HomeMy WebLinkAboutZ-7787 Staff AnalysisFILE NO.: Z-7787
NAME: Skyhawk Circle Long -form PD -C
LOCATION: Located at 4500 Skyhawk Circle
DEVELOPER:
Brian Jirel
4500 Skyhawk Circle
Little Rock, AR
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 6.78 acres
CURRENT ZONING:
ALLOWED USES:
PROPOSED ZONING:
PROPOSED USE
NUMBER OF LOTS: 1
R-2, Single-family
Single-family residential
P D -C
FT. NEW STREET: 0 LF
Single-family and cabinet shop
VARIANCESM/AIVERS REQUESTED: None requested.
A. PROPOSAUREQUEST:
The applicant is requesting a rezoning of the site located at 4500 Skyhawk Circle
to allow an existing 40 foot by 60 foot metal building to be used as a cabinet
shop. The applicant has indicated the shop/garage is a beige metal building with
four roll -up doors and three walk through doors. The applicant has indicated the
building is very compatible with the neighborhood, as several of the residents
have the same shop and the same steel manufacturer construct the buildings.
The applicant has also indicated their home is located on the site and is
approximately one and a half years old. The cover letter states the home is a
brick, four bedrooms, and three -car garage home.
FILE NO.: Z-7787 (Cont.
C
The applicant indicated the garage/shop was constructed for him to build
cabinets for his spouse's construction contracting business. He states she builds
three to five houses per year. The applicant states at the time of cabinet
construction, the lumber company delivers cabinet material in a panel truck to the
site. He further states when the cabinets are delivered to the job site, a sixteen -
foot flat bed trailer is used. The applicant states rarely is UPS or Federal
Express used for deliveries. The applicant states the shop is also used as a
hobby shop.
The applicanfs cover letter states he maintains the roadway and has gravel
spread on the road to avoid any potholes, as it is the same road leading to his
residence. The hours of operation are from 8:00 am to 5:00 pm Monday through
Friday. The applicant states the shop is utilized between ten and fifty percent of
the time. He stated it is not uncommon to not be in the shop, but in the field
since his business is trim work and remodeling.
The property is outside the City limits but within the City's Extraterritorial Planning
Jurisdiction.
EXISTING CONDITIONS:
The site contains an existing metal building and a single-family residence. The
site is heavily wooded with the exception of the developed area. The driveway is
a narrow drive gravel drive extending from an also narrow access easement.
The area is developing with single-family homes on large tracts of five plus acres.
NEIGHBORHOOD COMMENTS:
All owners of property located within
could be identified, located within 30
hearing. As of this writing staff has
from area residents. There is not an
the area.
ENGINEERING COMMENTS:
200 feet of the site and all residents, who
I feet of the site were notified of the public
received several informational phone calls
active neighborhood association located in
1. Existing access to the site is through a one -lane gravel lane and a one lane
wooded bridge, which would not provide standard commercial access.
2. The site is located outside the limits of a detailed flood study.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside the service boundary. No comment.
Entergy: A 10 -foot under ground utility easement is required or a 30 -foot
overhead facility easement is required. Contact Entergy at 954-5158 for
additional information.
2
FILE NO.: Z-7787 Cont.
Center -Point Energy: Approved as submitted.
SBC: No comment received.
Central Arkansas Water: Central Arkansas Water does not provide water service
to this area.
Fire Department: Place fire hydrants per code. The drive must maintain a
20 -foot width. Contact the Little Rock Fire Department at 918-3700 for additional
information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Buzzard Mountain Planning
District. The Land Use Plan shows Single Family for this property. The applicant
has applied for a PCD (Planned Commercial Development) to make cabinets in
an existing outbuilding on the property.
The proposal is in a rurally developed area of the Extraterritorial Planning Area
and does not have a significant impact on the Land Use Plan. Staff believes that
this particular application does not justify a Plan Amendment.
Master Street Plan: Skyhawk Circle is shown as a Local Road on the Master
Street Plan and will require dedication of right-of-way and may require street
improvements.
Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the
immediate vicinity of the development.
Citv Recognized Nei hborhood Action Plan: The property under review is not
located in an area covered by a City of Little Rock recognized neighborhood
action plan.
Landscape: Unless otherwise provided for, a 6 -foot high opaque screen, either
a wooden fence with its face side directed outward, a wall or dense evergreen
plantings, is required to help screen the business activity from the adjacent
residential zoned properties to the north, east and west. Credit toward fulfilling
this requirement can be given for existing trees and undergrowth, which is able to
satisfy this year -around requirement.
The City Beautiful Commission recommends preserving as many existing trees
as feasible on this tree -covered site. Extra credit toward fulfilling landscape
ordinance requirements can be given when properly preserving trees of six inch
caliper and larger.
41
FILE NO.: Z-7787 Cont.
G. SUBDIVISION COMMITTEE COMMENT: (February 10, 2005)
Mr. Tim Daters of White-Daters and Associates was present representing the
request. Staff stated the request was to allow the use of an existing metal
building as a cabinet shop for the sole purpose of making the applicants wife's
cabinets. Staff stated there were few outstanding issues associated with the
proposed request. Staff requested the applicant provide details of restroom
facilities. Mr. Daters stated there were no restrooms located in the facility.
Public Works comments were addressed. Staff stated the access to the site was
a narrow one -lane gravel lane with a one lane wood bridge. Staff stated the
access would not provide standard commercial access to the site.
County Planning noted there were no outstanding issues associated with the
request if there was not going to be sale of merchandise from the site.
Landscaping comments were addressed. Staff stated screening would be
required and since the site was heavily wooded this could meet the year around
screening requirement.
Staff noted comments from the various other reporting departments and
agencies indicating the applicant should contact them individually for further
clarification. 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 most of the issues
raised at the February 10, 2005, Subdivision Committee meeting. The applicant
has indicated the building does not contain a restroom facility nor is a restroom
facility proposed in the future. The applicant has also indicated there will not be
end user sales from the site.
The applicant has indicated the site will be utilized to construct custom cabinets
for his wife's business. He has stated his wife is a builder and constructs five new
homes per year. He has stated he does not construct cabinets for any other
business or person; only cabinets for his wife's new construction.
Staff is not supportive of the applicants request. The applicant is proposing a
commercial business in a predominately residential area. The area is shown as
Single Family on the CitVs Future Land Use Plan as is the area around the site.
There are several non -conforming uses located in the area all of which were
located in the area prior to the City's exercising Extraterritorial Planning
Jurisdiction. The area contains a scattering of metal buildings most of which are
used as storage or for hobbies. Staff feels the introduction of a commercial
business into the area would potentially negatively impact the current
development pattern in the area. The area is seeing new subdivisions "popping
4
FILE NO.: Z-7787 (Cont.
up' and homes being constructed on five plus acres. Staff is also concerned with
access to the site. The access is limited to a narrow one -lane bridge, which does
not lend its self to deliveries of materials or transporting the finished product from
the site. Staff feels the use is not appropriate for the site and the introduction of
a new commercial business to the area is not desirable. Staff feels the site
should be maintained as a residential lot without the commercial aspect of the
proposal.
STAFF RECOMMENDATION:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
Mr. Joe White of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff stated the applicant had submitted a
request dated March 2, 2005, requesting the item be deferred to the April 14, 2005,
Public Hearing. Staff stated the deferral would require a waiver of the Commission's By-
laws with regard to the time frame for the deferral request. Staff stated they were
supportive of the applicants requested deferral.
There was no further discussion of the item. A motion was made to waive the By-laws
with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes
and 1 absent. The Chair entertained a motion to place the item for inclusion on the
Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
PLANNING COMMISSION ACTION: (APRIL 14, 2005)
Mr. Tim Daters was present representing the request. There were registered objectors
present. Staff stated the applicant had amended the request to limit the use of the site
to a maximum of five cabinet sets per year and limit the deliveries to one delivery per
set of cabinets, to utilize the site between 8:00 am and 5:00 pm Monday through Friday,
there were no employees of the business, the applicant would make any repairs to the
existing bridge that resulted from his utilization of the bridge for the woodworking
business. Staff stated based on the new information they were now supportive of the
proposed request.
Mr. Tim Daters addressed the Commission on behalf of the applicant. Mr. Daters stated
the applicant was amending his application to include the conditions staff had stated
with regard to employees, days and hours of operation and the repair of the bridge
should the damage occur from the applicants business.
Ms. Karla Toombs addressed the Commission in opposition of the proposed request.
She stated currently the business generated a great deal of traffic both commercial and
5
FILE NO.: Z-7787 (Cont.
employee traffic. She stated with the business being located within a residential
neighborhood there was an increase in noise from the equipment and traffic. She
stated it was not uncommon to see six to ten vehicles parked around the shop area.
Mr. Ken Horton addressed the Commission in opposition of the proposed request. He
stated with the cabinet shop located on the site it was like having a convenience store in
the country. He stated his concern was the wear and tear on the bridge. He stated he
hand built the bridge and when constructing his home was very convenience of the
weight limits of the bridge. He stated when the applicants constructed their home they
were not and used concrete trucks not paying attention to their load limits.
Mr. Mike Grover addressed the Commission in opposition of the proposed request. He
stated the area was a quiet neighborhood and did not need the increased traffic from a
commercial business. He stated the applicants employees did not observe the speed
limits of the roadway and would travel in excessive speeds. He stated most of the
residents of the area had moved to the country to get away from commercial business.
He stated the area residents did not want the traffic and the noise of a commercial
business in their neighborhood.
Ms. Susan Sims addressed the Commission in opposition of the proposed request. She
stated the area was a residential neighborhood with most homes constructed on
five -acre plots. She stated the residents moved to the area to not have businesses
located adjacent to their homes.
Mr. Daters stated the applicant the applicant and his wife were both contractors and
both drove trucks. He stated most of their friends drove trucks. He stated the applicant
would keep track of deliveries to ensure the conditions were being complied with.
There was a question as to if Ms. Jirel was operating her business from the site. She
stated she did have an office in her home. The Commission questioned if employees
accessed the site. She stated very rarely. She stated occasionally if an employee was
not at the job site they would come to her home to pick up their pay.
There was a general discussion concerning the traffic to the site and the noise levels of
the business. Commissioner Rector questioned other metal buildings located in the
area. It was stated these buildings were used as hobby shops or storage buildings.
Commissioner Rector questioned Mr. Jirel as to when the building became operational
as a business and the number of cabinets he had constructed prior to this request. He
stated the building was constructed one and one-half years earlier and he had
constructed three sets of cabinets.
Mr. Jirel stated he was a woodworker both as a business and a hobby. He stated he
constructed items for family members and friends for special occasions.
There was a general discussion concerning the applicants ability to construct cabinets
with no employees. Mr. Jirel stated presently only one-person put the cabinets together
to ensure quality control.
FILE NO.: Z-7787 (Cont.
A motion was made to approve the request including the limits of no employees, limiting
the days and hours of operation and the applicants commitment to repair and damage
to the bridge resulting from the commercial business. The motion carried by a vote of
6 ayes, 5 noes 0 absent.
Irl
April 14, 2005
ITEM NO.: G
NAME: Skyhawk Circle Long -form PD -C
LOCATION: Located at 4500 Skyhawk Circle
DEVELOPER:
Brian Jirel
4500 Skyhawk Circle
Little Rock, AR
ENGINEER:
White Daters and Associates
24 Rahling Circle
Little Rock, AR 72223
AREA: 6.78 acres
CURRENT ZONING
LLOWED USES:
PROPOSED ZONING:
NUMBER OF LOTS: 1
R-2, Single-family
Single-family residential
PD -C
FILE NO.: Z-77
FT. NEW STREET: 0 LF
PROPOSED USE: Single-family and cabinet shop
VARIAN CESMAIVERS REQUESTED: None requested.
A. PROPOSAUREQUEST:
The applicant is requesting a rezoning of the site located at 4500 Skyhawk Circle
to allow an existing 40 foot by 60 foot metal building to be used as a cabinet
shop. The applicant has indicated the shop/garage is a beige metal building with
four roll -up doors and three walk through doors. The applicant has indicated the
building is very compatible with the neighborhood, as several of the residents
have the same shop and the same steel manufacturer construct the buildings.
The applicant has also indicated their home is located on the site and is
approximately one and a half years old. The cover letter states the home is a
brick, four bedrooms, and three -car garage home.
April 14, 2005
SUBDIVISION
ITEM NO.: G
FILE NO.: Z-7787
The applicant indicated the garage/shop was constructed for him to build
cabinets for his spouse's construction contracting business. He states she builds
three to five houses per year. The applicant states at the time of cabinet
construction, the lumber company delivers cabinet material in a panel truck to the
site. He further states when the cabinets are delivered to the job site, a sixteen -
foot flat bed trailer is used. The applicant states rarely is UPS or Federal
Express used for deliveries. The applicant states the shop is also used as a
hobby shop.
The applicant's cover letter states he maintains the roadway and has gravel
spread on the road to avoid any potholes, as it is the same road leading to his
residence. The hours of operation are from 8:00 am to 5:00 pm Monday through
Friday. The applicant states the shop is utilized between ten and fifty percent of
the time. He stated it is not uncommon to not be in the shop, but in the field
since his business is trim work and remodeling.
The property is outside the City limits but within the City's Extraterritorial Planning
Jurisdiction.
B. EXISTING CONDITIONS:
The site contains an existing metal building and a single-family residence. The
site is heavily wooded with the exception of the developed area. The driveway is
a narrow drive gravel drive extending from an also narrow access easement.
The area is developing with single-family homes on large tracts of five plus acres.
C. NEIGHBORHOOD COMMENTS:
All owners of property located within 200 feet of the site and all residents, who
could be identified, located within 300 feet of the site were notified of the public
hearing. As of this writing staff has received several informational phone calls
from area residents. There is not an active neighborhood association located in
the area.
D. ENGINEERING COMMENTS:
1. Existing access to the site is through a one -lane gravel lane and a one lane
wooded bridge, which would not provide standard commercial access.
2. The site is located outside the limits of a detailed flood study.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Outside the service boundary. No comment.
2
April 14, 2005
SUBDIVISION
ITEM NO.: G (Cont.
FILE NO.: Z-7787
Entergy: A 10 -foot under ground utility easement is required or a 30 -foot
overhead facility easement is required. Contact Entergy at 954-5158 for
additional information.
Center -Point Enerr y: Approved as submitted.
SBC: No comment received.
Central Arkansas Water: Central Arkansas Water does not provide water service
to this area.
Fire Department: Place fire hydrants per code. The drive must maintain a
20 -foot width. Contact the Little Rock Fire Department at 918-3700 for additional
information.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the Buzzard Mountain Planning
District. The Land Use Plan shows Single Family for this property. The applicant
has applied for a PCD (Planned Commercial Development) to make cabinets in
an existing outbuilding on the property.
The proposal is in a rurally developed area of the Extraterritorial Planning Area
and does not have a significant impact on the Land Use Plan. Staff believes that
this particular application does not justify a Plan Amendment.
Master Street Plan: Skyhawk Circle is shown as a Local Road on the Master
Street Plan and will require dedication of right-of-way and may require street
improvements.
Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the
immediate vicinity of the development.
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: Unless otherwise provided for, a 6 -foot high opaque screen, either
a wooden fence with its face side directed outward, a wall or dense evergreen
plantings, is required to help screen the business activity from the adjacent
residential zoned properties to the north, east and west. Credit toward fulfilling
3
April 14, 2005
SUBDIVISION
M NO.: G (C
FILE NO.: Z-7787
this requirement can be given for existing trees and undergrowth, which is able to
satisfy this year -around requirement.
The City Beautiful Commission recommends preserving as many existing trees
as feasible on this tree -covered site. Extra credit toward fulfilling landscape
ordinance requirements can be given when properly preserving trees of six inch
caliper and larger.
G. SUBDIVISION COMMITTEE COMMENT: (February 10, 2005)
Mr. Tim Daters of White-Daters and Associates was present representing the
request. Staff stated the request was to allow the use of an existing metal
building as a cabinet shop for the sole purpose of making the applicant's wife's
cabinets. Staff stated there were few outstanding issues associated with the
proposed request. Staff requested the applicant provide details of restroom
facilities. Mr. Daters stated there were no restrooms located in the facility.
Public Works comments were addressed. Staff stated the access to the site was
a narrow one -lane gravel lane with a one lane wood bridge. Staff stated the
access would not provide standard commercial access to the site.
County Planning noted there were no outstanding issues associated with the
request if there was not going to be sale of merchandise from the site.
Landscaping comments were addressed. Staff stated screening would be
required and since the site was heavily wooded this could meet the year around
screening requirement.
Staff noted comments from the various other reporting departments and
agencies indicating the applicant should contact them individually for further
clarification. 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 most of the issues
raised at the February 10, 2005, Subdivision Committee meeting. The applicant
has indicated the building does not contain a restroom facility nor is a restroom
facility proposed in the future. The applicant has also indicated there will not be
end user sales from the site.
The applicant has indicated the site will be utilized to construct custom cabinets
for his wife's business. He has stated his wife is a builder and constructs five
new homes per year. He has stated he does not construct cabinets for any other
business or person; only cabinets for his wife's new construction.
121
April 14, 2005
SUBDIVISION
ITEM NO.: G Cont. FILE NO.: Z-7787
Staff is not supportive of the applicant's request. The applicant is proposing a
commercial business in a predominately residential area. The area is shown as
Single Family on the City's Future Land Use Plan as is the area around the site.
There are several non -conforming uses located in the area all of which were
located in the area prior to the City's exercising Extraterritorial Planning
Jurisdiction. The area contains a scattering of metal buildings most of which are
used as storage or for hobbies. Staff feels the introduction of a commercial
business into the area would potentially negatively impact the current
development pattern in the area. The area is seeing new subdivisions "popping
up" and homes being constructed on five plus acres. Staff is also concerned with
access to the site. The access is limited to a narrow one -lane bridge, which does
not lend its self to deliveries of materials or transporting the finished product from
the site. Staff feels the use is not appropriate for the site and the introduction of
a new commercial business to the area is not desirable. Staff feels the site
should be maintained as a residential lot without the commercial aspect of the
proposal.
STAFF RECOMMENDATION:
Staff recommends denial of the request as filed.
PLANNING COMMISSION ACTION: (MARCH 3, 2005)
Mr. Joe White of White-Daters and Associates was present representing the request.
There were no registered objectors present. Staff stated the applicant had submitted a
request dated March 2, 2005, requesting the item be deferred to the April 14, 2005,
Public Hearing. Staff stated the deferral would require a waiver of the Commission's
By-laws with regard to the time frame for the deferral request. Staff stated they were
supportive of the applicant's requested deferral.
There was no further discussion of the item. A motion was made to waive the By-laws
with regard to the late deferral request. The motion carried by a vote of 10 ayes, 0 noes
and 1 absent. The Chair entertained a motion to place the item for inclusion on the
Consent Agenda for Deferral. The motion carried by a vote of 10 ayes, 0 noes and
1 absent.
PLANNING COMMISSION ACTION: (APRIL 14, 2005)
Mr. Tim Daters was present representing the request. There were registered objectors
present. Staff stated the applicant had amended the request to limit the use of the site
to a maximum of five cabinet sets per year and limit the deliveries to one delivery per
set of cabinets, to utilize the site between 8:00 am and 5:00 pm Monday through Friday,
April 14, 2005
SUBDIVISION
ITEM NO.: -G (Cont.) FILE NO.: Z-7787
there were no employees of the business, the applicant would make any repairs to the
existing bridge that resulted from his utilization of the bridge for the woodworking
business. Staff stated based on the new information they were now supportive of the
proposed request.
Mr. Tim Daters addressed the Commission on behalf of the applicant. Mr. Daters stated
the applicant was amending his application to include the conditions staff had stated
with regard to employees, days and hours of operation and the repair of the bridge
should the damage occur from the applicant's business.
Ms. Karla Toombs addressed the Commission in opposition of the proposed request.
She stated currently the business generated a great deal of traffic both commercial and
employee traffic. She stated with the business being located within a residential
neighborhood there was an increase in noise from the equipment and traffic. She
stated it was not uncommon to see six to ten vehicles parked around the shop area.
Mr. Ken Horton addressed the Commission in opposition of the proposed request. He
stated with the cabinet shop located on the site it was like having a convenience store in
the country. He stated his concern was the wear and tear on the bridge. He stated he
hand built the bridge and when constructing his home was very convenience of the
weight limits of the bridge. He stated when the applicant's constructed their home they
were not and used concrete trucks not paying attention to their load limits.
Mr. Mike Grover addressed the Commission in opposition of the proposed request. He
stated the area was a quiet neighborhood and did not need the increased traffic from a
commercial business. He stated the applicant's employees did not observe the speed
limits of the roadway and would travel in excessive speeds. He stated most of the
residents of the area had moved to the country to get away from commercial business.
He stated the area residents did not want the traffic and the noise of a commercial
business in their neighborhood.
Ms. Susan Sims addressed the Commission in opposition of the proposed request. She
stated the area was a residential neighborhood with most homes constructed on
five -acre plots. She stated the residents moved to the area to not have businesses
located adjacent to their homes.
Mr. Daters stated the applicant the applicant and his wife were both contractors and
both drove trucks. He stated most of their friends drove trucks. He stated the applicant
would keep track of deliveries to ensure the conditions were being complied with.
There was a question as to if Ms. Jirel was operating her business from the site. She
stated she did have an office in her home. The Commission questioned if employees
accessed the site. She stated very rarely. She stated occasionally if an employee was
not at the job site they would come to her home to pick up their pay.
9
April 14, 2005
SUBDIVISION
ITEM NO_: G
FILE NO.: Z-7787
There was a general discussion concerning the traffic to the site and the noise levels of
the business. Commissioner Rector questioned other metal buildings located in the
area. It was stated these buildings were used as hobby shops or storage buildings.
Commissioner Rector questioned Mr. Jirel as to when the building became operational
as a business and the number of cabinets he had constructed prior to this request. He
stated the building was constructed one and one-half years earlier and he had
constructed three sets of cabinets.
Mr. Jirel stated he was a woodworker both as a business and a hobby. He stated he
constructed items for family members and friends for special occasions.
There was a general discussion concerning the applicant's ability to construct cabinets
with no employees. Mr. Jirel stated presently only one-person put the cabinets together
to ensure quality control.
A motion was made to approve the request including the limits of no employees, limiting
the days and hours of operation and the applicant's commitment to repair and damage
to the bridge resulting from the commercial business. The motion carried by a vote of
6 ayes, 5 noes 0 absent.
7