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HomeMy WebLinkAboutZ-7949-A Staff AnalysisITEM NO.: 20. NAME: Jones Short -form PCD LOCATION: located at 8013 Mabelvale Cut-off Planning Staff Comments: Z -7949-A 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. The notice must be mailed no later than May 9, 2007. The Office of Planning and Development must receive the proof of notice no later than May 16, 2007. 2. The site was approved for a hobby shop and 0-1 uses and not a commercial activity. 3. Provide details of the storage of vehicles on the site including the location and the number of vehicles proposed for outdoor storage. Variance/Waivers: Public Works Conditions: 1. Mabelvale Cut Off is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. Utilities and Fire Department/County Planning: Wastewater: Sewer available to the property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Additional fire hydrants may be required. The gate must maintain a minimum opening of 20 -feet for access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. Item # 21 CATA: The site is located on CATA Bus Routes # 17 and 17A the Mabelvale- Downtown and the Mabelvale-UALR Bus Routes. Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow an existing shop building to be used as an automobile repair shop to be operated by the owner of the home located on the site. The request does not require a change to the Land Use Plan Master Street Plan: Mabelvale Cut-off is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff since it is a Minor Arterial. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Reco nized Nei hborhood Action Plan: The applicant's property lies in the area covered by the Chicot West 1-30 South Neighborhood Action Plan. The Economic Development Goal states: "Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities." Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. 2. Street trees are recommended around the sites entirety. 3. An automatic irrigation system to water landscaped areas will be required. 4. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 5. 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 Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, May 9, 2007. Item # 21 July 5, 2007 M10110M NAME: Jones Short -form PCD LOCATION: Located at 8013 Mabelvale Cut-off DEVELOPER: Barron and Tonya Jones 8013 Mabelvale Cut-off Mabelvale, AR 72103 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: .75 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED USE NUMBER OF LOTS: 1 R-2, Single-family Single-family residential PCD FILE NO.: Z -7949-A FT. NEW STREET: 0 LF Residential, Office, Hobby Shop, Office -Warehouse VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,447 adopted by the Little Rock Board of Directors on December 5, 2005, established Tree -Frog Enterprises Short -form PCD. Two properties were proposed for the rezoning from R-2, Single-family to PCD by the applicant; the properties located at 8013 and 8025 Mabelvale Cut-off. The total area encompassed 1.5 acres. There were 2 houses, 2 garages, 2 storage buildings, and one open carport on these adjacent and contiguous properties. Both properties had paved driveways and parking areas for up to 4 vehicles at one, and up to 6 at the other. Additionally, both properties had extensive "permeable parking" areas in the rear, consisting of grass growing over crushed stone. July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z -7949-A The owners of 8013 Mabelvale Cut-off had lived on the site for approximately 11 years, and no changes in current use, or construction, were proposed. The residence was used as a residence and home-based business, with a one-person office. There were no visitors to the office. The 2,400 square foot garage / shop building was used for storage and as a garage for repairs to the owner's automobiles. The owner was also involved in amateur sports car racing, and did some light fabrication and engine building, on occasion. The applicant indicated only automobiles owned by the owner was repair on the site. The applicant also indicated the additional small enclosed building was used as a "garden shed", for storage of lawn maintenance items. The owners of 8025 Mabelvale Cut-off had lived on this site for approximately 5 years, and no changes in current use, or construction, was being proposed. The residence was used as a residence and home-based business, with a one-person office. There were no visitors to the office. The 1,200 square foot garage / shop building was used as a garage for repairs to the owners' automobiles. The owners were also involved in amateur drag racing, and some light fabrication and engine building, was done on occasion. Additionally, the owners did minor automobile bodywork and painting. The applicant indicated only automobiles owned by the property owner were repaired on the site. The applicant indicated the additional small enclosed building was used as a "garden shed", for storage of lawn maintenance items. The applicant indicated both properties exceed the maximum square footage allowable for accessory buildings. The applicant also indicated the owners of 8013 would be changing residences around the end of the year, and wished to continue using the property as they had been, except for the residential component. The applicant indicated the owners of 8025 were not planning any changes, at the time. The applicant's request was to have the houses approved for 0-1 uses, and the garages approved as office / warehouse. Additionally, the applicant's requested one specified C-4 use: that they be able to store non -running vehicles, outside, on the properties. The applicant indicated in the normal course of the fabrication of racecars, one of the elements was; from time to time, "parts" cars are purchased from which to salvage usable pieces. The applicant indicated a voluntarily limit would be no more than 4 cars per property, and all cars would be stored so as to not be visible from any public thoroughfare. All disassembly and major work would occur inside the garages, and no cars would ever be stored "up on blocks" or in a state of visibly severe disassembly. The applicant indicated the C-4 component of the application be granted only during occupancy by the existing tenants, and did not wish it to transfer to any new tenant or owner. In keeping with the desire to maintain the residential appearance of these properties, a waiver of screening, landscaping and paving requirements, beyond what existed was approved. A 6' - 7' chain link fence around the rear of both properties was in place. The west side fence was opaque. The south and east exposures were contiguous with properties with higher or equal grandfathered uses. 2 July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) A. PROPOSAL/REQUEST: FILE NO.: Z -7949-A The applicant is proposing a revision to a previously approved PCD for the lot located at 8013 Mabelvale Cut-off. The total area encompassed by the application is approximately .75 acres. There is currently a house, garage, storage building and an open carport on the property. The property has a paved driveway and parking areas for up to six vehicles. Additionally the property has extensive "permeable parking" areas in the rear, consisting of grass growing over crushed stone. The owners recently purchased the property and presently live in the residence. The 2,400 square foot garage/shop building is used for storage and as a garage for repairs to friends and family automobiles. The request is to turn the garage/shop building into an automotive repair business. The owner will continue to reside in the home. The request includes the ability to store from time to time non -running vehicles, outside on the properties. In repairing cars, one of the elements is from time to time "parts" have to be ordered before a car can be completed. Periodically, non -running vehicles will also be delivered by tow truck. Only four (4) non -running cars will be allowed, and all cars would be stored so as to not be visible from any public thoroughfare. All disassembly and major work would occur inside the garages, and no cars will ever be stored "up on blocks" or in a state of visibly severe disassembly. The business will consist of no more than three (3) employees. The garage will be open to the public from 8:00 am to 5:00 pm Monday through Friday and from 8:00 am to noon on Saturday. There will be a drop-off service available, cars will be parked in the parking area in front of the residence. Completed vehicles will remain on the premises no longer than 30 days. An abandon title will be requested and the vehicle will be sold. B. EXISTING CONDITIONS: The site contains a single-family home along with a large shop building near the rear of the property. Mabelvale Cut-off is currently under construction for the 2003 City's Bond Project widening project. Adjacent to the site is a home also approved for a PCD to allow the use of the property as an automobile repair shop, hobby use, and the residences was approved for the allowance of 0-1 uses as alternative uses for the property. Other uses in the area include a non -conforming heavy equipment yard, an Adult Day Care center, "Service Master" a cleaning service office and warehouse, a non -conforming commercial automobile -related business (formerly "Roy's Starter and Alternator Repair") currently operated as a race shop and a non -conforming commercial area, of approximately 3 acres, containing multiple buildings used as private warehouses. 3 July 5, 2007 SUBDIVISION ITEM NO.: I _(Cont.) FILE NO.: Z -7949-A C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Legion Hut Neighborhood Association, Southwest Little Rock United for Progress, all property owners 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. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Mabelvale Cut Off is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Additional fire hydrants may be required. The gate must maintain a minimum opening of 20 -feet for access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Routes # 17 and 17A the Mabelvale- Downtown and the Mabelvale-UALR Bus Routes. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow an existing shop building to be used as an automobile repair shop to be operated by the owner of the home located on the site. CI July 5, 2007 SUBDIVISION ITEM NO.: I Cont. FILE NO.: Z -7940-A The request does not require a change to the Land Use Plan. Master Street Plan: Mabelvale Cut-off is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff since it is a Minor Arterial. Bicycle Plan: Existing or proposed Class I, ll, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Chicot West 1-30 South Neighborhood Action Plan. The Economic Development Goal states: "Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities." Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide details of the proposed outdoor storage of vehicles. Public Works comments were addressed. Staff stated a right of way dedication to Mabelvale Cut-off may be required. Landscaping comments were addressed. Staff stated screening would be required along the southern and northern perimeters. Staff stated there was no change to the proposed site only a change in the allowable use. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. 5 July 5, 2007 SUBDIVISION ITEM NO.: I (Cont. H. ANALYSIS: FILE NO.: Z -7949-A The applicant submitted a revised site plan to staff addressing most of the issues raised at the May 3, 2007, Subdivision Committee meeting. The applicant has clearly identified the areas for outdoor storage of vehicles and indicated any additional right of way will be provided to the City as required with the rezoning action of the property. The applicant is proposing a revision to a previously approved PCD to allow an automobile repair shop to operate from the site. There is currently a house, garage, storage building and an open carport on the property. The property has a paved driveway and parking areas for up to six vehicles. Additionally the property has extensive "permeable parking" areas in the rear, consisting of grass growing over crushed stone. The applicant will reside in the home. The 2,400 square foot garage/shop building will be used as an automotive repair business. The business will consist of no more than three (3) employees. The garage will be open to the public from 8:00 am to 5:00 pm Monday through Friday and from 8:00 am to noon on Saturday. There will be a drop-off service available. Cars will be parked in the parking area in front of the residences during non -business hours. Completed vehicles will remain on the premises no longer than 30 days after which time an abandon title will be requested and the vehicle will be sold by the applicant. The request includes the ability to store non -running vehicles, outside on the property in the area identified for vehicle storage. Vehicles will be stored only when a parts order is necessary to complete the vehicle service. A maximum of four (4) non -running vehicles will be allowed on the site. All vehicles will be stored to not be visible from any public thoroughfare. All disassembly and major work will occur inside the garage, and no vehicle will be stored in a state of visibly severe disassembly. Staff is not supportive of the request. The applicant is seeking an amendment of a previously approved PCD to allow an automobile repair shop to locate on the site. Although the site has a history of automotive repair, the history is related to the former owner and his operation of a hobby shop for his personal vehicles and race vehicles. The site is shown as Mixed Use on the City's Future Land Use Plan which allowed for a mixture of residential, office and commercial uses to occur. Staff does not feel an automobile repair shop, an intense commercial use, should be allowed on the site. There are residential uses in the area which staff feels the automobile repair shop could potentially adversely impact. In addition staff feels with the allowance of this intense commercial activity this could potentially open the door for additional intense commercial uses in this area. Staff feels this type of commercial use should be located in identified commercial area and not in an area identified for commercial, residential and office uses on the plan. N July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z -7949-A STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of denial. The applicant stated they had bought the home specifically to allow them to open an auto repair shop in the large shop building located on the property. She stated there were only three employees of the business and the hours would be limited to 8:00 am to 5:00 pm Monday through Friday and noon on Saturday. She stated the request was for her and her husband's sole ownership. She stated once the business grew they would relocate to a site on Chicot Road or an equally commercial area. She stated the business was advertised by word of mouth. She stated screening was addressed and none of the vehicles would be viewed from the adjoining roadways. She stated she had talked with her neighbors and none of them were opposed to the proposed use. The Commission questioned the adjoining uses. Ms. Jones stated the structure immediately west of the site was an adult daycare center. She stated there was also a carpet cleaning service located to the east. She stated north of the site was a contactors storage yard and east of the site was a residential home. She stated the neighbor also repaired cars in a shop building located on his property which was of similar size. She stated south of the site was a warehouse which stored boats and other items. The Commission questioned staff as to if there was a way the request could be supported by them. Staff stated this was an intense commercial use and they felt the use should be limited to commercial areas. Staff stated they did not envision this area with this type uses. Staff stated the site was identified as Mixed Use on the City's Future Land Use Plan which allowed for a mixture of residential, office and commercial uses. Staff stated the office should be compatible with the residential and the commercial should be more in line with C-1, Neighborhood Commercial uses. The Commission indicated to Ms. Jones with the few Commissioners present it would be difficult to receive the number of positive votes necessary to approve the request. The Commission suggested Ms. Jones contact her neighbors and get letters of support and to get some of the neighbors to come down and speak on her behalf. Ms. Jones requested the Commission defer her item to the July 5, 2007, public hearing. A motion was made to defer the request to the July 5, 2007, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. 7 July 5, 2007 SUBDIVISION ITEM NO.: I (Cont.) FILE NO.: Z - STAFF UPDATE: There has been no change to this application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Barbara Yates addressed the Commission in opposition of the request. She stated she was representing the Upper Baseline Neighborhood Association and felt the location was not appropriate for a commercial use. She provided the Commission with a history of the site indicating the previous owners had constructed the shop building when the area was located outside the City limits. She stated the neighborhood voted to not oppose the request for rezoning for the previous owner but there was an agreement the site would not be used as a commercial business. She stated the neighborhood had concerns with noise, parking in the front yard and presently the area was experiencing drug activity. She stated with the placement of the commercial activity this would potentially increase crime in the area. Ms. Pat Gee addressed the Commission in opposition of the request. She stated she was representing the Southwest Little Rock United for Progress who voted to support the neighborhood in opposing the request. She stated she did not feel the use of an auto repair garage would be an asset to the community. Ms. Tonya Jones addressed the Commission. She stated there were only three employees of the business. She stated the reason for the purchase of the home was to use the shop building as a garage. She stated she should have checked with the zoning desk but the property was marketed as commercial property. She provided the Commission with a copy of the sales advertisement. She stated this would be her home as well as her husbands business. She stated there would be limited times the cars would be parked on the site. She stated the only reason for a car to remain on the site would be for ordering parts. She stated she talked with the neighbors and all indicated support of the request. She provided the Commission with letters signed by the immediate neighbors indicating support. She stated she was willing to limit the approval to their sole ownership and not allow transfer to a subsequent owner. Ms. Jones stated the limit would be for their operation of the business. The Commission questioned if this required them to live in the house. Staff stated this could be a part of the approval. The Commission questioned staff as to the allowable uses for the site. Staff stated the house could be used as an 0-1 use and the shop building could be used as a hobby July 5, 2007 SUBDIVISION ITEM NO.: I (Cont. FILE NO.: Z -7949-A shop or an office/warehouse. The Commission questioned the required parking. Staff stated these uses did not generate a great deal of parking. There was a general discussion concerning the existing uses in the area. Ms. Jones stated there was a construction company across the street and a day care to the east. She stated to the west was the only single-family home and they had provided a letter in support of allowing them to operate the garage. There was no further discussion of the item. The Chair entertained a motion for approval of the item as amended to limit the approval to the current ownership both living on the site and operating the business. The motion carried by a vote of 6 ayes, 3 noes, 1 absent and 1 open position. 01 FILE NO.: Z -7949-A NAME: Jones Short -form PCD LOCATION: Located at 8013 Mabelvale Cut-off DEVELOPER: Barron and Tonya Jones 8013 Mabelvale Cut-off Mabelvale, AR 72103 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: .75 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential PCD FT. NEW STREET: 0 LF PROPOSED USE: Residential, Office, Hobby Shop, Office -Warehouse VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,447 adopted by the Little Rock Board of Directors on December 5, 2005, established Tree -Frog Enterprises Short -form PCD. Two properties were proposed for the rezoning from R-2, Single-family to PCD by the applicant; the properties located at 8013 and 8025 Mabelvale Cut-off. The total area encompassed 1.5 acres. There were 2 houses, 2 garages, 2 storage buildings, and one open carport on these adjacent and contiguous properties. Both properties had paved driveways and parking areas for up to 4 vehicles at one, and up to 6 at the other. Additionally, both properties had extensive "permeable parking" areas in the rear, consisting of grass growing over crushed stone. The owners of 8013 Mabelvale Cut-off had lived on the site for approximately 11 years, and no changes in current use, or construction, were proposed. The residence was FILE NO.: Z -7949-A (Cont.) used as a residence and home-based business, with a one-person office. There were no visitors to the office. The 2,400 square foot garage / shop building was used for storage and as a garage for repairs to the owner's automobiles. The owner was also involved in amateur sports car racing, and did some light fabrication and engine building, on occasion. The applicant indicated only automobiles owned by the owner was repair on the site. The applicant also indicated the additional small enclosed building was used as a "garden shed", for storage of lawn maintenance items. The owners of 8025 Mabelvale Cut-off had lived on this site for approximately 5 years, and no changes in current use, or construction, was being proposed. The residence was used as a residence and home-based business, with a one-person office. There were no visitors to the office. The 1,200 square foot garage / shop building was used as a garage for repairs to the owners' automobiles. The owners were also involved in amateur drag racing, and some light fabrication and engine building, was done on occasion. Additionally, the owners did minor automobile bodywork and painting. The applicant indicated only automobiles owned by the property owner were repaired on the site. The applicant indicated the additional small enclosed building was used as a "garden shed", for storage of lawn maintenance items. The applicant indicated both properties exceed the maximum square footage allowable for accessory buildings. The applicant also indicated the owners of 8013 would be changing residences around the end of the year, and wished to continue using the property as they had been, except for the residential component. The applicant indicated the owners of 8025 were not planning any changes, at the time. The applicant's request was to have the houses approved for 0-1 uses, and the garages approved as office / warehouse. Additionally, the applicant's requested one specified C-4 use: that they be able to store non -running vehicles, outside, on the properties. The applicant indicated in the normal course of the fabrication of racecars, one of the elements was; from time to time, "parts" cars are purchased from which to salvage usable pieces. The applicant indicated a voluntarily limit would be no more than 4 cars per property, and all cars would be stored so as to not be visible from any public thoroughfare. All disassembly and major work would occur inside the garages, and no cars would ever be stored "up on blocks" or in a state of visibly severe disassembly. The applicant indicated the C-4 component of the application be granted only during occupancy by the existing tenants, and did not wish it to transfer to any new tenant or owner. In keeping with the desire to maintain the residential appearance of these properties, a waiver of screening, landscaping and paving requirements, beyond what existed was approved. A 6' - 7' chain link fence around the rear of both properties was in place. The west side fence was opaque. The south and east exposures were contiguous with properties with higher or equal grandfathered uses. A. PROPOSAL/REQUEST: The applicant is proposing a revision to a previously approved PCD for the lot located at 8013 Mabelvale Cut-off. The total area encompassed by the 2 FILE NO.: Z -7949-A (Cont. application is approximately .75 acres. There is currently a house, garage, storage building and an open carport on the property. The property has a paved driveway and parking areas for up to six vehicles. Additionally the property has extensive "permeable parking" areas in the rear, consisting of grass growing over crushed stone. The owners recently purchased the property and presently live in the residence. The 2,400 square foot garage/shop building is used for storage and as a garage for repairs to friends and family automobiles. The request is to turn the garage/shop building into an automotive repair business. The owner will continue to reside in the home. The request includes the ability to store from time to time non -running vehicles, outside on the properties. In repairing cars, one of the elements is from time to time "parts" have to be ordered before a car can be completed. Periodically, non -running vehicles will also be delivered by tow truck. Only four (4) non -running cars will be allowed, and all cars would be stored so as to not be visible from any public thoroughfare. All disassembly and major work would occur inside the garages, and no cars will ever be stored "up on blocks" or in a state of visibly severe disassembly. The business will consist of no more than three (3) employees. The garage will be open to the public from 8:00 am to 5:00 pm Monday through Friday and from 8:00 am to noon on Saturday. There will be a drop-off service available, cars will be parked in the parking area in front of the residence. Completed vehicles will remain on the premises no longer than 30 days. An abandon title will be requested and the vehicle will be sold. B. EXISTING CONDITIONS: The site contains a single-family home along with a large shop building near the rear of the property. Mabelvale Cut-off is currently under construction for the 2003 City's Bond Project widening project. Adjacent to the site is a home also approved for a PCD to allow the use of the property as an automobile repair shop, hobby use, and the residences was approved for the allowance of 0-1 uses as alternative uses for the property. Other uses in the area include a non -conforming heavy equipment yard, an Adult Day Care center, "Service Master" a cleaning service office and warehouse, a non -conforming commercial automobile -related business (formerly "Roy's Starter and Alternator Repair") currently operated as a race shop and a non -conforming commercial area, of approximately 3 acres, containing multiple buildings used as private warehouses. C. NEIGHBORHOOD COMMENTS - As of this writing, staff has not received any comment from area residents. The Legion Hut Neighborhood Association, Southwest Little Rock United for Progress, all property owners 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. 3 FILE NO.: Z-7949-A(Cont.) D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Mabelvale Cut Off is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional meter(s) are needed. Fire Department: Additional fire hydrants may be required. The gate must maintain a minimum opening of 20 -feet for access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Routes # 17 and 17A the Mabelvale- Downtown and the Mabelvale-UALR Bus Routes. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Mixed Use for this property. The applicant has applied for a revision to a previously approved Planned Commercial Development to allow an existing shop building to be used as an automobile repair shop to be operated by the owner of the home located on the site. The request does not require a change to the Land Use Plan. Master Street Plan: Mabelvale Cut-off is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff since it is a Minor Arterial. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. E FILE NO.: Z -7949-A (Cont. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Chicot West 1-30 South Neighborhood Action Plan. The Economic Development Goal states: "Provide a mixed commercial/residential environment that will promote the safety, attractiveness, and value of the area while creating a competitive and adaptable economic climate that encourages investment and diversity of employment opportunities." Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide details of the proposed outdoor storage of vehicles. Public Works comments were addressed. Staff stated a right of way dedication to Mabelvale Cut-off may be required. Landscaping comments were addressed. Staff stated screening would be required along the southern and northern perimeters. Staff stated there was no change to the proposed site only a change in the allowable use. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and 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 May 3, 2007, Subdivision Committee meeting. The applicant has clearly identified the areas for outdoor storage of vehicles and indicated any additional right of way will be provided to the City as required with the rezoning action of the property. The applicant is proposing a revision to a previously approved PCD to allow an automobile repair shop to operate from the site. There is currently a house, garage, storage building and an open carport on the property. The property has a paved driveway and parking areas for up to six vehicles. Additionally the property has extensive "permeable parking" areas in the rear, consisting of grass growing over crushed stone. The applicant will reside in the home. The 2,400 square foot garage/shop building will be used as an automotive repair business. The business will consist of no more than three (3) employees. The 5 FILE NO.: Z -7949-A (Cont. garage will be open to the public from 8:00 am to 5:00 pm Monday through Friday and from 8:00 am to noon on Saturday. There will be a drop-off service available. Cars will be parked in the parking area in front of the residences during non -business hours. Completed vehicles will remain on the premises no longer than 30 days after which time an abandon title will be requested and the vehicle will be sold by the applicant. The request includes the ability to store non -running vehicles, outside on the property in the area identified for vehicle storage. Vehicles will be stored only when a parts order is necessary to complete the vehicle service. A maximum of four (4) non -running vehicles will be allowed on the site. All vehicles will be stored to not be visible from any public thoroughfare. All disassembly and major work will occur inside the garage, and no vehicle will be stored in a state of visibly severe disassembly. Staff is not supportive of the request. The applicant is seeking an amendment of a previously approved PCD to allow an automobile repair shop to locate on the site. Although the site has a history of automotive repair, the history is related to the former owner and his operation of a hobby shop for his personal vehicles and race vehicles. The site is shown as Mixed Use on the City's Future Land Use Plan which allowed for a mixture of residential, office and commercial uses to occur. Staff does not feel an automobile repair shop, an intense commercial use, should be allowed on the site. There are residential uses in the area which staff feels the automobile repair shop could potentially adversely impact. In addition staff feels with the allowance of this intense commercial activity this could potentially open the door for additional intense commercial uses in this area. Staff feels this type of commercial use should be located in identified commercial area and not in an area identified for commercial, residential and office uses on the plan. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of denial. The applicant stated they had bought the home specifically to allow them to open an auto repair shop in the large shop building located on the property. She stated there were only three employees of the business and the hours would be limited to 8:00 am to 5:00 pm Monday through Friday and noon on Saturday. She stated the request was for her and her husband's sole ownership. She stated once the business grew they would relocate to a site on Chicot Road or an equally commercial area. She stated the business was advertised by word of mouth. She stated screening was addressed and none of the vehicles would be viewed from the adjoining roadways. She stated she had talked with her neighbors and none of them were opposed to the proposed use. 101 FILE NO.: Z -7949-A (Cont. The Commission questioned the adjoining uses. Ms. Jones stated the structure immediately west of the site was an adult daycare center. She stated there was also a carpet cleaning service located to the east. She stated north of the site was a contactors storage yard and east of the site was a residential home. She stated the neighbor also repaired cars in a shop building located on his property which was of similar size. She stated south of the site was a warehouse which stored boats and other items. The Commission questioned staff as to if there was a way the request could be supported by them. Staff stated this was an intense commercial use and they felt the use should be limited to commercial areas. Staff stated they did not envision this area with this type uses. Staff stated the site was identified as Mixed Use on the City's Future Land Use Plan which allowed for a mixture of residential, office and commercial uses. Staff stated the office should be compatible with the residential and the commercial should be more in line with C-1, Neighborhood Commercial uses. The Commission indicated to Ms. Jones with the few Commissioners present it would be difficult to receive the number of positive votes necessary to approve the request. The Commission suggested Ms. Jones contact her neighbors and get letters of support and to get some of the neighbors to come down and speak on her behalf. Ms. Jones requested the Commission defer her item to the July 5, 2007, public hearing. A motion was made to defer the request to the July 5, 2007, public hearing. The motion carried by a vote of 6 ayes, 0 noes, 4 absent and 1 open position. STAFF UPDATE. There has been no change to this application request since the previous public hearing. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (JULY 5, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Ms. Barbara Yates addressed the Commission in opposition of the request. She stated she was representing the Upper Baseline Neighborhood Association and felt the location was not appropriate for a commercial use. She provided the Commission with a history of the site indicating the previous owners had constructed the shop building when the area was located outside the City limits. She stated the neighborhood voted to not oppose the request for rezoning for the previous owner but there was an agreement the site would not be used as a commercial business. She stated the neighborhood had concerns with noise, parking in the front yard and presently the area was experiencing drug activity. She stated with the placement of the commercial activity this would potentially increase crime in the area. 7 FILE NO.: Z -7949-A (Cont. Ms. Pat Gee addressed the Commission in opposition of the request. She stated she was representing the Southwest Little Rock United for Progress who voted to support the neighborhood in opposing the request. She stated she did not feel the use of an auto repair garage would be an asset to the community. Ms. Tonya Jones addressed the Commission. She stated there were only three employees of the business. She stated the reason for the purchase of the home was to use the shop building as a garage. She stated she should have checked with the zoning desk but the property was marketed as commercial property. She provided the Commission with a copy of the sales advertisement. She stated this would be her home as well as her husbands business. She stated there would be limited times the cars would be parked on the site. She stated the only reason for a car to remain on the site would be for ordering parts. She stated she talked with the neighbors and all indicated support of the request. She provided the Commission with letters signed by the immediate neighbors indicating support. She stated she was willing to limit the approval to their sole ownership and not allow transfer to a subsequent owner. Ms. Jones stated the limit would be for their operation of the business. The Commission questioned if this required them to live in the house. Staff stated this could be a part of the approval. The Commission questioned staff as to the allowable uses for the site. Staff stated the house could be used as an 0-1 use and the shop building could be used as a hobby shop or an office/warehouse. The Commission questioned the required parking. Staff stated these uses did not generate a great deal of parking. There was a general discussion concerning the existing uses in the area. Ms. Jones stated there was a construction company across the street and a day care to the east. She stated to the west was the only single-family home and they had provided a letter in support of allowing them to operate the garage. There was no further discussion of the item. The Chair entertained a motion for approval of the item as amended to limit the approval to the current ownership both living on the site and operating the business. The motion carried by a vote of 6 ayes, 3 noes, 1 absent and 1 open position. 0