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HomeMy WebLinkAboutZ-7991-A Staff AnalysisMarch 1, 2007 ITEM NO.: 12 NAME: Maris Short -form PD -O LOCATION: Located at 3 Pine Mountain Drive DEVELOPER: Chris Maris P.O. Box 56560 Little Rock, AR 72215 ENGINEER: Marlar Engineering Company 5318 John F. Kennedy Boulevard North Little Rock, AR 72215 AREA: 0.32 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING - NUMBER OF LOTS: 1 R -2, Single-family Single-family residential PROPOSED USE: Office - Appraisal company VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: FILE NO.: Z -7991-A FT. NEW STREET: 0 LF On March 2, 2006, the Planning Commission was scheduled to hear a request to allow this structure to be utilized by Metropolitan Emergency Medical Services (MEMS) as an ambulance substation. Prior to the Commission hearing, the applicant submitted a request to withdraw the item from consideration. The proposal included the widening of the existing drive from 12 -feet to 17 -feet. All other exterior features were to be maintained to maintain the residential characteristics of the structure. A. PROPOSAL/REQUEST: The applicant has a small appraisal company that performs residential real estate appraisals. The office is a small office consisting of three appraisers, including March 1, 2007 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z -7791-A the owner, and a secretary. The request is to convert the existing house located at 3 Pine Mountain Road into an office use for the appraisal company. The house is the first structure on Pine Mountain from Pinnacle Valley Road. As an appraisal office, there is limited customer traffic and signage is not necessary to identify the business. The hours of operation of the business are 7:30 am to 5:00 pm Monday through Friday. The site will be utilized as it presently exists with the exception of increasing the driveway width six to eight feet to accommodate the employee's vehicles. According to the applicant the proposed office use will not disrupt the neighborhood. The type of business, the small number of employees and the limited public traffic will be a suitable use for the property. B. EXISTING CONDITIONS: The property is located in an area of mixed zoning and uses. The PCD zoned property to the east contains a landscape service company; mini -warehouses and commercial uses. A PD -O zoned veterinary clinic is located slightly west of the site. Cantrell Road and the new alignment of Pinnacle Valley Road area located to the south. A variety of commercial uses extend west of the intersection. Single-family homes are located along Pine Mountain Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The Pinnacle Valley Neighborhood Association, the Westchester Property Owners Association, the Westbury Neighborhood Association, all owners of property located within 200 feet of the site and all residents, who could be identified, located within 300 feet of the proposed development were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: The proposed land use would classify Pine Mountain Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. In the future if improvements or expansion of the structure or parking area is proposed, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Pine Mountain Road including 5 -foot sidewalk with the planned development. 3. The existing structure is located in the 100 -year floodplain. Any new additions to the structure must comply with the current floodplain regulations. If any improvements to the existing structure or expansion to the existing structure exceeds 50% of the appraised value of the existing structure, then the entire structure must comply with the current floodplain regulations. 2 March 1, 2007 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-7791 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this 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 water meter(s) are required. Fire Department: Approved as submitted. 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 River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a rezoning from R-2 to Planned Office Development to allow the existing structure to be utilized as an office use for an appraisal company. The request does not require a change to the Land Use Plan. Master Street Plan: Pine Mountain is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. 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 applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan. The neighborhood plan does not address this issue. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 3 March 1, 2007 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-7791 -A 2. Some additional landscaping may be required in conjunction with any new parking areas. 3. The landscape ordinance requires a minimum of nine foot (9) landscape area along all property lines. 4. The zoning buffer ordinance requires a nine foot (9) wide land use buffer to separate this proposed development from the residential property on the northern and southern perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 5. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 6. A water source must be located within seventy-five foot (75) of all landscaped areas. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (February 8, 2007) The applicant was not present. Staff stated the request was to convert an existing single-family structure into an office use for an appraisal company. Staff stated the goal of the developer was to maintain the residential integrity of the structure. Staff stated the only modification to the site would be widening of the existing drive six to eight feet to allow for additional parking. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no remaining technical issues associated with the request remaining from the February 8, 2007, Subdivision Committee meeting. The request is to allow an existing single-family structure to be used as an office use for an appraisal company. The company presently has four employees. The hours of operation are from 7:30 am to 5:00 pm Monday through Friday. No signage is proposed to serve the business and no customer traffic is proposed. The site contains an existing hard surface driveway extending from Pine Mountain Drive to a parking pad. The applicant has indicated the only modification to the site would be the addition of approximately six (6) to eight (8) feet of additional paving material to expand the drive to a maximum of 20 -feet in width to accommodate two (2) vehicles and meet the typical minimum parking demand for the use. 51 March 1, 2007 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z -7791-A The City's adopted land use plan shows this area to be Transition, which is appropriate for office uses. In this case, the proposal is to maintain the residential character of the property while allowing the office use. It is likely, in fact, that this use may serve as a holding use for the property. There is a potential that long-term the larger area around this site may redevelop as some thing other than the existing, detached single family. The applicant has stated this may not be a permanent use; that the office could relocate in the future as the business grows. The bill of assurance for Pine Mountain Subdivision was created in 1958 and appears to still be valid. Section 1 of the bill of assurance contains the following statement: No lot other than Lot "P" shall be used except for residential purposes. The subject property is Lot "O". The applicant is requesting a waiver of the typical screening requirement along the northern and southern perimeters. In light of the specifics of this proposal, staff supports a waiver of the screening requirements. The driveway is located on the south side of the lot where there is no abutting residential property and there is no outside activity other than parking. Since the development does not anticipate customer traffic to the site the number of trips per day should be minimal and not significantly impact the area. Staff is supportive of the applicant's proposal. Staff feels the utilization of the existing structure as an office use for an appraisal company should have minimal impact on the area. The proposed use is consistent with uses as allowed per the City's Future Land Use plan. To staffs knowledge, there are no outstanding issues associated with the request. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E, F and H of the above agenda staff report. PLANNING COMMISSION ACTION: (MARCH 1, 2007) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E, F and H of the above agenda staff report. Mr. Chris Maris addressed the Commission stating he had nothing to add to the staff presentation. Mr. Tom Anderson addressed the Commission in opposition of the request. He stated his property was located to the north of the site. He stated the Bill of Assurance for the subdivision prohibited commercial activity on the site. He stated the applicant had March 1, 2007 SUBDIVISION ITEM NO.: 12(Cont.)FILE NO.: Z -7791-A indicated difficulty in renting the site for a residential use. He stated he had not experienced this problem when his unit was vacant within a limited time he was able to rent the structure. He requested the Commission use the common sense approach to the request and deny the rezoning. Ms. Becky Cantrell addressed the Commission in opposition. She stated her home was located at 6 Pine Mountain Drive. She stated she had lived in her home since 1970. She stated the applicant contacted her to see if the neighborhood would support the office use. She stated she contacted the homeowners in the area and the neighborhood association and it was a consensus the office use should not be supported. She stated the neighborhood had a history with the owner and he did not keep his word or maintain the properties he owned in the neighborhood. She stated staff stated the development would not impact the area but in public works comments the developer would be required to increase the street to a commercial design standard. She stated the subdivision had a Bill of Assurance which prohibited commercial activity but had been told by staff the Bill of Assurance and zoning were two different issues. She stated the neighborhood had a number of elderly residents who did not want commercial development on their street. She requested the Commission maintain the residential integrity of the "street and deny the request. Ms. Sandra Burkhart Stevens chose not to address the Commission. Mr. Nick Alsop addressed the Commission in opposition of the request. He stated he was president of the Pinnacle Valley Property Owners Association which represented the residents of Pine Mountain Drive. He stated the association represented approximately 30 households. He presented the Commission with a slide show depicting the street as a quiet residential street with homes well maintained and yards manicured. He stated the house was not isolated from the neighborhood but was the entrance to the neighborhood. He read a letter from Ted and Wendy Hoss to the Commission. The letter stated her family was opposed to the change of the structure to a commercial use. Mr. Alsop stated Pine Mountain was a quiet residential street with 13 homes. He requested the Commission not change the character of the street by allowing the rezoning of the structure. Ms. Mary Dornhoffer addressed the Commission in opposition of the request. She stated she represented the West Little Rock Collation of Neighborhoods. She stated the proposed change was precisely what the collation had been fighting for a number of years. She stated the change in zoning would change the fabric of the neighborhood. She stated with the change in zoning this could create a domino effect. She requested the commission protect the neighborhood and oppose the rezoning request. Mr. James Rengers stated he had noting additional to add. Mr. Maris stated he presently owned four of the houses on the street and had a fifth house under contact. He stated the change in classification would not change the L March 1, 2007 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z -7791-A character of the neighborhood. He stated the drive would be located on the south property line and there would be a limited number of trips per day by the employees. He stated the traffic generated would not be any greater than a family of four. The Commission questioned Mr. Maris as to if he lived on the street. Mr. Maris stated he did not live on the street. The Commissioners indicated a concern with the Bill of Assurance and the Commission allowing a non-residential activity within the subdivision which was prohibited by the Bill of Assurance. Staff stated the Commission was to consider the Bill of Assurance when making a decision but was not bound by the Bill of Assurance. The Commission questioned staff as to their thoughts on recommending approval and if they felt the neighborhood was no longer a viable neighborhood. Staff stated this was not the case they felt the neighborhood was viable as a neighborhood but since the site was shown as Transitional on the Land Use Plan the proposed use was an allowable use under the Transitional classification. Staff suggested the Commission consider recommending an amendment to the Land Use Plan to create an all or noting classification which would not piecemeal the subdivision but require all the area to change at one time or remain residential. The Commission questioned the neighborhood about why they did not oppose MEMS or the mini -warehouse located to the east. Ms. Cantrell stated the neighborhood felt MEMS, the vet clinic, the mini -warehouse were all good neighbors and the neighborhood knew the area would change. The neighborhood wanted to be maintained as a single unit until such time the entire neighborhood was transitioned or change to a non-residential use. The Chair entertained a motion for approval of the item. The motion failed by a vote of 0 ayes, 9 noes and 2 absent. 7 ITEM NO.: 12. Z-7791 -A NAME: Maris Short -form PD -O LOCATION: located at 3 Pine Mountain Drive Planning Staff Comments: 1. Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than February 14, 2007. The Office of Planning and Development must receive the proof of notice no later than February 22, 2007. 2. Will any modifications be made to the exterior of the building or the existing parking? If so note on the site plan the location of the proposed modifications and additional paving. 3. Is signage proposed with the redevelopment of the site including building signage or ground -mounted signage? Variance/Waivers: None requested. Public Works Conditions: 1. The proposed land use would classify Pine Mountain Road on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 2. In the future if improvements or expansion of the structure or parking area is proposed, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Pine Mountain Road including 5 -foot sidewalk with the planned development. 3. The existing structure is located in the 100 -year floodplain. Any new additions to the structure must comply with the current floodplain regulations. If any improvements to the existing structure or expansion to the existing structure exceeds 50% of the appraised value of the existing structure, then the entire structure must comply with the current floodplain regulations. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Item # 12 Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Transition for this property. The applicant has applied for a rezoning from R-2 to Planned Office Development to allow the existing structure to be utilized as an office use for an appraisal company. The request does not require a change to the Land Use Plan. Master Street Plan: Pine Mountain is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Bicycle Plain: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. CitV Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the River Mountain Neighborhood Action Plan. The neighborhood plan does not address this issue. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. Some additional landscaping may be required in conjunction with any new parking areas. 3. The landscape ordinance requires a minimum of nine foot (9) landscape area along all property lines. 4. The zoning buffer ordinance requires a nine foot (9) wide land use buffer to separate this proposed development from the residential property on the northern and southern perimeters of the site. Seventy percent (70%) of these buffers are to remain undisturbed. 5. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 6. A water source must be located within seventy-five foot (75) of all landscaped areas. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. 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, February 14, 2007. Item # 12