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HomeMy WebLinkAboutZ-8193-A Staff AnalysisFILE NO.: Z-8193-A NAME: Rawls Short -form PCD LOCATION: Located at 801 South Chester Street DEVELOPER: C.E. Buddy Rawls 3700 Cantrell Road #904 Little Rock, AR 72202 FNC,INFFR- McClelland Consulting Engineers, Inc. 900 West Markham Street Little Rock, AR 72201 AREA: 0.50 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Inside and Enclosed "permitted uses" as allowed in the residential, office and commercial districts of Chapter 36 of the Little Rock Code of Ordinances PROPOSED ZONING: PCD PROPOSED USE: Auto sales outside, Pole signage and UU, Urban Use District uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND On April 12, 2007, the Little Rock Planning Commission denied a request to rezone the site from UU, Urban Use District to PCD. The request was to allow additional signage, outdoor display of products and inventory and the outdoor sales of automobiles. The hours of operation were 7:30 am to 6:00 pm but were likely to be expanded in the future. The applicant sought approval of a free standing sign, not to exceed 150 square feet in area and 35-feet in height, on an existing sign pole located near the northwest corner of FILE NO.: Z-8193-A (Cont.) the property, within the right of way. The sign could include the tenant's name, fuel prices and associated services. An alternative sign location was indicated on the site plan in the event the first location was concluded inappropriate or unworkable. The request included the temporary placement of a movable, ground -based fuel pricing sign until such signage could be included on the free-standing pole sign. Outdoor display was proposed for the site. The applicant requested the placement of energy and transportation -related products and product displays outside the confines of the building. In addition, the applicant requested the utilization of the site for vehicle sales with total number of vehicles available for sale not to exceed 20 vehicles. A. PROPOSAL/REQUEST: The applicant is now seeking a rezoning of the site from UU to PCD to allow the placement of a monument or pedestal -style sign, place a movable, ground -based fuel pricing sign on the property and allow the placement of three vehicles for sale on the site. In addition the applicant is seeking approval to allow automobile detailing on the site in the rear yard area along side an existing alley. The pedestal -style sign is proposed to be located near the northwest corner of the property. The sign, yet to be designed, would be lighted and include the name of the business, along with that of any tenant's business and include fuel prices and associated services. The size of the sign will comply with signage typically allowed in office zoning districts. The sign would not exceed six feet in height and sixty four square feet in area. The temporary placement of a movable, ground -based fuel pricing sign is being requested until the construction of the permanent monument sign is completed. The designation of specific sections of the property, outside the confines of the building, for the placement of energy and transportation -related projects, product displays and vehicles, not to exceed three vehicles, for sale are included on the site plan. The vehicles will be placed in the least -intrusive area of the lot, specifically away from the frontage of the property on Chester Street. In addition behind the building the applicant is seeking permission for the use of a portion of the site for outdoor detailing of vehicles. The work will be conducted in full compliance with the water recycling procedures as required by the applicable wastewater regulations, including the use of a mat to capture and re -use water and the proper disposal of the water at the Little Rock Wastewater Department. The designation of this space means these activities will not be visible from Chester Street and would only be briefly visible to vehicles passing on 8th Street. B. EXISTING CONDITIONS: The site is a fuel station located on the comer of Chester and 8th Streets. The area is a commercial/industrial area with a number of uses including office warehouse, restaurant uses, a television station and the City of Little Rock Central Fire Station. The Chester Street freeway exit ramp intersects Chester Street at 8th Street across from the site. Adjacent to the site 8th Street is a 2 FILE NO.: Z-8193-A (Cont. one-way street with west bound travel only. Chester Street is a four lane road, with curb, gutter and sidewalks in place. Signage in the area is limited to building signage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site, all residents located within 300-feet of the site, who could be identified, along with the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITION 1. 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 the property. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route # 15 - the 65th Street Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban for this property. The applicant has applied for a Planned Commercial Development to allow outdoor display and sales of three automobiles and the placement of a ground mounted sign no higher than six feet tall. The request does not require a change to the Land Use Plan. Master Street Plan: Chester Street is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require 3 FILE NO.: Z-8193-A (Cont. street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chester Street since it is a Minor Arterial. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were no technical issues associated with the request remaining outstanding. Public Works comments were addressed. Staff stated a franchise would be required for any improvements located within the right of way. Mr. Rawls stated the request was substantially different than the original application. He stated the request was to allow the placement of three (3) vehicles on the site for sale, the placement of a ground mounted sign and an area for outdoor detailing of automobiles. He stated the area for detailing would fully comply with wastewater requirements for water capture. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no technical issues raised at the March 22, 2007, Subdivision Committee meeting which required addressing. The applicant is seeking a rezoning of this site from UU, Urban Use District to PCD to allow additional signage, outdoor display of products and inventory and the outdoor detailing and sales of automobiles. The property has served as an automobile care center/service station for decades. There are no plans for any external changes to the building. The applicant is seeking approval of a free standing sign, not to exceed six feet in height and 64 square feet in area. The site plan indicates a general location of the sign which is located near the northwest corner of the property and is potentially located within the right of way near an existing pole of a previous sign. 9 FILE NO.: Z-8193-A (Cont. The request includes the temporary placement of a movable, ground -based fuel pricing sign until the permanent signage can be constructed. Per the UU, Urban Use District zoning classification off -premise, pole and monument signs are not allowed. Otherwise, signage is allowed as permitted per Section 36-553, Signs permitted in Institutional and Office zones. On the street level, the maximum area of signage may be doubled if at least 50 percent of the street -level office and retail space has direct access to the street. Outdoor display is proposed for the site. The applicant is requesting the placement of energy and transportation -related products and product displays outside the confines of the building in a specific location near the front door area of the building. The request includes an area located behind the building for use as automobile detailing. The area is located adjacent to the alley along the rear of the building on the eastern side. In addition the applicant is requesting the utilization of the site for vehicle sales with total number of vehicles available for sale not to exceed 3 vehicles. Permitted uses in the UU, Urban Use District include those allowed in the residential district, office district and commercial district as permitted uses, except that all uses must be inside or enclosed. Conditional uses include those allowed in the 1-2, Light Industrial District as permitted uses except that all uses must be inside or enclosed. Staff is not supportive of the requested signage. The UU, Urban Use District was designed to assure the continuation of development consistent with a traditional urban form. The urban use district is designed to help create a compact, dense, distinguishable core area and is established in order to provide for an urban form allowing mid -rise and high-rise structures. The district is to provide for the office, civic and business core of the City. The Development Criteria addressed eleven (11) key elements with signage being one of the elements. As noted above off -premise, pole and monument signs are not allowed. Otherwise, signage is allowed as permitted per Section 36-553, Signs permitted in Institutional and Office zones. Staff feels the ordinance should be adhered to related to the allowable signage since the district is very limited on the specific issues the zoning district chooses to address. With regard to the utilization of the site with outdoor activities, staff does not support this aspect of the request either. The Use Regulations outline the activities which can take place on UU, Urban Use District zoned sites. The only allowable uses prohibited per the residential, commercial and office zones are the uses which include outdoor activity. Staff does not feel the placement of outdoor activities is appropriate for this site. The site is located at a key entrance to the District. Staff does not feel this site is appropriate for outdoor sales of automobiles or outdoor automobile detailing activity. 5 FILE NO.: Z-8193-A I. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were registered objectors present. The Chair informed the applicant presently there were five (5) Commissioners present which did not allow adequate member present to conduct business. The Chair informed the applicant his request would be placed on the Commission's June 7, 2007, public hearing docket for consideration. PLANNING COMMISSION ACTION: (JUNE 7, 2007) The applicant was present. There was one registered objector present. Staff presented the item indicating they had reconsidered their recommendation of denial for the requested ground signage. Staff stated since the site was not located within the pedestrian area of the UU District they felt the ground mounted sign would not significantly impact the area. Staff stated they were not supportive of the movable temporary sign nor the requested outdoor activities. Mr. Buddy Rawls addressed the Commission on the merits of his request. He stated he would limit his comments but this did not in any way indicate his willingness to not exhaust all his appeals for the request to be allowed the activities being requested. He stated his vision was to develop the site with an environmentally friendly transportation center. He stated he bought the property in good faith thinking the property was zoned 1-2, Light Industrial District. He stated after he purchased the property and began trying to place the typical transportation related activities on the site did he learn the zoning had been changed without the former owners knowledge. He stated the removal of the 1-2 zoning had created a hardship on his business and his vision for developing the site. There was a general discussion among the Commission and Mr. Rawls as to if the request as an all or nothing request. Mr. Rawls stated he needed the sale of vehicles and the detailing to be allowed on the site to generate the needed revenues. He stated the margin on fuel was very low. He stated he needed the wide range of services for a higher margin than the fuel allowed. The Commission questioned Mr. Rawls again as to if he was willing to seek approval of portions of his request and then return later for the additional items. Mr. Rawls stated he needed the flexability of a number of activities to cover the cost. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition. She stated the League was not supportive of the C-4, Open Display District uses being allowed on the site. She stated the signage was acceptable since the site was not in the middle of the UU District. She stated the UU District was designed to make the area more people friendly and she did not feel C-4 was appropriate at this location. Con FILE NO.: Z-8193-A _(_Cont.) A motion was made to approve the request as filed. The motion failed by a vote of 4 ayes, 5 noes, 1 absent and 1 open position. 7 June 7, 2007 ITEM NO.: I FILE NO.: Z-8193-A NAME: Rawls Short -form PCD LOCATION: Located at 801 South Chester Street DEVELOPER: C.E. Buddy Rawls 3700 Cantrell Road #904 Little Rock, AR 72202 ENGINEER: McClelland Consulting Engineers, Inc. 900 West Markham Street Little Rock, AR 72201 AREA: 0.50 acres CURRENT ZONING: ALLOWED USES: PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF UU, Urban Use District Inside and Enclosed "permitted uses" as allowed in the residential, office and commercial districts of Chapter 36 of the Little Rock Code of Ordinances PCD Auto sales outside, Pole signage and UU, Urban Use District uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On April 12, 2007, the Little Rock Planning Commission denied a request to rezone the site from UU, Urban Use District to PCD. The request was to allow additional signage, outdoor display of products and inventory and the outdoor sales of automobiles. The hours of operation were 7:30 am to 6:00 pm but were likely to be expanded in the future. The applicant sought approval of a free standing sign, not to exceed 150 square feet in area and 35-feet in height, on an existing sign pole located near the northwest corner of June 7, 2007 ITEM NO.: I Cont. FILE NO.: Z-8193-A the property, within the right of way. The sign could include the tenant's name, fuel prices and associated services. An alternative sign location was indicated on the site plan in the event the first location was concluded inappropriate or unworkable. The request included the temporary placement of a movable, ground -based fuel pricing sign until such signage could be included on the free-standing pole sign. Outdoor display was proposed for the site. The applicant requested the placement of energy and transportation -related products and product displays outside the confines of the building. In addition, the applicant requested the utilization of the site for vehicle sales with total number of vehicles available for sale not to exceed 20 vehicles. A. PROPOSAL/REQUEST: The applicant is now seeking a rezoning of the site from UU to PCD to allow the placement of a monument or pedestal -style sign, place a movable, ground -based fuel pricing sign on the property and allow the placement of three vehicles for sale on the site. In addition the applicant is seeking approval to allow automobile detailing on the site in the rear yard area along side an existing alley. The pedestal -style sign is proposed to be located near the northwest corner of the property. The sign, yet to be designed, would be lighted and include the name of the business, along with that of any tenant's business and include fuel prices and associated services. The size of the sign will comply with signage typically allowed in office zoning districts. The sign would not exceed six feet in height and sixty four square feet in area. The temporary placement of a movable, ground -based fuel pricing sign is being requested until the construction of the permanent monument sign is completed. The designation of specific sections of the property, outside the confines of the building, for the placement of energy and transportation -related projects, product displays and vehicles, not to exceed three vehicles, for sale are included on the site plan. The vehicles will be placed in the least -intrusive area of the lot, specifically away from the frontage of the property on Chester Street. In addition behind the building the applicant is seeking permission for the use of a portion of the site for outdoor detailing of vehicles. The work will be conducted in full compliance with the water recycling procedures as required by the applicable wastewater regulations, including the use of a mat to capture and re -use water and the proper disposal of the water at the Little Rock Wastewater Department. The designation of this space means these activities will not be visible from Chester Street and would only be briefly visible to vehicles passing on 8th Street. B. EXISTING CONDITIONS: The site is a fuel station located on the corner of Chester and 8th Streets. The area is a commercial/industrial area with a number of uses including office warehouse, restaurant uses, a television station -and the City of Little Rock 2 June 7, 2007 ITEM NO.: I (Cont. FILE NO.: Z-8193-A Central Fire Station. The Chester Street freeway exit ramp intersects Chester Street at 8th Street across from the site. Adjacent to the site 8th Street is a one-way street with west bound travel only. Chester Street is a four lane road, with curb, gutter and sidewalks in place. Signage in the area is limited to building signage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site, all residents located within 300-feet of the site, who could be identified, along with the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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 the property. Entergy: No comment received. Center -Point Ener : Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route # 15 - the 65th Street Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban for this property. The applicant has applied for a Planned Commercial Development to allow outdoor display and sales of three automobiles and the placement of a ground mounted sign no higher than six feet tall. 3 June 7, 2007 ITEM NO.: I (Cont. FILE NO.: Z-8193-A The request does not require a change to the Land Use Plan. Master Street Plan: Chester Street is shown as a Minor Arterial on the Master Street Plan. This street may require dedication of right-of-way and may require street improvements. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Chester Street since it is a Minor Arterial. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The property under review is not located in an area covered by a City of Little Rock recognized neighborhood action plan. Landscape: 1. Compliance with the City's Landscape and Buffer Ordinances is required. G. SUBDIVISION COMMITTEE COMMENT: (May 3, 2007) The applicant was present. Staff presented an overview of the proposed development stating there were no technical issues associated with the request remaining outstanding. Public Works comments were addressed. Staff stated a franchise would be required for any improvements located within the right of way. Mr. Rawls stated the request was substantially different than the original application. He stated the request was to allow the placement of three (3) vehicles on the site for sale, the placement of a ground mounted sign and an area for outdoor detailing of automobiles. He stated the area for detailing would fully comply with wastewater requirements for water capture. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS - There were no technical issues raised at the March 22, 2007, Subdivision Committee meeting which required addressing. The applicant is seeking a rezoning of this site from UU, Urban Use District to PCD to allow additional signage, outdoor display of products and inventory and the outdoor detailing and sales of automobiles. The property has served as an automobile care CI June 7, 2007 ITEM NO.: I (Cont. FILE NO.: Z-8193-A center/service station for decades. There are no plans for any external changes to the building. The applicant is seeking approval of a free standing sign, not to exceed six feet in height and 64 square feet in area. The site plan indicates a general location of the sign which is located near the northwest corner of the property and is potentially located within the right of way near an existing pole of a previous sign. The request includes the temporary placement of a movable, ground -based fuel pricing sign until the permanent signage can be constructed. Per the UU, Urban Use District zoning classification off -premise, pole and monument signs are not allowed. Otherwise, signage is allowed as permitted per Section 36-553, Signs permitted in Institutional and Office zones. On the street level, the maximum area of signage may be doubled if at least 50 percent of the street -level office and retail space has direct access to the street. Outdoor display is proposed for the site. The applicant is requesting the placement of energy and transportation -related products and product displays outside the confines of the building in a specific location near the front door area of the building. The request includes an area located behind the building for use as automobile detailing. The area is located adjacent to the alley along the rear of the building on the eastern side. In addition the applicant is requesting the utilization of the site for vehicle sales with total number of vehicles available for sale not to exceed 3 vehicles. Permitted uses in the UU, Urban Use District include those allowed in the residential district, office district and commercial district as permitted uses, except that all uses must be inside or enclosed. Conditional uses include those allowed in the 1-2, Light Industrial District as permitted uses except that all uses must be inside or enclosed. Staff is not supportive of the requested signage. The UU, Urban Use District was designed to assure the continuation of development consistent with a traditional urban form. The urban use district is designed to help create a compact, dense, distinguishable core area and is established in order to provide for an urban form allowing mid -rise and high-rise structures. The district is to provide for the office, civic and business core of the City. The Development Criteria addressed eleven (11) key elements with signage being one of the elements. As noted above off -premise, pole and monument signs are not allowed. Otherwise, signage is allowed as permitted per Section 36-553, Signs permitted in Institutional and Office zones. Staff feels the ordinance should be adhered to related to the allowable signage since the district is very limited on the specific issues the zoning district chooses to address. 6i June 7, 2007 ITEM NO.: I (Cont. FILE NO.: Z-8193-A With regard to the utilization of the site with outdoor activities, staff does not support this aspect of the request either. The Use Regulations outline the activities which can take place on UU, Urban Use District zoned sites. The only allowable uses prohibited per the residential, commercial and office zones are the uses which include outdoor activity. Staff does not feel the placement of outdoor activities is appropriate for this site. The site is located at a key entrance to the District. Staff does not feel this site is appropriate for outdoor sales of automobiles or outdoor automobile detailing activity. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 24, 2007) The applicant was present. There were registered objectors present. The Chair informed the applicant presently there were five (5) Commissioners present which did not allow adequate member present to conduct business. The Chair informed the applicant his request would be placed on the Commission's June 7, 2007, public hearing docket for consideration. PLANNING COMMISSION ACTION: (JUNE 7, 2007) The applicant was present. There was one registered objector present. Staff presented the item indicating they had reconsidered their recommendation of denial for the requested ground signage. Staff stated since the site was not located within the pedestrian area of the UU District they felt the ground mounted sign would not significantly impact the area. Staff stated they were not supportive of the movable temporary sign nor the requested outdoor activities. Mr. Buddy Rawls addressed the Commission on the merits of his request. He stated he would limit his comments but this did not in any way indicate his willingness to not exhaust all his appeals for the request to be allowed the activities being requested. He stated his vision was to develop the site with an environmentally friendly transportation center. He stated he bought the property in good faith thinking the property was zoned 1-2, Light Industrial District. He stated after he purchased the property and began trying to place the typical transportation related activities on the site did he learn the zoning had been changed without the former owners knowledge. He stated the removal of the 1-2 zoning had created a hardship on his business and his vision for developing the site. There was a general discussion among the Commission and Mr. Rawls as to if the request as an all or nothing request. Mr. Rawls stated he needed the sale of vehicles and the detailing to be allowed on the site to generate the needed revenues. He stated the margin on fuel was very low. He stated he needed the wide range of services for a X June 7, 2007 ITEM NO.: I (Cont. FILE NO.: Z-8193-A higher margin than the fuel allowed. The Commission questioned Mr. Rawls again as to if he was willing to seek approval of portions of his request and then return later for the additional items. Mr. Rawls stated he needed the flexability of a number of activities to cover the cost. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition. She stated the League was not supportive of the C-4, Open Display District uses being allowed on the site. She stated the signage was acceptable since the site was not in the middle of the UU District. She stated the UU District was designed to make the area more people friendly and she did not feel C-4 was appropriate at this location. A motion was made to approve the request as filed. The motion failed by a vote of 4 ayes, 5 noes, 1 absent and 1 open position. 7 ITEM NO.: 23. Z-8193-A NAME: Rawls Short -form PCD LOCATION: located at 801 South Chester Street 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 May 9, 2007. The Office of Planning and Development must receive the proof of notice no later than May 16, 2007. Variance/Waivers: Public Works Conditions: 1. 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 the property. Enter : No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Route # 15 - the 65th Street Route. Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban for this property. The applicant has applied for a Planned Commercial Development to allow outdoor display and sales of three automobiles and the placement of a ground mounted sign no higher than six feet tall. The request does not require a change to the Land Use Plan. Item # 24