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HomeMy WebLinkAboutZ-8006 Staff AnalysisAugust 3, 2006 ITEM NO.: H FILE NO.: LU06-02-01 Name: Land Use Plan Amendment - Rodney Parham Planning District Location: 100 Santa Fe Trail Request: Single Family to Suburban Office Source: Paul Atkins for Robert & Mary Atkins PROPOSAL / REQUEST: Land Use Plan amendment in the Rodney Parham Planning District from Single Family to Suburban Office. Suburban Office represents low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. The proposal is to convert an existing house to a professional office use — Insurance Agency. EXISTING LAND USE AND ZONING: The property is a single-family home currently zoned R2, Single Family and is 0.16 acres t in size. The properties to the north, south and east are zoned R2, Single Family and have houses on them. The property to the west is zoned Planned Office District and then 03, General Office. There are existing office uses on both of these tracts. Generally to the north and south are single-family neighborhoods, with R2 Single Family zoning. Along Markham to the west are a mix of office uses with a few commercial and public (churches) uses. The zoning pattern is generally 03 General Office. At Markham and John Barrow Road there is C3 General Commercial zoning with an existing shopping center. This is a developed part of Little Rock, with established residential and non-residential areas. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: On December 12, 2000, several changes were made to the Land Use Plan to more accurately reflect the existing and likely future development of the area. One change was to the west on Markham from Suburban Office to Public Institutional; one was south of the site from Single Family to Public Institutional; one was east of the site from Single Family to Commercial and the last was southeast of the site from Single Family and Multifamily to Low Density Residential. All these changes surround the application area along Markham. On May 6, 2003, a change was made from Single Family and Low Density Residential to Multifamily Low Density Residential and Public Institutional. These changes were made to more accurately reflect the current and likely future August 3, 2006 ITEM NO.: H (Cont.) FILE NO.: LU06-02-01 development of the areas along Mara Lynn Road over a mile to the north west of the site. The Land Use Plan shows Single Family use to the north and east. The Plan shows Public Institutional to the south. Suburban Office is shown to the west of the site. A large area of Single Family is to the northeast and northwest, as well as to the south. To the west are Suburban Office use areas along Markham, with a couple of Public Institutional use interspersed. A large Commercial area is shown at the southwest corner of Markham and John Barrow Road to the east. MASTER STREET PLAN: Markham is shown as a Minor Arterial, with Santa Fe Trail a Local Street on the plan. A Minor Arterial is designed to provide connections to and through the urban area, with a primary function to move traffic not provide access to adjacent properties. A Local Street is to provide access to adjacent properties; movement of vehicles is a secondary function. There are no plans at this time to make further street improvements to either roadway. As a result of this application additional right-of-way or widening may be requested. BICYCLE PLAN: There are no Bike routes shown on the City Master Bike Plan adjacent to the area under review. The closest routes are proposed to be along Rock Creek to the south and Brushy Flat Creek to the east. wriTI-7.145111 Little Rock Parks and Recreation Master Plan indicates there is a deficient area on the south of Markham. However there is an existing public or private recreation or open space within 8 -blocks of this site as recommended by the Plan. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. CITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The site is within the area covered by the West Markham Neighborhoods Plan. The Plan does not address the issue of converting a single-family house to non-residential. However it does call to "Limit expansion of non-residential development to areas shown as non-residential on the Future Land Use Plan as well as limiting businesses to areas zoned for non-residential activity." The Plan 2 August 3, 2006 ITEM NQ.: H (Co FILE NC.: LU06-42-01 also recommends repair and replacement of sidewalks along Arterials (Markham). ANALYSIS' The site under review is at the northwest corner of Santa Fe and Markham. The general area is single family homes with offices/institutional uses to the west. This is a developed area of Little Rock with any proposals for the area likely to be redevelopment proposals. The structures in the area appear to be in good condition and occupied. This is true for both the residential and non-residential uses in the area. To the east along Markham, the City has opposed the conversion of single-family homes to non-residential uses. To the south and north of Markham are single-family subdivisions, which are fully developed with homes. To the west are both small offices and large office buildings. This development pattern starts at this site and continues west to 1-430 for a half mile. There are a couple of churches and one retail center also located in this corridor. To the east is all Single Family until you get to the southwest corner of Markham and John Barrow Road where a commercial center has been located for many years. The tenant mix has changed significantly over the years but the occupancy rate is high for the center. Markham is a minor arterial. The function of a minor arterial is to move vehicles around the city not to provide access to adjacent land. It is important that developments along Markham be designed to limit access and signage which might reduce the efficiency of the road to move vehicles. The Planned Development with this item proposes that the access be from the side street, Santa Fe Trail. In a developed area with homes fronting a major street, the City is continually pressured to allow the conversion of the residential to non-residential uses. The City policy is not to line major roads with retail or non-residential uses. This is to discourage some of the negative affects on the street of such uses lining them. Santa Fe Trail is a local street providing access to Markham for the neighborhood to the north. This site and the house at the northeast corner front Markham rather than Santa Fe Trail. It should be noted that there are several other homes which front Markham further to the east. The City policy does not recognized that just because a home is on a major street it can no longer be residential. For that matter there are many homes on Cantrell Road, Markham and other main roads in Little Rock. Based on a review of the structures in the area, there does appear to be demand for office space in the area. There are not a large number of vacant office structures or space. However the homes in the area are also in good condition and there does not appear to be a single-family vacancy or abandonment issue W August 3, 2006 ITEM NO.: H (Cont.) FILE NO.: LU06-02-01 and there does not appear to be a single-family vacancy or abandonment issue in this area. Thus there is demand for both uses in the area. The only reason given to make a change is that the current owners of the property would like to use it for an office. No one has tried to indicate that there is more demand for office than residential in the area and thus a change is appropriate. The impact of a change in use from single family could have a negative impact on the desirability of the remaining homes. A change would introduce non- residential traffic on Santa Fe Trail, a residential street currently. Even if the current structure is used for the new use, the site will change in character with the addition of parking, signage, activity, and hours of usage. Of even larger concern is what a change to office might mean for the other homes fronting Markham to the east. The question becomes if it is okay to change this structure why not the others and what impact all these changes would have on the neighborhood. EIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood associations: Pennbrook/Clover Hill Property Owners Association, Santa Fe Heights and Treasure Hills Neighborhood Association. Pennbrook/Clover Hill Neighborhood Association, which covers this site, is opposed to the change. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (MARCH 30, 2006) Walter Malone, Planning Staff review the conditions around the site. Current there appears to be demand for both Single Family and Office use in the vicinity. Staff is concerned about the implication a change might have on other single- family properties to the east. Staff can not support the requested change. Ms. Donna James presented the Planned Office District request and the two items were heard together. For a complete record of comments see item 22.1. A motion was made to approve the application as filed. By a vote of 0 for, 10 against the request was denied. STAFF UPDATE: (July 6, 2006) The applicant applied the Planning Commission's denial to the Board of Directors. At the Board level the applicant proposed some changes to the site plan. The Board determined that the Commission should review the changes and referred the items back to the commission for your review. There is no 12 August 3, 2006 ITEM NO.: FILE NO.: LU06-02-01 change proposed in the Land Use Plan amendment. Staff remains opposed to the requested change of Suburban Office at the northwest corner of Santa Fe Trail and Markham. PLANNING COMMISSION ACTION: (August 3, 2006) Walter Malone, Planning Staff, reminded the Commission they had already heard this request. A change in the related Planned Office District has caused both items to be referred back to the Commission. Staff believes nothing has changed in the Plan Amendment request. There is still demand for both uses, Staff believes the existing single-family should not be converted to non- residential. Staff still believes the change is not appropriate. Donna James, Planning Staff, reviewed the requested Planned Office District. The applicant and a couple of those opposed addressed the Commission (their comments were on the requested reclassification). For a full minute record see item H.1: z-8006. A motion for approval was made. By a vote of 0 for, 9 against the motion failed. 5 August 3, 2006 ITEM NO.: H.1 FILE NO.: Z-8006 NAME: Atkins Short -form PD -O LOCATION: Located at 100 Santa Fe Trail DEVELOPER: Robert Atkins 10200 West Markham Street, Suite 201 B Little Rock, AR 72205 FN(;INFFR Donald Brooks Land Surveyor Arch Street Pike Hensley, AR AREA: 0.18 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING: PROPOSED USE NUMBER OF LOTS: 1 R-2, Single-family Single-family residential FT. NEW STREET: 0 LF Office — General and Professional VARIAN CESM/AIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The property located at 100 Santa Fe Trail is proposed for rezoning from R-2, single-family to PD -0 for the use of the site as an insurance agency. The intent is to retain the residential character of the property except for some additional parking and a small (32 square foot) ground mounted monument style sign. Typical business hours are from 8 am to 5 pm, Monday through Friday. Screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. Currently the business employs two agents and one administrative assistant, all full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. August 3, 2006 ITEM NO.: H.1 (Cont.) FILE NO.: Z-8006 The site plan indicates the placement of five (5) on-site parking spaces. The applicant has indicated two (2) of the parking spaces and the landscaping within the City's right-of-way. The _request includes franchising of the parking and landscaping located within the right-of-way. B. EXISTING CONDITIONS: The site contains a single-family residence with a drive located on Santa Fe Trail. Single-family homes are located to the north and east of the site. To the west of the site are office uses located on the north side of West Markham and residential uses located on the south side of West Markham. 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, all residents who could be identified located within 300 -feet of the site along with the Treasure Hill Property Owners Association, the Santa Fe Neighborhood Association and the Pennbrook Clover Hill Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special provisions. A dedication of right-of-way 35 feet from centerline will be required. 2. The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Backing out into the right-of-way is not permissible at this location by city code. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 8. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Santa Fe Trail with Markham Street. 2 August 3, 2006 NO.: H.1 (Cont. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Energy: No comment received. SBC: No comment received. FILE NO.: Z-8006 Central Arkansas Water: Contact Central Arkansas Water at 377-1225 if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 — the West Markham Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planninq Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Office District for a small professional office. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-02-01). Master Street Plan: Markham is shown as a Minor Arterial, with Santa Fe Trail a Local Street on the plan. A Minor Arterial is designed to provide connections to and through the urban area, with a primary function to move traffic not provide access to adjacent properties. A Local Street is to provide access to adjacent properties; movement of vehicles is a secondary function. There are no plans at this time to make further street improvements to either roadway. As a result of this application additional right-of-way or widening may be requested. Bicycle Plan: There are no Bike Routes shown on the City Master Bike Plan adjacent to the area under review. The closest routes are proposed to be along Rock Creek to the south and Brushy Flat Creek to the east. City Recognized Neighborhood Action Plan: The site is within the area covered by the West Markham Neighborhoods Plan. The Plan does not address the issue of converting a single-family house to non-residential. However it does call to "Limit expansion of non-residential development to areas shown as non- residential on the Future Land Use Plan as well as limiting businesses to areas zoned for non-residential activity." The Plan also recommends repair and 3 August 3, 2006 ITEM NO.: H.1 (Cont.) FILE NO.: Z-8006 replacement of sidewalks along Arterials (Markham). Landscape: 1. Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. 2. The proposed parking lot doesn't reflect the nine foot wide (9) minimum landscape strip. This is a requirement of both the landscape ordinance and the zoning ordinance. Seventy percent (70%) of this area is to remain undisturbed. 3. A three foot (3) wide landscape strip is required between the associated parking lot and the building. 4. For the proposed evergreens to count towards meeting the landscape and buffer minimums, in lieu of a fence, then they must create a year around opaque barrier. G. SUBDIVISION COMMITTEE COMMENT: (March 8, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues associated with the request. Staff stated since the request was to allow the conversion of an existing single-family structure into an office use the applicant should contact the Building Codes Division of the Department of Planning and Development to determine the potential fiscal impacts of ADA compliance. Public Works comments were addressed. Staff stated right-of-way dedication would be required along West Markham Street and Santa Fe Trail per the Master Street Plan. Staff stated the indicated parking design allowed for cars to back into the public right-of-way, which was not acceptable. Staff requested the applicant redesign the site plan to remove the backing of cars into the right-of- way. Landscaping comments were addressed. Staff stated the site plan did not reflect the nine (9) foot wide minimum landscape strip required along the northern and southern perimeters of the site. Staff also stated a three foot landscape strip would be required between the parking lot and the building. 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 March 8, 2006, Subdivision Committee meeting. The revised site El August 3, 2006 ITEM NO.: H.1 (Cont.) FILE NO.: Z-8006 plan indicates right-of-way dedication, a revised parking layout and landscaping to comply the with nine (9) foot minimum landscape strip requirement along the northern and southern perimeters of the site. The site plan indicates the placement of a monument sign located in the front yard area not to exceed six feet in height and 32 square feet. The site plan does not indicate the utilization of building signage. Staff would recommend if building signage is utilized, the signage be limited to building signage allowed in residential zones. The typical business hours are indicated from 8:00 am to 5:00 pm, Monday through Friday. A dumpster has not been located on the site. The site plan indicates screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. The site plan indicates minimum landscape strips along the northern and southern perimeters. The property located to the west has a similar zoning to the request. Currently the business employs two agents and one administrative assistant, all ,full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. The site plan indicates the placement of five (5) on-site parking spaces. The site plan indicates two (2) of the parking spaces and the landscaping within the City's right-of-way. The request includes franchising of the parking and landscaping located within the right-of-way. The intersection is a high volume intersection. The intersection currently warrants a left turn lane. Staff is not supportive of the franchise request. The revised site plan indicates the sidewalk at the right-of-way and not located as recommended by staff at one and one-half feet from right-of-way line. Staff is not supportive of the proposed request. The applicant is requesting an amendment to the City's Future Land Use Plan in addition to the rezoning request. The site is currently shown as single-family as is the property to the east of the site. The homes on Santa Fe Trail are well maintained with what appears to be stable properties and property values. There has been a line established to the west of this site limiting the intrusion of non-residential uses into this neighborhood. Staff feels the allowance of this property to become a non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use. Staff feels the unit should remain as a residential use and not be allowed this conversion. AFF RECOMMENDATION-. Staff recommends denial of the request. 5 August 3, 2006 ITEM NO.: H.1 [Cont. PLANNING COMMISSION ACTION: FILE NO.: Z-8006 (MARCH 30, 2006) Mr. Paul Atkins was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Atkins addressed the Commission on the merits of the application request. He stated his insurance firm was primarily a life and health insurance company. He stated clients did not come to the office for service and most service was provided at the client's home or business. He stated there were three employees of the business but very rarely were there three persons at the office. He stated the history of the site was the site had been a rental unit. He stated the house had not been maintained and the area residents were dissatisfied with the previous owners. He stated he had met with the neighbors and most felt the use of the site as an office use was an appropriate use. He stated the intent was to maintain the residential character of the unit and provide protection to the abutting property owners. He stated limiting the hours of operation would not interfere with the area residents. He stated signage was not necessary if the Commission deemed the indicated signage as out of character with the neighborhood. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated a lager number of the homes located in Hillcrest were rental units and the neighborhood seamed to work quiet well. She stated the neighborhood abutting the proposed office development was a stable neighborhood with a mix of family types ranging from young married families to elderly residents. She stated she felt Mr. Atkins would be a good neighborhood while he was there but when he moved to a larger office and the next office tenant moved they may not be as good of a neighbor. She stated she felt the use an inappropriate use in a residential area. Mr. Atkins stated the residents would prefer the site to be owner occupied and a family live in the unit. He stated the structure would be owner occupied just he would not live there. There was a general discussion concerning the proposed use of the site. Commissioner Yates questioned the applicant's as to their current location and the reason for moving. Mr. Atkins stated his office was located on West Markham a few blocks away. He stated this was an opportunity to own the building and not lease space. There was a general discussion concerning the proposed parking and the volume of traffic on the abutting streets. Mr. Atkins questioned if redesigning the parking outside the right-of-way would satisfy the Commission. The Commission questioned the location of the proposed parking. Mr. Atkins stated along the northern and southern portions of the building. There was a general discussion concerning the approval of the Land Use Plan verses the approval of the rezoning request. A motion was made to approve the proposed Land Use Plan Amendment (Item #22). The motion failed by a vote of 0 ayes, 10 noes 9 August 3, 2006 ITEM NO.: H.1 [Cont. I11L�:8►[91i : � IId and 1 absent. A motion was made to approve the rezoning request. The motion failed by a vote of 2 yes, 8 noes and 1 absent. STAFF UPDATE: (August 3, 2006) This item was scheduled to be heard by the Board of Directors at their June 20, 2006, Public Hearing as an appeal of the Planning Commissions recommendation of denial. At the Board of Directors meeting, the applicant indicated a modification to the site plan was being requested. The applicant indicated the site plan would be redesigned to remove the parking from the right-of-way. The Board of Directors determined any modification to the site plan reviewed by the Commission should be returned to the Commission for a recommendation of the current application request. Based on the revised site plan the Public Works Department and Landscape comments have been revised. They are as follows: ENGINEERING COMMENTS: Public Works Conditions: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special provisions. A dedication of right-of-way 35 feet from centerline will be required. 2. The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Backing out into the right-of-way is not permissible at this location by city code. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 8. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Santa Fe Trail with Markham Street. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. INA August 3, 2006 ITEM NO.: H.1 (CONT) _ _ FILE NO.: Z-8006 buffer ordinance requirements along Santa Fe Trail. The revised site plan has not indicated the dedication of right-of-way as required by the Master Street Plan. A dedication of 35 -feet from centerline of West Markham and 30 -feet from centerline on Santa Fe Trail will be required at the time of development. The site plan has indicated the radial dedication, sidewalk placement and construction and driveway width in accordance with Sections 30- 43 and 31-210. The revised site plan has also removed any obstructions to visibility within the triangular area 50 -feet back from the intersecting right-of-way line of Santa Fe Trail and West Markham Street. The revised site plan appears to place the required landscaping within the area required for right-of-way dedication along Santa Fe Trail. The sidewalk has been placed at the back of curb along Santa Fe Trail thus leaving the only available landscape area within the right-of-way. All other landscaping appears to comply with the minimum ordinance standards. The current proposal is to revise the applicant's request for the site by utilizing the existing carport for one parking space and placing three additional parking spaces on the site. As was previously indicated, the business employs two full time agents and one administrative assistant. The business services a maximum of two to three customers on site per day since most of the customer activity takes place at the customers' business or residence. The indicated parking should be adequate to serve the development. Staff continues to not support the request. The site is located in an area indicated as Single Family on the City's Future Land Use Plan as is the property to the north and east of this site. Staff feels the site should be maintained as residential to protect the area from encroachment of non-residential activities into this somewhat stable and well maintained neighborhood. As previously indicated a line has been established to the west of this site limiting the intrusion of the non-residential uses into this neighborhood. Allowing this property to become a non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use. Staff feels this unit should be maintained as a residential use and not be allowed to convert to a non-residential use as proposed. PLANNING COMMISSION ACTION: (August 3, 2006) Mr. Paul Atkins was present representing the request. There were registered objectors present. Staff stated the item was previously heard by the Commission and was at the Board of Directors on an appeal of the Commissions recommendation of denial. Staff stated the applicant had amended their site plan and the Board of Directors had returned the item to the Commission for reconsideration. Staff presented the item with a recommendation of denial. Mr. Paul Atkins stated he was now proposing to utilize the carport as parking to allow the required on-site parking. He provided the Commission with letters of support from N. August 3, 2006 ITEM NO.: H.1 CONT FILE NO.: Z-8006 the adjoining property owners. He stated the neighbors would like to see the property maintained and used as an office use rather than remain in its current stated. He stated there were a number of office and residential uses located in close proximity through out the City. He provided the Commission with a number of examples including a number in the Hillcrest neighborhood. He stated the mixing of office and residential did not appear to have hurt property values in the Hillcrest area since the neighborhood was very popular. He stated with the placement of an office use on the site this would bridge a gap for needed office adjacent to residential which existed through -out the city. Ms. Carol Young addressed the Commission in opposition of the requests. She stated she was representing the League of Women Voters of Pulaski County for the evening. She stated the League had considered the request and felt the request was inappropriate for the location. She stated the neighborhood as a whole was somewhat stable. She stated a number of the uses shown located in Hillcrest had been in existence for a number of years. She stated if they were to come in today and request a rezoning the league would likely not support the conversion. She stated it was a slippery slope when you put non-residential uses into a residential area. Ms. Nell Matthews -Monk addressed the Commission in opposition of the request. She stated she too was with the League of Women Voters but was speaking as a citizen. She stated she did not support the request. She stated the location was not appropriate for the conversion of a residential use to an office use. She stated Mr. Atkins had provided a photo of the Shelter building located on Rodney Parham Road. She stated the building was not situated the same as the residence proposed for conversion by Mr. Atkins. She stated the Rodney Parham site was located facing Rodney Parham Road and a screening fence was placed along the western perimeter to screen the adjoining homes. Mr. Atkins stated he was willing to limit the use to his ownership and if he no longer operated a business from the site the only allowable use would be residential. He stated the structure would remain residential in character and the only addition would be parking along Santa Fe. He stated it was important for an area to maintain a mix of office and residential uses for a healthy neighborhood. He stated this would reduce the number of trips by allowing persons to walk to their destination. There was a general discussion concerning the existing non-residential uses in the area. Commissioner Meyer questioned the use of the structure prior to the applicant's buying the property. Mr. Atkins stated the structure had been used as storage and a rental unit. Commissioner Laha questioned Ms. Young as to the reasoning for the League supporting day care family homes and not supporting the office use in this location. Ms. Young stated typically the League viewed daycare homes differently because they were providing a service and allowing a person, typically a female to gain economically. She stated it was viewed more as economic development than a business. There was no further discussion of the item. A motion was made to approve the request. The motion failed by a vote of 2 ayes, 7 noes and 2 absent. �7 ITEM NO.: FILE NO_: Z-8006 NAME: Atkins Short -form PD -O LOCATION: Located at 100 Santa Fe Trail DEVELOPER: Robert Atkins 10200 West Markham Street, Suite 201 B Little Rock, AR 7220 ENGINEER: Donald Brooks Land Surveyor Arch Street Pike Hensley, AR AREA: 0.18 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential FT. NEW STREET: 0 LF Office — General and Professional VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSAUREQUEST: The property located at 100 Santa Fe Trail is proposed for rezoning from R-2, single-family to PD -0 for the use of the site as an insurance agency. The intent is to retain the residential character of the property except for some additional parking and a small (32 square foot) ground mounted monument style sign. Typical business hours are from 8 am to 5 pm, Monday through Friday. Screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. Currently the business employs two agents and one administrative assistant, all full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. The site plan indicates the placement of five (5) on-site parking spaces. The applicant has indicated two (2) of the parking spaces and the landscaping within the City's right-of-way. The request includes franchising of the parking and landscaping located within the right-of-way. B. EXISTING CONDITIONS: The site contains a single-family residence with a drive located on Santa Fe Trail. Single-family homes are located to the north and east of the site. To the west of the site are office uses located on the north side of West Markham and residential uses located on the south side of West Markham. 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, all residents who could be identified located within 300 -feet of the site along with the Treasure Hill Property Owners Association, the Santa Fe Neighborhood Association and the Pennbrook Clover Hill Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special provisions. A dedication of right-of-way 35 feet from centerline will be required. 2. The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Backing out into the right-of-way is not permissible at this location by city code. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 8. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of- way line (or intersecting tangent lines for radial dedications) at the intersection of Santa Fe Trail with Markham Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water at 377-1225 if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 — the West Markham Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Office District for a small professional office. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-02-01). Master Street Plan: Markham is shown as a Minor Arterial, with Santa Fe Trail a Local Street on the plan. A Minor Arterial is designed to provide connections to and through the urban area, with a primary function to move traffic not provide access to adjacent properties. A Local Street is to provide access to adjacent properties; movement of vehicles is a secondary function. There are no plans at this time to make further street improvements to either roadway. As a result of this application additional right-of-way or widening may be requested. Bicycle Plan: There are no Bike Routes shown on the City Master Bike Plan adjacent to the area under review. The closest routes are proposed to be along Rock Creek to the south and Brushy Flat Creek to the east. City Recognized Neighborhood Action Plan: The site is within the area covered by the West Markham Neighborhoods Plan. The Plan does not address the issue of converting a single-family house to non-residential. However it does call to "Limit expansion of non-residential development to areas shown as non-residential on the Future Land Use Plan as well as limiting businesses to areas zoned for non-residential activity." The Plan also recommends repair and replacement of sidewalks along Arterials (Markham). Landscape - 1. Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. 2. The proposed parking lot doesn't reflect the nine foot wide (9) minimum landscape strip. This is a requirement of both the landscape ordinance and the zoning ordinance. Seventy percent (70%) of this area is to remain undisturbed. 3. A three foot (3) wide landscape strip is required between the associated parking lot and the building. 4. For the proposed evergreens to count towards meeting the landscape and buffer minimums, in lieu of a fence, then they must create a year around opaque barrier. G. SUBDIVISION COMMITTEE COMMENT: (March 8, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues associated -with the request. Staff stated since the request was to allow the conversion of an existing single-family structure into an office use the applicant should contact the Building Codes Division of the Department of Planning and Development to determine the potential fiscal impacts of ADA compliance. Public Works comments were addressed. Staff stated right-of-way dedication would be required along West Markham Street and Santa Fe Trail per the Master Street Plan. Staff stated the indicated parking design allowed for cars to back into the public right-of-way, which was not acceptable. Staff requested the applicant redesign the site plan to remove the backing of cars into the right-of-way. Landscaping comments were addressed. Staff stated the site plan did not reflect the nine (9) foot wide minimum landscape strip required along the northern and southern perimeters of the site. Staff also stated a three foot landscape strip would be required between the parking lot and the building. 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 March 8, 2006, Subdivision Committee meeting. The revised site plan indicates right-of-way dedication, a revised parking layout and landscaping to comply the with nine (9) foot minimum landscape strip requirement along the northern and southern perimeters of the site. The site plan indicates the placement of a monument sign located in the front yard area not to exceed six feet in height and 32 square feet. The site plan does not indicate the utilization of building signage. Staff would recommend if building signage is utilized, the signage be limited to building signage allowed in residential zones. The typical business hours are indicated from 8:00 am to 5:00 pm, Monday through Friday. A dumpster has not been located on the site. The site plan indicates screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. The site plan indicates minimum landscape strips along the northern and southern perimeters. The property located to the west has a similar zoning to the request. Currently the business employs two agents and one administrative assistant, all full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. The site plan indicates the placement of five (5) on-site parking spaces. The site plan indicates two (2) of the parking spaces and the landscaping within the City's right-of-way. The request includes franchising of the parking and landscaping located within the right-of-way. The intersection is a high volume intersection. The intersection currently warrants a left turn lane. Staff is not supportive of the franchise request. The revised site plan indicates the sidewalk at the right-of-way and not located as recommended by staff at one and one-half feet from right-of- way line. Staff is not supportive of the proposed request. The applicant is requesting an amendment to the City's Future Land Use Plan in addition to the rezoning request. The site is currently shown as single-family as is the property to the east of the site. The homes on Santa Fe Trail are well maintained with what appears to be stable properties and property values. There has been a line established to the west of this site limiting the intrusion of non-residential uses into this neighborhood. Staff feels the allowance of this property to become a non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use. Staff feels the unit should remain as a residential use and not be allowed this conversion. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MARCH 30, 2006) Mr. Paul Atkins was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Atkins addressed the Commission on the merits of the application request. He stated his insurance firm was primarily a life and health insurance company. He stated clients did not come to the office for service and most service was provided at the client's home or business. He stated there were three employees of the business but very rarely were there three persons at the office. He stated the history of the site was the site had been a rental unit. He stated the house had not been maintained and the area residents were dissatisfied with the previous owners. He stated he had met with the neighbors and most felt the use of the site as an office use was an appropriate use. He stated the intent was to maintain the residential character of the unit and provide protection to the abutting property owners. He stated limiting the hours of operation would not interfere with the area residents. He stated signage was not necessary if the Commission deemed the indicated signage as out of character with the neighborhood. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated a lager number of the homes located in Hillcrest were rental units and the neighborhood seamed to work quiet well. She stated the neighborhood abutting the proposed office development was a stable neighborhood with a mix of family types ranging from young married families to elderly residents. She stated she felt Mr. Atkins would be a good neighborhood while he was there but when he moved to a larger office and the next office tenant moved they may not be as good of a neighbor. She stated she felt the use an inappropriate use in a residential area. Mr. Atkins stated the residents would prefer the site to be owner occupied and a family live in the unit. He stated the structure would be owner occupied just he would not live there. There was a general discussion concerning the proposed use of the site. Commissioner Yates questioned the applicant's as to their current location and the reason for moving. Mr. Atkins stated his office was located on West Markham a few blocks away. He stated this was an opportunity to own the building and not lease space. There was a general discussion concerning the proposed parking and the volume of traffic on the abutting streets. Mr. Atkins questioned if redesigning the parking outside the right-of-way would satisfy the Commission. The Commission questioned the location of the proposed parking. Mr. Atkins stated along the northern and southern portions of the building. There was a general discussion concerning the approval of the Land Use Plan verses the approval of the rezoning request. A motion was made to approve the proposed Land Use Plan Amendment (Item #22). The motion failed by a vote of 0 ayes, 10 noes and 1 absent. A motion was made to approve the rezoning request. The motion failed by a vote of 2 yes, 8 noes and 1 absent. STAFF UPDATE: This item was scheduled to be heard by the Board of Directors at their June 20, 2006, Public Hearing as an appeal of the Planning Commissions recommendation of denial. At the Board of Directors meeting, the applicant indicated a modification to the site plan was being requested. The applicant indicated the site plan would be redesigned to remove the parking from the right-of-way. The Board of Directors determined any modification to the site plan reviewed by the Commission should be returned to the Commission for a recommendation of the current application request. Based on the revised site plan the Public Works Department and Landscape comments have been revised. They are as follows: 1. ENGINEERING COMMENTS: Public Works Conditions: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special provisions. A dedication of right-of-way 35 feet from centerline will be required. 2. The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Backing out into the right-of-way is not permissible at this location by city code. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 8. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of- way line (or intersecting tangent lines for radial dedications) at the intersection of Santa Fe Trail with Markham Street. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. 2. The proposed site plan does not appear to meet the minimum landscaping and buffer ordinance requirements along Santa Fe Trail. The revised site plan has not indicated the dedication of right-of-way as required by the Master Street Plan. A dedication of 35 -feet from centerline of West Markham and 30 -feet from centerline on Santa Fe Trail will be required at the time of development. The site plan has indicated the radial dedication, sidewalk placement and construction and driveway width in accordance with Sections 30-43 and 31-210. The revised site plan has also removed any obstructions to visibility within the triangular area 50 - feet back from the intersecting right-of-way line of Santa Fe Trail and West Markham Street. The revised site plan appears to place the required landscaping within the area required for right-of-way dedication along Santa Fe Trail. The sidewalk has been placed at the back of curb along Santa Fe Trail thus leaving the only available landscape area within the right-of-way. All other landscaping appears to comply with the minimum ordinance standards. The current proposal is to revise the applicant's request for the site by utilizing the existing carport for one parking space and placing three additional parking spaces on the site. As was previously indicated, the business employs two full time agents and one administrative assistant. The business services a maximum of two to three customers on site per day since most of the customer activity takes place at the customers' business or residence. The indicated parking should be adequate to serve the development. Staff continues to not support the request. The site is located in an area indicated as Single Family on the City's Future Land Use Plan as is the property to the north and east of this site. Staff feels the site should be maintained as residential to protect the area from encroachment of non- residential activities into this somewhat stable and well maintained neighborhood. As previously indicated a line has been established to the west of this site limiting the intrusion of the non-residential uses into this neighborhood. Allowing this property to become a non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use. Staff feels this unit should be maintained as a residential use and not be allowed to convert to a non-residential use as proposed. PLANNING COMMISSION ACTION: (August 3, 2006) Mr. Paul Atkins was present representing the request. There were registered objectors present. Staff stated the item was previously heard by the Commission and was at the Board of Directors on an appeal of the Commissions recommendation of denial. Staff stated the applicant had amended their site plan and the Board of Directors had returned the item to the Commission for reconsideration. Staff presented the item with a recommendation of denial. Mr. Paul Atkins stated he was now proposing to utilize the carport as parking to allow the required on-site parking. He provided the Commission with letters of support from the adjoining property owners. He stated the neighbors would like to see the property maintained and used as an office use rather than remain in its current stated. He stated there were a number of office and residential uses located in close proximity through out the City. He provided the Commission with a number of examples including a number in the Hillcrest neighborhood. He stated the mixing of office and residential did not appear to have hurt property values in the Hillcrest area since the neighborhood was very popular. He stated with the placement of an office use on the site this would bridge a gap for needed office adjacent to residential which existed through -out the city. Ms. Carol Young addressed the Commission in opposition of the requests. She stated she was representing the League of Women Voters of Pulaski County for the evening. She stated the League had considered the request and felt the request was inappropriate for the location. She stated the neighborhood as a whole was somewhat stable. She stated a number of the uses shown located in Hillcrest had been in existence for a number of years. She stated if they were to come in today and request a rezoning the league would likely not support the conversion. She stated it was a slippery slope when you put non- residential uses into a residential area. Ms. Nell Matthews -Monk addressed the Commission in opposition of the request. She stated she too was with the League of Women Voters but was speaking as a citizen. She stated she did not support the request. She stated the location was not appropriate for the conversion of a residential use to an office use. She stated Mr. Atkins had provided a photo of the Shelter building located on Rodney Parham Road. She stated the building was not situated the same as the residence proposed for conversion by Mr. Atkins. She stated the Rodney Parham site was located facing Rodney Parham Road and a screening fence was placed along the western perimeter to screen the adjoining homes. Mr. Atkins stated he was willing to limit the use to his ownership and if he no longer operated a business from the site the only allowable use would be residential. He stated the structure would remain residential in character and the only addition would be parking along Santa Fe. He stated it was important for an area to maintain a mix of office and residential uses for a healthy neighborhood. He stated this would reduce the number of trips by allowing persons to walk to their destination. There was a general discussion concerning the existing non-residential uses in the area. Commissioner Meyer questioned the use of the structure prior to the applicant's buying the property. Mr. Atkins stated the structure had been used as storage and a rental unit. Commissioner Laha questioned Ms. Young as to the reasoning for the League supporting day care family homes and not supporting the office use in this location. Ms. Young stated typically the League viewed daycare homes differently because they were providing a service and allowing a person, typically a female to gain economically. She stated it was viewed more as economic development than a business. There was no further discussion of the item. A motion was made to approve the request. The motion failed by a vote of 2 ayes, 7 noes and 2 absent. FILE NO.: Z-8006 NAME: Atkins Short -form PD -O LOCATION: Located at 100 Santa Fe Trail DEVELOPER: Robert Atkins 10200 West Markham Street, Suite 201 B Little Rock, AR 72205 FNGINFFR, Donald Brooks Land Surveyor Arch Street Pike Hensley, AR AREA: 0.18 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: VARIAN C ES)WAIVERS NUMBER OF LOTS: 1 R-2, Single-family Single-family residential FT. NEW STREET: 0 LF Office — General and Professional UESTED: None requested. A. PROPOSAUREQUEST: The property located at 100 Santa Fe Trail is proposed for rezoning from R-2, single-family to PD -O for the use of the site as an insurance agency. The intent is to retain the residential character of the property except for some additional parking and a small (32 square foot) ground mounted monument style sign. Typical business hours are from 8 am to 5 pm, Monday through Friday. Screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. Currently the business employs two agents and one administrative assistant, all full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. FILE NO.: Z-8006 (Cont.) The site plan indicates the placement of five (5) on-site parking spaces. The applicant has indicated two (2) of the parking spaces and the landscaping within the City's right-of-way. The request includes franchising of the parking and landscaping located within the right-of-way. B. EXISTING CONDITIONS: The site contains a single-family residence with a drive located on Santa Fe Trail. Single-family homes are located to the north and east of the site. To the west of the site are office uses located on the north side of West Markham and residential uses located on the south side of West Markham. 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, all residents who could be identified located within 300 -feet of the site along with the Treasure Hill Property Owners Association, the Santa Fe Neighborhood Association and the Pennbrook Clover Hill Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special provisions. A dedication of right-of-way 35 feet from centerline will be required. 2. The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Backing out into the right-of-way is not permissible at this location by city code. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 8. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Santa Fe Trail with Markham Street. 2 FILE NO.: Z-8006 Cont. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Energy: No comment received. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water at 377-1225 if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 — the West Markham Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Office District for a small professional office. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-02-01). Master Street Plan: Markham is shown as a Minor Arterial, with Santa Fe Trail a Local Street on the plan. A Minor Arterial is designed to provide connections to and through the urban area, with a primary function to move traffic not provide access to adjacent properties. A Local Street is to provide access to adjacent properties; movement of vehicles is a secondary function. There are no plans at this time to make further street improvements to either roadway. As a result of this application additional right-of-way or widening may be requested. Bicycle Plan: There are no Bike Routes shown on the City Master Bike Plan adjacent to the area under review. The closest routes are proposed to be along Rock Creek to the south and Brushy Flat Creek to the east. City Recognized Neighborhood Action Plan: The site is within the area covered by the West Markham Neighborhoods Plan. The Plan does not address the issue of converting a single-family house to non-residential. However it does call to "Limit expansion of non-residential development to areas shown as non- residential on the Future Land Use Plan as well as limiting businesses to areas KI FILE NO.- 2-8006 (Cont.) zoned for non-residential activity." The Plan also recommends repair and replacement of sidewalks along Arterials (Markham). Landscape: 1. Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. 2. The proposed parking lot doesn't reflect the nine foot wide (9) minimum landscape strip. This is a requirement of both the landscape ordinance and the zoning ordinance. Seventy percent (70%) of this area is to remain undisturbed. 3. A three foot (3) wide landscape strip is required between the associated parking lot and the building. 4. For the proposed evergreens to count towards meeting the landscape and buffer minimums, in lieu of a fence, then they must create a year around opaque barrier. G. SUBDIVISION COMMITTEE COMMENT: (March 8, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues associated with the request. Staff stated since the request was, to allow the conversion of an existing single-family structure into an office use the applicant should contact the Building Codes Division of the Department of Planning and Development to determine the potential fiscal impacts of ADA compliance. Public Works comments were addressed. Staff stated right-of-way dedication would be required along West Markham Street and Santa Fe Trail per the Master Street Plan. Staff stated the indicated parking design allowed for cars to back into the public right-of-way, which was not acceptable. Staff requested the applicant redesign the site plan to remove the backing of cars into the right-of- way. Landscaping comments were addressed. Staff stated the site plan did not reflect the nine (9) foot wide minimum landscape strip required along the northern and southern perimeters of the site. Staff also stated a three foot landscape strip would be required between the parking lot and the building. 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 March 8, 2006, Subdivision Committee meeting. The revised site plan indicates right-of-way dedication, a revised parking layout and landscaping 12 FILE NO.: Z-8005 �Co to comply the with nine (9) foot minimum landscape strip requirement along the northern and southern perimeters of the site. The site plan indicates the placement of a monument sign located in the front yard area not to exceed six feet in height and 32 square feet. The site plan does not indicate the utilization of building signage. Staff would recommend if building signage is utilized, the signage be limited to building signage allowed in residential zones. The typical business hours are indicated from 8:00 am to 5:00 pm, Monday through Friday. A dumpster has not been located on the site. The site plan indicates screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. The site plan indicates minimum landscape strips along the northern and southern perimeters. The property located to the west has a similar zoning to the request. Currently the business employs two agents and one administrative assistant, all full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. The site plan indicates the placement of five (5) on-site parking spaces. The site plan indicates two (2) of the parking spaces and the landscaping within the City's right-of-way. The request includes franchising of the parking and landscaping located within the right-of-way. The intersection is a high volume intersection. The intersection currently warrants a left turn lane. Staff is not supportive of the franchise request. The revised site plan indicates the sidewalk at the right-of-way and not located as recommended by staff at one and one-half feet from right-of-way line. Staff is not supportive of the proposed request. The applicant is requesting an amendment to the City's Future Land Use Plan in addition to the rezoning request. The site is currently shown as single-family as is the property to the east of the site. The homes on Santa Fe Trail are well maintained with what appears to be stable properties and property values. There has been a line established to the west of this site limiting the intrusion of non-residential uses into this neighborhood. Staff feels the allowance of this property to become a non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use. Staff feels the unit should remain as a residential use and not be allowed this conversion. STAFF RECOMMENDATION: Staff recommends denial of the request. 5 FILE NO.: Z-8006 (Cont-) PLANNING COMMISSION ACTION: (MARCH 30, 2006) Mr. Paul Atkins was present representing the request. There was one registered objector present. Staff presented the item with a recommendation of denial. Mr. Atkins addressed the Commission on the merits of the application request. He stated his insurance firm was primarily a life and health insurance company. He stated clients did not come to the office for service and most service was provided at the client's home or business. He stated there were three employees of the business but very rarely were there three persons at the office. He stated the history of the site was the site had been a rental unit. He stated the house had not been maintained and the area residents were dissatisfied with the previous owners. He stated he had met with the neighbors and most felt the use of the site as an office use was an appropriate use. He stated the intent was to maintain the residential character of the unit and provide protection to the abutting property owners. He stated limiting the hours of operation would not interfere with the area residents. He stated signage was not necessary if the Commission deemed the indicated signage as out of character with the neighborhood. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated a lager number of the homes located in Hillcrest were rental units and the neighborhood seamed to work quiet well. She stated the neighborhood abutting the proposed office development was a stable neighborhood with a mix of family types ranging from young married families to elderly residents. She stated she felt Mr. Atkins would be a good neighborhood while he was there but when he moved to a larger office and the next office tenant moved they may not be as good of a neighbor. She stated she felt the use an inappropriate use in a residential area. Mr. Atkins stated the residents would prefer the site to be owner occupied and a family live in the unit. He stated the structure would be owner occupied just he would not live there. There was a general discussion concerning the proposed use of the site. Commissioner Yates questioned the applicant's as to their current location and the reason for moving. Mr. Atkins stated his office was located on West Markham a few blocks away. He stated this was an opportunity to own the building and not lease space. There was a general discussion concerning the proposed parking and the volume of traffic on the abutting streets. Mr. Atkins questioned if redesigning the parking outside the right-of-way would satisfy the Commission. The Commission questioned the location of the proposed parking. Mr. Atkins stated along the northern and southern portions of the building. There was a general discussion concerning the approval of the Land Use Plan verses the approval of the rezoning request. A motion was made to approve the proposed Land Use Plan Amendment (Item #22). The motion failed by a vote of 0 ayes, 10 noes R FILE NO.: Z-8006_LCont.) and 1 absent. A motion was made to approve the rezoning request. The motion failed by a vote of 2 yes, 8 noes and 1 absent. 7 March 30, 2006 ITEM NO.: 22.1 NAME: Atkins Short -form PD -O LOCATION: Located at 100 Santa Fe Trail DEVELOPER: Robert Atkins 10200 West Markham Street, Suite 201 B Little Rock, AR 72205 ENGINEER: Donald Brooks Land Surveyor Arch Street Pike Hensley, AR AREA: 0.18 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential FILE NO.: Z-8006 FT. NEW STREET: 0 LF Office — General and Professional VARIAN C ESIWAIVERS REQUESTED: None requested. A. PROPOSAUREQUEST: The property located at 100 Santa Fe Trail is proposed for rezoning from R-2, single-family to PD -O for the use of the site as an insurance agency. The intent is to retain the residential character of the property except for some additional parking and a small (32 square foot) ground mounted monument style sign. Typical business hours are from 8 am to 5 pm, Monday through Friday. Screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. Currently the business employs two agents and one administrative assistant, all full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. March 30, 2006 SUBDIVISION ITEM NO.: 22.1 (Cont.1 FILE NO.: Z-8000 The site plan indicates the placement of five (5) on-site parking spaces. The applicant has indicated two (2) of the parking spaces and the landscaping within the City's right-of-way. The request includes franchising of the parking and landscaping located within the right-of-way. B. EXISTING CONDITIONS: The site contains a single-family residence with a drive located on Santa Fe Trail. Single-family homes are located to the north and east of the site. To the west of the site are office uses located on the north side of West Markham and residential uses located on the south side of West Markham. 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, all residents who could be identified located within 300 -feet of the site along with the Treasure Hill Property Owners Association, the Santa Fe Neighborhood Association and the Pennbrook Clover Hill Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: Public Works Conditions: 1. Markham Street is classified on the Master Street Plan as a minor arterial with special provisions. A dedication of right-of-way 35 feet from centerline will be required. 2. The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 6. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Backing out into the right-of-way is not permissible at this location by city code. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1817 (Derrick Bergfield) for more information. 8. In accordance with Section 32-8, no obstruction to visibility shall be located 2 March 30, 2006 SUBDIVISION ITEM NO.: 22.1 Cont. FILE NO.: Z-8006 within a triangular area 50 feet back from the intersecting right=of--way line (or intersecting tangent lines for radial dedications) at the intersection of Santa Fe Trail with Markham Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available, not adversely affected. Entergy: No comment received. Center -Point Ener : No comment received. SBC: No comment received. Central Arkansas Water: Contact Central Arkansas Water at 377-1225 if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 — the West Markham Bus Route. F. ISSUES/TECHNICAUDESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Planned Office District for a small professional office. A land use plan amendment for a change to Suburban Office is a separate item on this agenda (LU06-02-01). Master Street Plan: Markham is shown as a Minor Arterial, with Santa Fe Trail a Local Street on the plan. A Minor Arterial is designed to provide connections to and through the urban area, with a primary function to move traffic not provide access to adjacent properties. A Local Street is to provide access to adjacent properties; movement of vehicles is a secondary function. There are no plans at this time to make further street improvements to either roadway. As a result of this application additional right-of-way or widening may be requested. Bicycle Plan: There are no Bike Routes shown on the City Master Bike Plan adjacent to the area under review. The closest routes are proposed to be along Rock Creek to the south and Brushy Flat Creek to the east. 3 March 30, 2006 SUBDIVISION ITEM NO.: 22.11(Cont.)FILE NO.: Z-8006 CiIY Recognized Neighborhood Action Plan: The site is within the area covered by the West Markham Neighborhoods Plan. The Plan does not address the issue of converting a single-family house to non-residential. However it does call to "Limit expansion of non-residential development to areas shown as non- residential on the Future Land Use Plan as well as limiting businesses to areas zoned for non-residential activity." The Plan also recommends repair and replacement of sidewalks along Arterials (Markham). Landscape: 1. Site plan must comply with the City's minimal landscape and buffer minimal ordinance requirements. 2. The proposed parking lot doesn't reflect the nine foot wide (9) minimum landscape strip. This is a requirement of both the landscape ordinance and the zoning ordinance. Seventy percent (70%) of this area is to remain undisturbed. 3. A three foot (3) wide landscape strip is required between the associated parking lot and the building. 4. For the proposed evergreens to count towards meeting the landscape and buffer minimums, in lieu of a fence, then they must create a year around opaque barrier. G. SUBDIVISION COMMITTEE COMMENT: (March 8, 2006) The applicant was present representing the request. Staff presented an overview of the proposed development indicating there were outstanding issues associated with the request. Staff stated since the request was to allow the conversion of an existing single-family structure into an office use the applicant should contact the Building Codes Division of the Department of Planning and Development to determine the potential fiscal impacts of ADA compliance. Public Works comments were addressed. Staff stated right-of-way dedication would be required along West Markham Street and Santa Fe Trail per the Master Street Plan. Staff stated the indicated parking design allowed for cars to back into the public right-of-way, which was not acceptable. Staff requested the applicant redesign the site plan to remove the backing of cars into the right-of- way. Landscaping comments were addressed. Staff stated the site plan did not reflect the nine (9) foot wide minimum landscape strip required along the northern and southern perimeters of the site. Staff also stated a three foot landscape strip would be required between the parking lot and the building. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. 4 March 30, 2006 SUBDIVISION ITEM NO.: 22.E Cont_ FILE NO.: Z-8006 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 March 8, 2006, Subdivision Committee meeting. The revised site plan indicates right-of-way dedication, a revised parking layout and landscaping to comply the with nine (9) foot minimum landscape strip requirement along the northern and southern perimeters of the site. The site plan indicates the placement of a monument sign located in the front yard area not to exceed six feet in height and 32 square feet. The site plan does not indicate the utilization of building signage. Staff would recommend if building signage is utilized, the signage be limited to building signage allowed in residential zones. The typical business hours are indicated from 8:00 am to 5:00 pm, Monday through Friday. A dumpster has not been located on the site. The site plan indicates screening will be provided along the northern perimeter of the site with the placement of a six (6) foot wood fence in the rear portion of the property and the placement of evergreen shrubs near the front of the property. The site plan indicates minimum landscape strips along the northern and southern perimeters. The property located to the west has a similar zoning to the request. Currently the business employs two agents and one administrative assistant, all full time with no plans for additional employees. Customer traffic is anticipated at two (2) to three (3) per day but usually traffic is only two (2) to three (3) per week. The site plan indicates the placement of five (5) on-site parking spaces. The site plan indicates two (2) of the parking spaces and the landscaping within the City's right-of-way. The request includes franchising of the parking and landscaping located within the right-of-way. The intersection is a high volume intersection. The intersection currently warrants a left tum lane. Staff is not supportive of the franchise request. The revised site plan indicates the sidewalk at the right-of-way and not located as recommended by staff at one and one-half feet from right-of-way line. Staff is not supportive of the proposed request. The applicant is requesting an amendment to the City's Future Land Use Plan in addition to the rezoning request. The site is currently shown as single-family as is the property to the east of the site. The homes on Santa Fe Trail are well maintained with what appears to be stable properties and property values. There has been a line established to the west of this site limiting the intrusion of non-residential uses into this neighborhood. Staff feels the allowance of this property to become a 5 March 30, 2006 SUBDIVISION ITEM NO.: 22.1 Cont. FILE NO.: Z-8006 non-residential use will erode into the neighborhood thus encouraging other properties to seek a similar use. Staff feels the unit should remain as a residential use and not be allowed this conversion. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MARCH 30, 2006). Mr. Paul Atkins was present representing the request. TI,-Iere was one registered objector present. Staff presented the item with a recomm9ndation of denial. Mr. Atkins addressed the Commission on the merits of the application request. He stated his insurance firm was primarily a life and health insurance company. He stated clients did not come to the office for service and most service was provided at the client's home or business. He statzd there were three employees of the business but very rarely were there three pe; "sons at the office. He stated the history of the site was the site had been a rentalunit. He stated the house had not been maintained and the area residents were 0115satisfied with the previous owners. He stated he had met with the neighbors and most felt the use of the site as an office use was an appropriate use. He stated the intent was to maintain the residential character of the unit and provide protection to the abutting property owners. He stated limiting the hours of operation would not interfere with the area residents. He stated signage was not necessary if the Commission deemed the indicated signage as out of character with the neighborhood. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated a lager number of the homes located in Hillcrest were rental units and the neighborhood seamed to work quiet well. She stated the neighborhood abutting the proposed office development was a stable neighborhood with a mix of family types ranging from young married families to elderly residents. She stated she felt Mr. Atkins would be a good neighborhood while he was there but when he moved to a larger office and the next office tenant moved they may not be as good of a neighbor. She stated she felt the use an inappropriate use in a residential area. Mr. Atkins stated the residents would prefer the site to be owner occupied and a family live in the unit. He stated the structure would be owner occupied just he would not live there. There was a general discussion concerning the proposed use of the site. Commissioner Yates questioned the applicant's as to their current location and the reason for moving. Mr. Atkins stated his office was located on West Markham a few blocks away. He stated this was an opportunity to own the building and not lease space. D March 30, 2006 SUBDIVISION ITEM NO.: 22.1 There was a general discussion traffic on the abutting streets. Mr the right-of-way would satisfy t location of the proposed parking. portions of the building. FILE NO.: Z-8006 concerning the proposed parking and the volume of Atkins questioned if redesigning the parking outside he Commission. The Commission questioned the Mr. Atkins stated along the northern and southern There was a general discussion concerning the approval of the Land Use Plan verses the approval of the rezoning request. A motion was made to approve the proposed Land Use Plan Amendment (Item #22). The motion failed by a vote of 0 ayes, 10 noes and 1 absent. A motion was made to approve the rezoning request. The motion failed by a vote of 2 yes, 8 noes and 1 absent. VA ITEM NO.: 22.1 Z-8006 NAME: Atkins Short -form POD LOCATION: located at 100 Santa Fe Trail V 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 March 15, 2006. The Office of Planning and Development must receive the proof of notice no later than March 24, 2006. 2. The applicant has indicated signage a maximum of thirty-two square feet in area and six feet in height. The indicated signage is consistent with signage allowed in office zones. 3. The cover letter indicates enclosing the existing carport for additional office space. The structure contains approximately 1,000 square feet with an additional 430 square feet for the carport structure. The site plan indicates the placement of seven parking spaces on the site. Based on the indicated square footage three parking spaces would typically be required. 4. The applicant has indicated the days and hours of operation from 8:00 am to 5:00 pm Monday through Friday and three employees, 2 agents and 1 administrative assistant. 5. For the conversion of a single-family structure into a non-residential use there are specific building codes which must be complied with including ADA Requirements. Contact the Little Rock Building Codes Division of the Department of Planning and Development for specifics for this comment. (Mark Whitaker at 371-4839, David '-' McClymont at 371-4875 or Rex Lyons at 371-4724). Variance/Waivers: None requested Public Works Conditions: J 1. Markham Street is classified on the Master Street Plan as a minor arterial with special provisions. A dedication of right-of-way 35 feet from centerline will be required. 2. The proposed land use would classify Santa Fe Trail on the Master Street Plan as a commercial street. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Santa Fe Trail. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 5. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Item # 22.1. 6. Driveway locations and widths d6 not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. Backing out into the right-of-way is not permissible at this location by city code. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379- 1817 (Derrick Bergfield) for more information. 8. In accordance with Section 32-8, no obstruction to visibility shall be located within a triangular area 50 feet back from the intersecting right-of-way line (or intersecting tangent lines for radial dedications) at the intersection of Santa Fe Trail with Markham Street. Utilities and Fire Department/County Planning: Wastewater: Sewer available, not adversely affected. Entergy Center -Point Energy: SBC: Central Arkansas Water: Contact Central Arkansas Water at 377-1225 if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located on CATA Bus Route #5 — the West Markham Bus Route. Planning Division: Landscape: Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, March 15, 2006. Item # 22.1. Additional Landscaping Comments: 22.1 Atkins (Z-8006) Site plan must comply with the cities minimal landscape and buffer minimal ordinance requirements. The proposed parking lot doesn't reflect the nine foot wide (9) minimum landscape strip. This is a requirement of both the landscape ordinance and the zoning ordinance. Seventy percent (70%) of this area is to remain undisturbed. A three foot (3) wide landscape strip is required between the associated parking lot and the building. For the proposed evergreens to count towards meeting the landscape and buffer minimums, in lieu of a fence, then they must create a year around opaque barrier.