there were no landscaping issues related to the proposed development. Staff stated since there were no new paved areas being added and the intent was to maintain the residential character of the structures no new landscaping would be required at this time. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the August 5, 2004 Subdivision Committee meeting. The applicant has indicated the use of the site solely for the existing uses. The applicant has indicated there would be the addition of one employee for the beauty salon and the adoption agency currently has six employees. The applicant has indicated the days and hours of operation are six days per week from 8:00 am to 5:00 pm. There is an existing sign located on the lot proposed as the beauty salon, which is six feet in height and 20 square feet in area. The signage is consistent with signage allowed in office zones. The applicant has indicated no signage will be added to the proposed lot housing the office use. The site plan indicates there is to be no dumpsters located on the site and no new fencing is proposed. The applicant has indicated the uses are not intense uses and generate garbage similar to a single-family home. The applicant is requesting a waiver of street improvements to Colonel Glenn Road. The applicant has indicated since the site will not remain as non- residential uses a waiver is being sought. Staff is supportive of the applicant's request. The office use has a limited lease agreement which would leave the beauty salon as the non-residential usE,'& The salon has been in existence for several years and staff feels the waiver appropriate since the uses will revert to single-family at some point in the future. Staff is supportive of the applicant's request. The applicant is requesting a PD -C to allow the uses of the site to continue and to allow the creation of a three lot plat. There are three structures located on the site, which will revert to single- family uses when the current lease of the office use expires and the current owner decides to no longer operate a beauty shop on the site. Staff feels the creation of the plat appropriate to allow the owner to sell one or all the structures if desired in the future. 5 FILE NO.: Z-7698 Cont. The beauty salon has operated on the site for twenty plus years. The adoption agency has no customer traffic and a limited number of employees. Staff feels with there being no customer traffic to the office site this should limit the impact on adjoining properties. In addition staff feels since the use is limit to the current lease agreement after which the site will return to single-family staff feels the impacts should be minimal. The applicant is not proposing any structural modifications or exterior modifications, which would change the character of the site. To staff's knowledge there are no outstanding issues associated with the proposed request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report. Staff recommends the office use on proposed Lot 2 be limited to the current user and to the current lease agreement. After the lease agreement expires the site will be returned to single-family use. Staff recommends the beauty salon on proposed Lot 1 be limited to the ownership of the applicant and not be transferable to any other owner. PLANNING COMMISSION ACTION: (AUGUST 26, 2004) The applicant was present representing the request. There were registered objectors present. Staff stated the request was a rezoning of the site to allow an existing beauty salon to operate on the western most lot and an adoption agency on the eastern most lot. Staff stated the proposal included a three lot plat with one of the lots requiring a variance to allow a pipe stem lot. Staff presented a recommendation the office use on proposed Lot 2 be limited to the current user and to the current lease agreement and after the lease agreement expired the site would return to a single-family use. Staff recommended the beauty salon on proposed Lot 1 be limited to the ownership of the applicant and not be transferable to any other owner. Mr. Tony Fletcher spoke in opposition of the proposed request. He stated the area was primarily agriculture and single-family homes. Mr. Fletcher stated he had lived in the area for 25 years and the city was slowly coming closer to the area. He stated the area did not need commercial uses and should remain as residential. Ms. Barbara Fletcher addressed the Commission in opposition of the proposed request. She stated the City limits were slowly encroaching into the area. She stated the area was primarily residential and should remain as residential. 0 FILE NO.: Z-7698 Cont. Chairman Rahman stated the request was to allow the existing uses to continue and after eighteen months the office use would return to a residential use. Chairman Rahman stated the beauty salon had been in the area for 25 plus years and was to remain. He stated the uses being requested were no different than the uses of the site as they existed today. The applicant stated the adoption agency did have limited customer traffic. He stated on occasion there were one to two clients that would come to the site. He stated there was to be no construction on the site. Staff requested the applicant revoke the PD -C zoning after the lease expired for the adoption agency. The applicant stated this was acceptable and after the lease agreement expired they would request the PD -C zoning be revoked on the site. Staff noted, the beauty salon would be able to continue to operate as a non -conforming use. The other structures would become residential. There was no further discussion of the item. A motion was made to approve the proposed request as amended. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. F