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HomeMy WebLinkAboutZ-7880-A Staff AnalysisJanuary 5, 2006 ITEM NO.: 10.1 FILE NO.: Z -7880-A NAME: McFatrich Short -form PCD LOCATION: On the Southwest corner of Highway 10 and Norton Road DEVELOPER: David McFatrich 4 Norton Road Little Rock, AR 72223 ENGINEER: Laha Engineers 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 3.338 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING PROPOSED USE NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF R-2, Single-family Single-family residential PCD C-3, General Commercial District uses VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: There is currently a rezoning request for a larger area, which includes this site to change the zoning classification from R-2, Single-family to C-3, General Commercial District. At the request of the applicant, the Commission deferred the rezoning request at their October 13, 2005, Public Hearing to the January 19, 2006, Public Hearing. A. PROPOSAUREQUEST: The applicant is now proposing a rezoning of the site from R-2, Single-family to PCD to allow the site to develop with a 19,200 square foot strip center with C-3, General Commercial District uses as allowable uses for the site. The applicant has property frontage along Highway 10 in two locations with an out parcel not January 5, 2006 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z -7880-A being included in the rezoning request. The site plan includes the placement of a 100 -foot building setback along Highway 10, a 30 -foot building setback along the western property line and a 40 -foot rear yard setback. The site plan includes buffering as required by the Highway 10 Design Overlay District around the perimeter of the site. The site is located outside the City limits of Little Rock but within the City's Extraterritorial Planning Jurisdiction. The site abuts the City limits and the applicant has indicated annexation into the City will be sought to allow connection to the City of Little Rock's wastewater utility system. According to the applicant there is not a Bill of Assurance in effect for the site. B. EXISTING CONDITIONS: The site contains a single-family home accessed from Norton Road. There are single-family homes to the south located along Norton Road located on large tracts. To the east of the site is a day care facility zoned PD -0 and residential uses. To the west of the site is the Maywood Subdivision with single-family homes developed on larger lots. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200 -feet of the site along with the Aberdeen Court Property Owners Association, the Bayonne Place Property Owners Association, the Johnson Ranch Neighborhood Association, the Margeaux Property Owners Association and the Maywood Manor Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. The proposed land use would classify Norton Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide design of the street conforming to the Master Street Plan. Construct one-half street improvements to the street including 5 -foot sidewalks with the planned development. Back of curb on Norton Road must be constructed 15.5 feet from centerline. 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The property must have a single driveway access. The southern driveway is less than 125 feet from property line as required by City ordinance. The width of driveway must not exceed 36 feet and shall be a concrete apron. K January 5, 2006 SUBDIVISION ITEM NO.: 10.1 (Cont. FILE NO.: Z -7880-A 4. A Sketch Grading and Drainage Plan will be required per Section 29-186 (e). Provide hydraulic calculations of proposed box culvert. 5. Remove the western existing driveway. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 7. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. If the development proposes connection to the City of Little Rock's Wastewater Utility for sewer service the property must be annexed into the City Limits of the City of Little Rock. If the development proposes a septic system for treatment of the development's wastewater provide a letter from the Arkansas Department of Health or State authorized reviewing agency for the approval of the proposed wastewater collection and treatment system. Entergy: No comment received. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Approval of the City of Little Rock is required prior to water service. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. 3 January 5, 2006 SUBDIVISION ITEM NO.: 10.1 _(Cont.) FILE NO.: Z -7880-A County Planning: 1. Provide the source of title before the instrument number on the proposed preliminary plat. 2. Provide the correct year in the date of the survey. 3. Provide contours for the site. 4. Provide the source of water supply and the means of wastewater disposal for the site. 5. Provide verification of service from the appropriate fire district. 6. Provide a copy of the development's approved ADEQ Storm water permit and copies of any other permits required for the relocation of the on-site stream. CATA: The site is located on CATA Bus Route #25 —the Highway 10 Express Route. F. ISSUES/TECHNICAUDESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a PCD for commercial shopping center. A land use plan amendment for a change to Commercial is a separate item on this agenda (LU05-19-03). Master Street Plan: Highway 10 is shown as Principal Arterial on the plan. Principal Arterials function to move vehicles and goods in and through the City, long distances. They are not intended to provide access to adjoining properties. There may be a requirement for additional right-of-way or street improvements. Bicycle Plan: The Master Street Plan, Bike Plan, shows a Class II bicycle route along Highway 10 in front of this site. Class II Bike Routes have a dedicated portion of the paved roadway for the sole use of bicycles. Historic Districts: There are no city recognized historic districts that would be affected by this amendment. 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: Compliance with the City's Landscape and Buffer Ordinances, and the Highway 10 Design Overlay is required. The proposed parking areas do not provide for the eight percent (2,740 square feet) interior landscaping required. The plan submitted is 2,010 square feet less than this requirement. A variance from this standard would require City Beautiful Commission approval. 4 January 5, 2006 SUBDIVISION ITEM NO.: 10.1 Cont. FILE NO.: Z -7880-A The proposed use of area shown undeveloped but paved is unclear; therefore, whether it meets the minimal landscaping and buffer ordinances is unclear. However, the remainder of the site appears to meet the buffer and landscaping minimal code requirements. A controlled automatic irrigation system is required. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree -covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. A six foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen planting, is also required along this southern and western property lines next to the residentially zoned property. G. SUBDIVISION COMMITTEE COMMENT: (December 8, 2005) The applicant was present representing the request. Staff presented an overview of the proposed request indicating there were additional items necessary to complete the review process. Staff requested the applicant provide the zoning classification of the proposed uses for the site. Staff also requested the applicant provide any screening to be provided to protect the adjoining single-family homes. Staff questioned if there would be limits placed on the dumpster service. Staff noted the dumpster were located adjacent to single-family homes. Public Works comments were addressed. Staff stated Norton Road would be classified on the Master Street Plan, as a commercial street therefore a dedication of right-of-way 30 -feet from centerline would be required. Staff also stated the indicated driveway locations did not meet traffic access and circulation requirements of Section 30-43 and 31-210 of the Little Rock Code of Ordinances. Staff stated a grading permit would be required prior to any land clearing of the site. Staff also stated if one or more acres were disturbed the storm water detention ordinance would apply to the development. Landscaping comments were addressed. Staff questioned the areas located adjacent to Cantrell Road and requested the applicant better clarify the limits of paving for the site. Staff also stated compliance with the City's landscape and buffer ordinances would be required. Staff stated an automatic irrigation system would be required and prior to the issuance of a building permit it would be l•1 January 5, 2006 SUBDIVISION ITEM NO.: 10.1 Cont. FILE NO.: Z -7880-A necessary to provide landscape plans stamped with the seal of a registered landscape architect. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional 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 December 8, 2005, Subdivision Committee meeting. The applicant has not provided staff with the requested information related to the hydraulic calculations for the proposed box culvert. The applicant has indicated the zoning classification for the proposed uses of the development. The proposed uses are the allowable uses in the C-3, General Commercial District Zoning District. The applicant has also indicated an opaque screen will be added to the southern and eastern perimeters to screen the adjoining single-family properties. The applicant has indicated limits will be placed on the hours of service of the indicated dumpsters. The hours of service are indicated as 7:00 am to 9:00 pm daily. The days and hours of operation of the commercial activity is being proposed as 6:00 am to 10:00 pm seven days per week. The applicant has indicated a dedication of right-of-way for Norton Road to 30 -feet from the centerline as required by the Master Street Plan. The revised site plan also indicates the removal of the existing driveway along Highway 10. The driveways along Norton Road have not been redesigned to meet the requirements of Sections 30-43 and 31-210. The applicant has indicated the rear service drive is critical to the circulation of the site related to deliveries. The applicant has indicated the drive as a one-way drive exiting to Norton Road along the southern side of the building. The site plan includes the placement of a forty -foot landscape area along Cantrell Road, exclusive of the right-of-way. Within the landscaped area trees will be planted or be existing at least every twenty feet and have a minimum of two inches in diameter when measured twelve inches from the ground at the time of planting. The site plan also includes the placement a twenty-five foot landscape strip along the southern and western property lines. A fifteen -foot landscape strip will be placed along Norton Road. The site plan includes the placement of interior landscaped islands within the parking lot areas; adequate to meet the minimum ordinance requirements. Staff is not supportive of the applicant's request. The site is shown on the City's Future Land Use Plan as Single-family. There are commercial areas located to the east of the site along with an Existing Business Node. To the west of the site [- January 5, 2006 SUBDIVISION ITEM NO.: 10.1 (Cont. FILE NO.: Z -7880-A are also large areas of properties indicated on the Plan for commercial development. In addition to properties being designated on the Plan for commercial development, there is a large amount of property currently zoned for commercial development both east and west of the site. The Highway 10 Design Overlay District was established to protect and enhance the aesthetic and visual character of the lands surrounding Highway 10. The purpose and intent section list includes protection and enhancement of the scenic quality of the Highway 10 Corridor by providing for sensitive development which will maximize the natural foliage and terrain while also providing planted buffer and landscaped areas, allow land use patterns compatible with present and future traffic capacities of Highway 10, to create a distinctive parkway atmosphere along Highway 10 by encouraging substantial building setbacks, extensive landscaping and uniform tree plantings and to minimize the number of curb cuts along Highway 10 so that the roadway will function at an efficient level of service. In addition the design overlay is to be used to facilitate a transition of areas from less to more intense lands uses along Highway 10 without the undesired effects of small lot strip development. In the past commercial development has been limited to intersections of Master Street Plan classifications of collector streets and above and placed within existing and proposed business nodes to limit the potential for strip development along the corridor. Furthermore, the ordinance states development that cannot be developed without violating the standards established in the Highway 10 Design Overlay may be reviewed through a Planned Unit Development (PUD). The intent stated is to devise a workable development plan, which is consistent with the purpose and intent of the overlay standard. There are existing major commercial nodes to the east and west of this site, at the intersection of Cantrell Road and Chenal Parkway, and in the Ranch development. There are large areas of commercial zoning within these commercial nodes, which are currently undeveloped. Therefore, staff views the addition of commercial zoning to the overall area is inappropriate. Staff believes the requested zoning would have a negative impact on and not be compatible with the existing single-family neighborhoods located to the east, west and south. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JANUARY 5, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. 7 January 5, 2006 SUBDIVISION ITEM NO.: 10.1 (Cont.)FILE NO.: Z -7880-A Mr. David McFatrich addressed the Commission on the merits of his request. He stated he felt the rezoning of the property would not devalue property values of adjoining properties as had been stated. He stated staff had indicated Highway 10 was to have a park like atmosphere. He stated this plan had already been broken. He 'stated the number of cars and the current uses along the corridor had changed the rural characteristics of the area. He stated the landscaping requirements of previous developments had enhanced developments in the area but located in the immediate area was a liquor store, a welding shop and an auto body shop. He stated with the commercial activities in the area the property values had not been affected. He stated there were 19 homes in the Maywood Subdivision. He stated an example of commercial adjacent to residential was Fellowship Bible Church located adjacent to the Rainwood Subdivision. He stated the residents felt the purchase of three homes abutting their subdivision would devalue their property values. He stated the reverse had happened and property values continued to increase. Ms. Alicia Finch addressed the Commission in opposition of the request. She stated she was President of the Maywood Neighborhood Association and Vice>President of the Collation of West Little Rock Neighborhoods. She stated the neighbors and residents in the area were opposed to the request for a land use and zoning change for the site. She stated in April of 2005, the City reviewed the Land Use Plan for the area and recommended no change for the site. She stated within one mile there was a large amount of undeveloped commercially zoned property. She stated flooding was also a concern of area residents. She indicated a pond which currently addressed the run-off from nearby subdivision. She stated if not developed properly or the detention area was not maintained flooding could be a result. She stated the value of the structure as a home would be devalued. She requested the Commission honor staff's recommendation of denial. Mr. Will Rauch addressed the Commission in opposition. He stated he was President of the Aberdeen Property Owners Association. He stated the subdivision contained 198 homes and most if not all of the residents were opposed to a commercial development abutting their subdivision. He stated residents were concerned with property values and the quality of life. He stated the long range plan did not indicate the area for commercial or office development. He stated the request was to increase the value of the applicant's property. He stated economics was not typically a basis for the Planning Commission to base a decision. Edward Oglesby addressed the Commission in opposition of the proposed request. He stated the City had recently updated their land use plan for Highway 10 and now the applicant was requesting a change. He stated the plan called for orderly development. He stated the rezoning request was of no public need. He stated the comparison of a church office and a C-3, commercial use were not the same. He stated the land was valuable for residential development. He stated if the property were rezoned the area January 5, 2006 SUBDIVISION ITEM NO.: 10.1 (Cont.) FILE NO.: Z-7 would be surrounded by commercial activity on three sides with Highway 10 to the north. He requested the Commission deny the request. Kevin Heifner addressed the Commission in opposition of the proposed request. He stated the principal of compatibility was to fit into the neighborhood and the long range plan. He stated Highway 10 was rampant with unfettered growth. He requested the Commission deny the request. Mr. Edward Gardner addressed the Commission in opposition of the request. He stated his concern was the noise and the proposed development. He stated both dumpsters being serviced and the sound of persons ordering from a loud speaker were not pleasant sounds to hear when enjoying ones outdoor living areas. He stated he had lived in several Cities and had chosen Little Rock to call home when setting up his medical practice. He stated his reason was because Little Rock was a planned City and a pretty City. He requested the Commission deny the request. Mr. Siva Soona addressed the Commission in opposition of the proposed request. He stated the Commission should not only look at the current request but the bigger picture of potential future rezoning requests. He stated the area was a safe neighborhood and he would like to keep it that way. He stated with the addition of commercial activity in the area crime rates could potentially be increased. Mr. Dewayne Labette addressed the Commission in opposition of the request. He stated on a recent business trip he experienced the noise of commercial activity adjacent to homes. He stated he was awoken at 4:30 am to the crashing of dumpsters and roar of the engine of the service trucks. He stated this reduced his ability to function properly the rest of the day. He stated one nights reduced sleep was not an issue but the potential for five to seven days per week being awaken by the sound of dumpsters crashing and the noise of commercial activity along with: the smells and increased traffic to the area greatly reduced the quality of life for the area residents. Mr. Troy Laha addressed the Commission on behalf of the applicant. He stated drainage would be addressed per the City's Storm Water Detention Ordinance. He stated the property was located approximately 600 feet for the Aberdeen Neighborhood and he did not feel the noise or smells would affect the residents. He stated the Commission had overridden the Land Use Plan in the past and zoned properties for commercial activities. Mr. McFatrich stated he wanted to be a good neighbor. He stated he felt a commercial development constructed properly would be a better neighbor than a residential subdivision with a number of small lots. He stated a subdivision developed with zero lot line homes would potentially generate a larger amount of traffic than the proposed request. He stated the area was changing. He stated there were a number of commercial uses in the area. He stated he could not address availability of properties in D January 5, 2006 SUBDIVISION ITEM NO.: 10.1 (Cont. FILE NO.: Z -7880-A the area. He stated the developers contacted him requesting the purchase of his property if he could get the property zoned for commercial activity. A motion was made to approve the Land Use Plan amendment (Item 10). The motion failed by a vote of 10 ayes, 0 noes and 1 absent. A motion was made to approve the rezoning request. The motion failed by a vote of 10 ayes, 0 noes and 1 absent. 10 ITEM NO.: 10.1. Z -7880-A NAME: McFatrick Short -form PCD LOCATION: on the Southwest corner of Highway 10 and Norton Road Planninq 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. Provide the zoning classification of the anticipated uses for the proposed retail center and include the proposed use list in the general notes section of the site plan. 3. The dumpster is located adjacent to the single-family residences. Provide details of the proposed dumpster screening and any limits to be placed on the dumpster service hours. 4. Will the rear of the building be used as screening? Provide details of the proposed treatment of the rear of the building, indicating the number of openings (doors/windows). 5. Provide the days and hours of operation for the proposed development. 6. Per the Highway 10 Design Overlay District any site lighting must be low level and directional, directed into the site to not disturb the scenic appearance of the corridor. 7. Provide details of the proposed signage to be located on the site. The Highway 10 Design Overlay District typically allows a maximum of six feet in height and seventy- two square feet in area for commercial building signage. The sign must be a ground mounted monument style sign. 8. Provide details of any proposed building signage to be located on the indicated building. The ordinance would typically allow building signage not to exceed 10 percent of the total facade area. Variance/Waivers: None requested. Public Works Conditions: 1. The proposed land use would classify Norton Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. Back of curb on Norton Road must be constructed 15.5 feet from centerline. 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The property must have a single driveway access. The southern driveway is less than 125 feet from property line as required by city ordinance. The width of driveway must not exceed 36 feet and shall be a concrete apron. 4. A Sketch Grading and Drainage Plan will be required per Section 29-186 (e). Provide hydraulic calculations of proposed box culvert. 5. Remove western existing driveway. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 7. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Site grading, and drainage plans will need to be submitted and approved prior to the start of construction. 8. If disturbed area is one (1) or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. Utilities and Fire Department/County Planning: Wastewater: Outside the service boundary. No comment. If the development proposes connection to the City of Little Rock's Wastewater Utility for sewer service the property must be annexed into the City Limits of the City of Little Rock. If the development proposes a septic system for treatment of the development's wastewater provide a letter from the Arkansas Department of Health or State authorized reviewing agency for the approval of the proposed wastewater collection and treatment system. Entergy: No comment received. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Approval of the City of Little Rock is required prior to water service. A Capital Investment Charge based on the size of the meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all meter connections including any metered connections off the private fire system. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. Fire Department: Place hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: 1. Provide the source of title before the instrument number on the proposed preliminary plat. 2. Provide the correct year in the date of the survey. 3. Provide contours for the site. 4. Provide the source of water supply and the means of wastewater disposal for the site. 5. Provide verification of service from the appropriate fire district. 6. Provide a copy of the development's approved ADEQ Storm water permit and copies of any other permits required for the relocation of the on-site stream. CATA: The site is located on CATA Bus Route #25 —the Highway 10 Express Route. Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a PCD for commercial shopping center. A land use plan amendment for a change to Commercial is a separate item on this agenda (LU05-19-03). Master Street Plan: Highway 10 is shown as Principal Arterial on the plan. Principal Arterials function to move vehicles and goods in and through the City, long distances. They are not intended to provide access to adjoining properties. There may be a requirement for additional right-of-way or street improvements. Bicycle Plan: The Master Street Plan, Bike Plan, shows a Class II bicycle route along Highway 10 in front of this site. Class II Bike Routes have a dedicated portion of the paved roadway for the sole use of bicycles. Historic Districts: There are no city recognized historic districts that would be affected by this amendment. City Recco nized 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: Compliance with the City's Landscape and Buffer Ordinances, and the Highway 10 Design Overlay is required. The proposed parking areas do not provide for the eight percent (2,740 square feet) interior landscaping required. The plan submitted is 2,010 square feet less than this requirement. A variance from this standard would require City Beautiful Commission approval. Area shown undeveloped but paved? Proposed use of area is unclear; therefore, whether it meets the minimal landscaping and buffer ordinances is unclear. However, the remainder of the site appears to meet the buffer and landscaping minimal code requirements. A controlled automatic irrigation system is required. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a Registered Landscape Architect. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. A six foot high opaque screen, either a wooden fence with its face side directed outward, a wall or dense evergreen planting, is also required along this southern and western property lines next to the residentially zoned property. Revised plat/plan: Submit four (4) copies of a revised preliminary plan (to include the additional information as noted above) to staff on Wednesday, December 14, 2005.