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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