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HomeMy WebLinkAboutZ-8094 Staff AnalysisFILE NO.: Z-8094 NAME: Maxton Enterprises Short -form POD LOCATION: Located at 5921 H Street DEVELOPER: Maxton Enterprises, LLC 5921 H Street Little Rock, AR 72205 .qI IR\/FynR- Donald W. Brooks, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.5 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: NUMBER OF LOTS: 1 0-3 and POD FT. NEW STREET: 0 LF General Office District uses and a Parking Lot im PROPOSED USE: 0-3 uses with the allowance of 49% of the site with the 0-3 listed Accessory uses and a Consignment Shop VARIAN CESM/AIVERS REQUESTED: None requested. A. PROPOSAL: The applicant is proposing to rezone this site from 0-3, General Office District to POD to increase the allowable percentage of accessory uses within this existing office building. The building contains 5,400 square feet of space and currently houses office uses, a consignment shop, beauty shop and a health studio. The applicant is proposing increasing the allowable Accessory uses from the existing 10 percent to 49 percent with the addition of a consignment shop as an allowable use within the 49 percent. FILE NO.: Z-8094 Cont. B. EXISTING CONDITIONS: The site contains an existing strip office building with parking located along the street. There are a number of public and institutional uses located in the area including a public school and public library. North of the site is the athletic field for the Public School. There is an office use located east of the site. South of the site is a multi- family development. There are single-family homes located to the southeast along Buchanan Street. West of the site is a commercial use fronting University Avenue. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The Hillcrest Resident's Association, the Evergreen Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. "H" Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. Provide survey of property showing the centerline of "H" Street. 2. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this site. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #8 — Rodney Parham Route. 4 FILE NO.: Z-8094 [Cont. F. ISSUES/TECHNICAUDESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied a Short - form POD to rezone the site from 0-3, General Office District to a Planned Office Development to increase the allowable commercial activity on the site from 10 percent to a maximum of 49 percent. A land use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda (LU06-04-01). Master Street Plan: H Street is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: A Class III bike route is shown on H Street directly in front of this property.T A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. While the plan does not address this specific location, it does state a need for "more mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station. Mixed-use means more opportunities for residential over commercial in existing commercial areas." Landscape - 1 . andscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) The applicant was not present. Staff presented an overview of the proposed development indicating they would contact the applicant and resolve any outstanding issues associated with the request prior to the Commission meeting. 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 the technical issues raised at the August 24, 2006, Subdivision Committee meeting. The request is to allow the rezoning of the site from 0-3, General Office District to POD to allow an increase in the percentage of accessory uses within this existing office building from a maximum of ten (10) percent to forty-nine (49) percent. The building contains 5,400 square feet of space and currently houses office uses, a consignment shop, a beauty salon and a health studio. 1 FILE NO.: Z-8094 (Cont.) The building is sectioned in five (5) bays. Three bays contain 800 square feet, one bay 600 square feet and the third bay contains 2,400 square feet. The defined accessory uses under the 0-3, General Office District Zoning District are as follows: Antique shop, Barber and beauty shop, Book and stationary store, Camera shop, Cigar, tobacco or candy store, Clothing store, Custom sewing or millinery, Drugstore or pharmacy, Eating place without drive in service, Florist shop, Health studio or spa, Hobby shop, Jewelry store, Key shop, Laundry pickup station and Tailor shop. In addition to the listed uses the applicant is requesting a Consignment shop as an allowable use. Presently the 0-3 zoning district allows ten (10) percent of the total floor area of the site to be used as one of the listed uses. Presently the accessory uses and the consignment shop occupy 40.7 percent of the total floor area. The site presently has 21 on-site parking spaces and nine (9) parallel parking spaces located in front of the building along H Street in the public right-of-way. Based on the typical minimum parking required for an office and retail development 15 parking spaces would typically be required. The request includes the placement of modular building and dumpster along the alley to the east of the site. The building and the dumpster are located within the parking lot area. The applicant has indicated the building will be used for file storage of the office user. The dumpster is a shared dumpster for the center. The request includes not placing screening around the dumpster facility. According to the applicant the dumpster is not visible from the adjacent residences or businesses. Staff recommends the dumpster be screened per minimum ordinance standards. Staff is not supportive of the application as proposed. Staff is supportive of allowing the existing consignment shop, the beauty salon and health studio to continue to occupy the site in their present form. Staff recommends once these businesses vacate their space the allowable uses be limited to no more than 26 percent of the site as one of the listed accessory uses under the 0-3 zoning district classification and the consignment shop no longer be an allowable use for the site. Staff recommends denial of the request as filed. 12 FILE NO.: Z NAME: Maxton Enterprises Short -form POD LOCATION: Located at 5921 H Street DEVELOPER: -Maxton Enterprises, LLC 5921 H Street Little Rock, AR 72205 SURVEYOR: Donald W. Brooks, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.5 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 1 Aac�JaiL FT. NEW STREET: 0 LF General Office District uses and a Parking Lot -ON PROPOSED USE: 0-3 uses with the allowance of 49% of the site with the 0-3 listed Accessory uses and a Consignment Shop VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL: The applicant is proposing to rezone this site from 0-3, General Office District to POD to increase the allowable percentage of accessory uses within this existing office building. The building contains 5,400 square feet of space and currently houses office uses, a consignment shop, beauty shop and a health studio. The applicant is proposing increasing the allowable Accessory uses from the existing 10 percent to 49 percent with the addition of a consignment shop as an allowable use within the 49 percent. C" A E LE NO.: Z-8094 (CONT. EXISTING CONDITIONS: The site contains an existing strip office building with parking located along the street. There are a number of public and institutional uses located in the area including a public school and public library. North of the site is the athletic field for the Public School. There is an office use located east of the site. South of the site is a multi -family development. There are single-family homes located to the southeast along Buchanan Street. West of the site is a commercial use fronting University Avenue. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The Hillcrest Resident's Association, the Evergreen Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200 -feet of the site were notified of the Public Hearing. GINEERING COMMENTS: Public Works: 1. "H" Street is classified on the Master Street Plan as dedication of right-of-way 30 feet from centerline will survey of property showing the centerline of "H" Street. 2. Obtain a franchise agreement from Public Works (John improvements located in the right-of-way. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this site. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. a collector street. A be required. Provide Barr, 371-4646) for the Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning.: No comment. FA FILE NO.. Z-8094 CONT. CATA: The site is located on CATA Bus Route #8 — Rodney Parham Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied a Short -form POD to rezone the site from 0-3, General Office District to a Planned Office Development to increase the allowable commercial activity on the site from 10 percent to a maximum of 49 percent. A land -use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda (LU06-04-01). Master Street Plan: H Street is shown as a Collector on the Master Street Plan. The primary function Arterials. of a Collector Street is to provide a connection from Local Streets to Bicycle Plan: A Class III bike route is shown on H Street directly in front of this property. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. While the plan does not address this specific location, it does state a need for "more mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station. Mixed-use means more opportunities for residential over commercial in existing commercial areas." Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT. (August 24, 2006) The applicant was not present. Staff presented an overview of the proposed development indicating they would contact the applicant and resolve any outstanding issues associated with the request prior to the Commission meeting. 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 the technical issues raised at the August 24, 2006, Subdivision Committee meeting. The request is to allow the rezoning of the site from 0-3, General Office District to POD to allow an increase in the percentage of accessory uses within this existing office building from a maximum of ten (10) percent to forty-nine (49) percent. The building contains FILE. NO.: Z-8094 (CONT.) 5,400 square feet of space and currently houses office uses, a consignment shop, a beauty salon and a health studio. The building is sectioned in five (5) bays. Three bays contain 800 square feet, one bay 600 square feet and the third bay contains 2,400 square feet. The defined accessory uses under the 0-3, General Office District Zoning District are as follows: Antique shop, Barber and beauty shop, Book and stationary store, Camera shop, Cigar, tobacco or candy store, Clothing store, Custom sewing or millinery, Drugstore or pharmacy, Eating place without drive in service, Florist shop, Health studio or spa, Hobby shop, Jewelry store, Key shop, Laundry pickup station and Tailor shop. In addition to the listed uses the applicant is requesting a Consignment shop as an allowable use. Presently the 0-3 zoning district allows ten (10) percent of the total floor area of the site to be used as one of the listed uses. Presently the accessory uses and the consignment shop occupy 40.7 percent of the total floor area. The site presently has 21 on-site parking spaces and nine (9) parallel parking spaces located in front of the building along H Street in the public right-of-way. Based on the typical minimum parking required for an office and retail development 15 parking spaces would typically be required. The request includes the placement of modular building and dumpster along the alley to the east of the site. The building and the dumpster are located within the parking lot area. The applicant has indicated the building will be used for file storage of the office user. The dumpster is a shared dumpster for the center. The request includes not placing screening around the dumpster facility. According to the applicant the dumpster is not visible from the adjacent residences or businesses. Staff recommends the dumpster be screened per minimum ordinance standards. Staff is not supportive of the application as proposed. Staff is supportive of allowing the existing consignment shop, the beauty salon and health studio to continue to occupy the site in their present form. Staff recommends once these businesses vacate their space the allowable uses be limited to no more than 26 percent of the site as one of the listed accessory uses under the 0-3 zoning district classification and the consignment shop no longer be an allowable use for the site. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. PLANNING COMMISSION ACTION: (September 14, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial of the request as filed. Staff stated they were willing to support aspects of the application request but not at the intensity being proposed. Mr. Steve Maxwell addressed the Commission on the merits of his request. He stated he bought the site after the site sat almost vacant for a number years and had done a great deal of renovations to the building. He stated the building was separated into bays with three (3) 800 square foot bays, one six hundred square foot bay and one 2400 square foot bay. He FILE NO.: Z-8094 (CONT.) stated the uses currently in the building were a beauty salon, a yoga studio, an insurance office, a consignment shop and his office. He stated with the allowance of ten percent the yoga studio was out of compliance and had been for a number of years. He stated his goal was to provide small scale office space for tenants. He stated the use was an incubator use to allow start up businesses a space to start before growing. He stated there was a great demand for small scale office in the neighborhood. He stated the market catered to larger office users. He stated the consignment shop was previously in the owner's home and she felt she needed more space and moved to the current location. He stated he was willing to limit the allowance of accessory uses to 40.7 percent of the building with the accessory uses listed in 0-3 and the addition of a consignment shop. Mr. Maxwell stated the need for screening of the dumpster was not necessary. He stated the dumpster was located within an alley and fully screened from the adjoining properties. He stated the portable building was being requested for file storage only with no utilities to the building. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the proposed development appear to allow the accessory uses to over run the primary use. She stated with 40 percent of the site with accessory uses the lesser use would become the dominate use. There was a general discussion of the Commission concerning the proposed use and the request. Commissioner Yates questioned the allowable percentage of use. Staff stated the request was to allow 45 percent of the site with the allowed accessory uses. The Commission questioned Mr. Maxwell to the proposed uses and any restrictions to be placed on the uses. Mr. Maxwell stated he was willing to amend his request to allow 40.7 percent of the site with a salon, consignment shop and yoga studio. He stated if the next user did not match one of these uses he would request additional uses at that time. Staff questioned if the use would be allowed to expand such as the consignment shop occupy two bays. Mr. Maxwell stated this was his desire. Staff stated this changed the character of the development by removing the concept of three small businesses and allowing a commercial development. Mr. Maxwell stated he was willing to amend his request to exclude the ability of the businesses to grow. A motion was made to approve the request as amended. The motion carried by a vote of 7 ayes, 1 no and 3 absent. 5 September 14, 2006 ITEM NO.: 27.1. NAME: Maxton Enterprises Short -form POD LOCATION: located at 5921 H Street DEVELOPER: Maxton Enterprises, LLC 5921 H Street Little Rock, AR 72205 SURVEYOR: Donald W. Brooks, Inc. 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: 0-3 and POD ALLOWED USES: General Office District uses and a Parking Lot PROPOSED ZONING: POD FILE NO.2-8094 PROPOSED USE: 0-3 uses with the allowance of 45% of the site with the 0-3 listed Accessory uses and a Consignment Shop VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL: The applicant is proposing to rezone this site from 0-3, General Office District to POD to increase the allowable percentage of accessory uses within this existing office building. The building contains 5,400 square feet of space and currently houses office uses, a consignment shop, beauty shop and a health studio. The applicant is proposing increasing the allowable Accessory uses from the existing 10 percent to 45 percent with the addition of a consignment shop as an allowable use within the 45 percent. September 14, 2006 SUBDIVISION ITEM NO.: 27.1 (CONT. B. EXISTING CONDITIONS: FILE NO.: Z-8094 The site contains an existing strip office building with parking located along the street. There are a number of public and institutional uses located in the area including a public school and public library. North of the site is the athletic field for the Public School. There is an office use located east of the site. South of the site is a multi- family development. There are single-family homes located to the southeast along Buchanan Street. West of the site is a commercial use fronting University Avenue. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. The Hillcrest Resident's Association, the Evergreen Neighborhood Association, all residents who could be identified located within 300 feet of the site and all property owners located within 200 -feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: Public Works: 1. "H" Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. Provide survey of property showing the centerline of "H" Street. 2. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this site. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. K September 14, 2006 SUBDIVISION ITEM NO.: 27.1 (CONT. O.: Z-8094 CATA: The site is located on CATA Bus Route #8 — Rodney Parham Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied a Short - form POD to rezone the site from 0-3, General Office District to a Planned Office Development to increase the allowable commercial activity on the site from 10 percent to a maximum of 49 percent. A land use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda (LU06-04-01). Master Street Plan: H Street is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: A Class III bike route is shown on H Street directly in front of this property. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. While the plan does not address this specific location, it does state a need for "more mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station. Mixed-use means more opportunities for residential over commercial in existing commercial areas." Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (August 24, 2006) The applicant was not present. Staff presented an overview of the proposed development indicating they would contact the applicant and resolve any outstanding issues associated with the request prior to the Commission meeting. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. 3 September 14, 2006 SUBDIVISION ITEM NO.: 27.1 (CONT. H. ANALYSIS: FILE NO.: Z-8094 The applicant submitted a revised site plan to staff addressing the technical issues raised at the August 24, 2006, Subdivision Committee meeting. The request is to allow the rezoning of the site from 0-3, General Office District to POD to allow an increase in the percentage of accessory uses within this existing office building from a maximum of ten (10) percent to forty-five (45) percent. The building contains 5,400 square feet of space and currently houses office uses, a consignment shop, a beauty salon and a health studio. The building is sectioned in five (5) bays. Three bays contain 800 square feet, one bay 600 square feet and the third bay contains 2,400 square feet. The defined accessory uses under the 0-3, General Office District Zoning District are as follows: Antique shop, Barber and beauty shop, Book and stationary store, Camera shop, Cigar, tobacco or candy store, Clothing store, Custom sewing or millinery, Drugstore or pharmacy, Eating place without drive in service, Florist shop, Health studio or spa, Hobby shop, Jewelry store, Key shop, Laundry pickup station and Tailor shop. In addition to the listed uses the applicant is requesting a Consignment shop as an allowable use. Presently the 0-3 zoning district allows ten (10) percent of the total floor area of the site to be used as one of the listed uses. Presently the accessory uses and the consignment shop occupy 40.7 percent of the total floor area. The site presently has 21 on-site parking spaces and nine (9) parallel parking spaces located in front of the building along H Street in the public right-of-way. Based on the typical minimum parking required for an office and retail development 15 parking spaces would typically be required. The request includes the placement of modular building and dumpster along the alley to the east of the site. The building and the dumpster are located within the parking lot area. The applicant has indicated the building will be used for file storage of the office user. The dumpster is a shared dumpster for the center. The request includes not placing screening around the dumpster facility. According to the applicant the dumpster is not visible from the adjacent residences or businesses. Staff recommends the dumpster be screened per minimum ordinance standards. Staff is not supportive of the application as proposed. Staff is supportive of allowing the existing consignment shop, the beauty salon and health studio to continue to occupy the site in their present form. Staff recommends once these businesses vacate their space the allowable uses be limited to no more than 26 percent of the site as one of the listed accessory uses under the 0-3 zoning district classification and the consignment shop no longer be an allowable use for the site. I. STAFF RECOMMENDATIONS: Staff recommends denial of the request as filed. 0 September 14, 2006 SUBDIVISION ITEM NO.: 27.1 (CONT) FILE NO.: Z-8094 PLANNING COMMISSION ACTION: (September 14, 2006) The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial of the request as filed. Staff stated they were willing to support aspects of the application request but not at the intensity being proposed. Mr. Steve Maxwell addressed the Commission on the merits of his request. He stated he bought the site after the site sat almost vacant for a number years and had done a great deal of renovations to the building. He stated the building was separated into bays with three (3) 800 square foot bays, one six hundred square foot bay and one 2400 square foot bay. He stated the uses currently in the building were a beauty salon, a yoga studio, an insurance office, a consignment shop and his office. He stated with the allowance of ten percent the yoga studio was out of compliance and had been for a number of years. He stated his goal was to provide small scale office space for tenants. He stated the use was an incubator use to allow start up businesses a space to start before growing. He stated there was a great demand for small scale office in the neighborhood. He stated the market catered to larger office users. He stated the consignment shop was previously in the owner's home and she felt she needed more space and moved to the current location. He stated he was willing to limit the allowance of accessory uses to 40.7 percent of the building with the accessory uses listed in 0-3 and the addition of a consignment shop. Mr. Maxwell stated the need for screening of the dumpster was not necessary. He stated the dumpster was located within an alley and fully screened from the adjoining properties. He stated the portable building was being requested for file storage only with no utilities to the building. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the proposed development appear to allow the accessory uses to over run the primary use. She stated with 40 percent of the site with accessory uses the lesser use would become the dominate use. There was a general discussion of the Commission concerning the proposed use and the request. Commissioner Yates questioned the allowable percentage of use. Staff stated the request was to allow 45 percent of the site with the allowed accessory uses. The Commission questioned Mr. Maxwell to the proposed uses and any restrictions to be placed on the uses. Mr. Maxwell stated he was willing to amend his request to allow 40.7 percent of the site with a salon, consignment shop and yoga studio. He stated if the next user did not match one of these uses he would request additional uses at that time. 5 September 14, 2006 SUBDIVISION ITEM NO.: 27.1 (CONT.)__ _ _ FILE NO.: Z-8094 Staff questioned if the use would be allowed to expand such as the consignment shop occupy two bays. Mr. Maxwell stated this was his desire. Staff stated this changed the character of the development by removing the concept of three small businesses and allowing a commercial development. Mr. Maxwell stated he was willing to amend his request to exclude the ability of the businesses to grow. A motion was made to approve the request as amended. The motion carried by a vote of 7 ayes, 1 no and 3 absent. 0 ITEM NO.: 27.1. NAME: Maxton Enterprises Short -form POD LOCATION: located at 5921 H Street Z-8094 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 August 30, 2006. The Office of Planning and Development must receive the proof of notice no later than September 6, 2006. 2. Provide the total number of parking spaces in each of the indicated parking areas on the site plan. 3. Provide a note on the site plan indicating the proposed dumpster screening. 4. All applicants must submit a copy of the bill of assurance for the subdivision within which the subject property is located. Copies of bills of assurance are available at the Pulaski County Circuit Clerk's office located at 401 West Markham Street. If the property is not located in a subdivision with a bill of assurance, the applicant must submit a statement to that effect in conjunction with submission of the application. Variance/Waivers: Public Works Conditions: 1. "H" Street is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. Provide survey of property showing the centerline of "H" Street. 2. Obtain a franchise agreement from Public Works (John Barr, 371-4646) for the improvements located in the right-of-way. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this site. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the Item # 27.1 hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division_ This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Office for this property. The applicant has applied a Short -form POD to rezone the site from 0-3, General Office District to a Planned Office Development to increase the allowable commercial activity on the site from 10 percent to a maximum of 49 percent. A land use plan amendment for a change to Mixed Office Commercial is a separate item on this agenda (LU06-04-01). Master Street Plan: H Street is shown as a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: A Class III bike route is shown on H Street directly in front of this property. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. While the plan does not address this specific location, it does state a need for "more mixed-use opportunities should be provided within the commercial areas, including parts of Kavanaugh, Markham Street, and Stifft Station. Mixed-use means more opportunities for residential over commercial in existing commercial areas." Landscape: Compliance with the City's Landscape and Buffer Ordinances is required. Revised plat/plan: Submit four (4) copies of a revised preliminary plat (to include the additional information as noted above) to staff on Wednesday, August 30, 2006. Item # 27.1