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HomeMy WebLinkAboutZ-8233-A Staff AnalysisSeptember 18, 2008 ITEM NO.: G NAME: Lot 25, Longleaf Cove Short -form POD FILE NO.: Z-8233-A LOCATION: Located on the West side of South Katillus Road approximately 300 feet South of Cantrell Road DEVELOPER: Katillus Court LLC 13503 Kanis Road Little Rock, AR 72211 FNr4INFFR. White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.9 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: NUMBER OF LOTS: 25 Single-family residential FT. NEW STREET: 730 LF PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,794 adopted by the Little Rock Board of Directors on August 6, 2007, rezoned the site from R-2 Single-family to PD-R. The property contained approximately 4.9 acres and was proposed for subdivision into 25 single-family lots. The lots were approved with an average size of 50-feet by 115-feet or 5,750 square feet. The approval allowed an overall density of 5.1 units per acre. The plan indicated the placement of a 20-foot front building line for the lots abutting Long -leaf Cove and a five (5) foot side yard setback. The front building line proposed along Katillus Road was 25-feet. All lots were proposed with a 25-foot rear yard setback. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont. 0 C PROPOSAUREQUEST: The applicant is now seeking to rezone the site construction of a new general and professional construction is proposed to be single-family in FILE NO.: Z-8233-A from PD-R to POD to allow the office building on the site. The appearance. The office use is intended to serve the owner's construction and real estate business. The site plan indicates the construction of a 3,200 square foot single story structure. There are 10 parking spaces proposed within the rear yard of the new building. The maximum building height proposed is 25-feet. The alternative uses proposed for the structure are those listed in the 0-1, Quiet Office zoning district. The hours of operation are from 7 am to 6 pm daily. The request includes a variation from the Zoning and Buffer Ordinance and the Landscape Ordinance requirements. A drive is proposed along the northern perimeter of the site located four feet from the property line. The building is proposed five feet from the southern property line and the parking lot back out is located four feet from the southern property line. The ordinances would typically require the placement of a nine foot perimeter landscape strip along the northern and southern perimeters. EXISTING CONDITIONS: The site is located south of Cantrell Road on the west side of Katillus Road. To the east of the site is a newly developing subdivision, Montagne Court. To the south of the site is a newly developing single-family subdivision. Further south are single-family homes located on large lots accessed from Katillus Court. There is a one acre tract located immediately north of the site containing a single-family home with the remainder of the area to the north fronting Cantrell Road and previously used as a non -conforming commercial business. The site has been cleared and a new street has been constructed. There are new single-family homes currently under construction. Johnson Creek is located to the west of the site. Further west is a large parcel with a single home on the parcel accessed from Drew Drive. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area property owners. All property owners located within 200 feet of the site, all residents could be identified located within 300 feet of the site along with the Coalition of West Little Rock Neighborhoods and the Montagne Court Property Owners Association were notified of the Public Hearing. 2 September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS- 1 . Due to the proposed use of the property, the Master Street Plan specifies that South Katillus Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Street improvements are in place. No additional street improvements will be required. 3. All driveways shall be concrete aprons per City Ordinance. The aprons shall be constructed per Public Works standards with driveway flairs or radiuses. Little Rock Code requires driveways to be placed 100 feet from property lines. The driveway should be located in the center of the lot. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. Storm water detention will not apply to the proposed development. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of metered connection(s) will apply to this project in addition to normal charges. The Little Rock Fire Department may require an additional public fire hydrant in conjunction with this development. The fire hydrant could be installed by Central Arkansas Water's forces at Developer's expense, but would need to be coordinated with the contractor for this project. K3 September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division. This request is located in the River Mountain District. The request is at the boundary between Transition and Single Family. The applicant has applied for a rezoning to Planned Office Development for a one -lot office use. Because the Future Land Use Plan is general, and this application is right on the line between Transition and Single Family, this request does not require a change to the Land Use Plan. Master Street Plan: Katillus Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the vicinity. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: 1. The zoning buffer ordinance requires a nine -foot wide (9') land use buffer along both the northern and southern property lines. Seventy percent (70%) of this area is to remain undisturbed. 2. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 3. The landscape ordinance requires a nine -foot wide (9') landscape strip along the sites entirety. The proposed driveway and parking lot are encroaching into this perimeter landscape area. A variance must be obtained from the City Beautiful Commission prior to the issuance of a building permit. rd September 18, 2008 SUBDIVISION ITEM NO.: G (Cont. FILE NO.: Z-8233-A 4. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (July 17, 2008) Mr. Joe White was present representing the request. Staff stated the request was a rezoning from PD-R to POD to allow a single use office on the site. Staff stated a new structure constructed residential in character was being proposed. Staff stated the request would require a variance from the City's Zoning and Buffer Ordinance requirements. Staff stated the northern and southern landscape strip were less than the typical nine foot minimum required. Staff also requested Mr. White provide the proposed signage plan and the proposed hours of operation of future uses. Public Works comments were addressed. Staff stated the drive should be located in the center of the property. Staff also stated street improvements were in place on Katillus Road so no additional street improvements would be required. Staff stated the storm water detention ordinance would not apply to the future development of the site since the site was loss than one acre. Landscaping comments were addressed. Staff stated screening would be required along the perimeters of the site. Staff stated the City Beautiful Commission recommended preserving as many trees as feasible on tree covered sites. Staff noted comments from the various other reporting departments and agencies. 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 did not submit a revised site plan to staff addressing the comment raised at the July 17, 2008, Subdivision Committee meeting. The applicant has indicated the desire is to maintain the drive located along the northern property and has stated placing the drive in the center does not allow for development of the structure to be residential in character. The request is to allow a rezoning from PD-R to POD to allow the construction of a new general and professional office building on the site. The office use is intended to serve the owner's construction and real estate business. The alternative uses proposed for the structure are those listed in the 0-1, Quiet Office zoning district. The site plan indicates the construction of a 3,200 square 5 September 18, 2008 SUBDIVISION ITEM NO.: G (Cont. FILE NO.: Z-8233-A foot single story structure. The construction is proposed to be single-family in character. There are 10 parking spaces proposed within the rear yard of the new building. The maximum building height proposed is 25-feet. The hours of operation are from 7 am to 6 pm daily. There are no dumpster facilities proposed for the site. The request includes a variation from the Zoning and Buffer Ordinance and the Landscape Ordinance requirements. A drive is proposed along the northern perimeter of the site located four feet from the property line. The building is proposed five feet from the southern property line and the parking lot back out is located four feet from the southern property line. The ordinances would typically require the placement of a nine -foot perimeter landscape strip along the northern and southern perimeters. Signage has not been provided. Staff would recommend if signage is approved, signage be limited to signage allowed in residential zones or a maximum of six feet in height and not to exceed one square foot in sign area. Parking proposed for the site is ten spaces. Based on the ordinance requirements for an office development containing 3,200 square feet eight spaces are required. Staff has concerns with the site plan as proposed. The plan as indicated does not include the typical landscape strip per the Landscape Ordinance nor the zoning buffer both typically required at a minimum of nine feet. Staff also has concerns with the proposed uses listed as alternative uses for the site. Although the site is indicated as 0-1, Quiet Office uses, there are a number of office uses which are allowed in the zoning district which generate a great deal of traffic. A medical office for instance would potentially generate a number of customers whereas a general and professional office may not generate a great number of vehicles visiting the site. Although the Land Use Plan is general in nature staff feels the rezoning of the site for an office use is eroding into the single-family uses located to the east and south of this site. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 7, 2008) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated August 6, 2008, 9 September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A requesting a deferral of this item to the September 18, 2008, public hearing. Staff stated the applicant was requesting the deferral to allow time to meet with the area residents and staff to address concerns related to the site plan. Staff sated the deferral request would require a waiver of the Commission's By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral. There was no further discussion of the item. The Chair entertained a motion for a By-law waiver with regard to the deferral request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The Chair entertained a motion for placement of the item on the Consent Agenda for Deferral as recommended by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: There are no changes to the proposed request. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 18, 2008) Mr. Graham Smith was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Smith stated the subdivision was developed with 25 residential lots with 24 lots within the subdivision and the 25th lot fronting Katillus Road. He stated approximately 300 feet north of the site was Cantrell Road. He stated based on the City's Future Land Use Plan and the current development pattern of Highway 10 the property to the north of his site would most likely be developed as office or commercial. He stated if allowed to build an office on Lot 25 this would act as a buffer for the resident development to the south and the future commercial uses to the north. He stated with the development of the Longleaf Subdivision a conservation easement was left to also provide a buffer to the residential uses to the south. He stated he felt it unfortunate his property fell on the wrong side of the 300 foot line. Mr. Smith stated he was willing to limit the use of the site to General and Professional office uses. He stated his understanding of this classification would allow quiet office uses such as a real estate office, a CPA or a lawyers office. He stated he understood staff's concerns related to a medical office on the site. Mr. John Hill addressed the Commission in opposition of the request. He stated he was a resident of the Montagne Subdivision and the proposed office use was located across from the entrance to the subdivision. He stated Katillus Road was a residential street. 7 September 18, 2008 SUBDIVISION ITEM NO.: G (Co FILE NO.: Z-8233-A He stated the road was a narrow road and did not lend itself to commercial development. Mr. Lawrence McKellips addressed the Commission in opposition. He stated he bought his home in 1970. He stated he had seen a number of changes along Highway 10. He stated the previous approval required the placement of a six foot fence along the property line between his property and Lot 25. He stated according to the minute record the good side of the fence was to be facing outward. He stated he originally bought 3.5 acres and had since sold off 2.5 acres maintaining his home on one acre. He stated he was against a business even alight business located next door to his home. Mr. Don Smith addressed the Commission in opposition of the request. He stated he was the president of the Montagne Court POA. He stated there were 51 homes in the subdivision, 49 were occupied and a petition had been provided to the Commission with 46 signatures in opposition of the request. He stated the neighborhood had also written letters in opposition of the request as well. He stated on the south side of Cantrell Road there was a mixture of housing types including patio homes and homes on large lots and acreage with the retail limited to Chenonceau Boulevard. He stated north of Cantrell Road was different. He stated in this area there was retail and office developments. He stated the site was located 300 feet south of Cantrell Road in the heart of the neighborhood. He stated the neighborhood had concerns with noise, lighting and non-residential activities taking place within the residential area. Ms. Elli McKellips addressed the Commission in opposition of the request. She stated her home was located adjacent to Lot 25. She stated Katillus Road was primarily residential with Valley Falls Estates located south of the site and the Montagne Court Subdivision located to the east. She stated the driveway proposed to serve the office was located 45 feet from the south wall of her home and in this area there were two bedrooms. She stated there were a number of office uses located in the area many of which had vacancies. Ms. Judy Smith addressed the Commission in opposition. She stated she was at the hearing last year representing her parents when the development was approved. She stated the fencing was to be installed with the good side facing outward which had not been done. She also stated the home on Lot 25 was to be constructed with a pool in the rear yard area. She stated the construction of an office use would increase the noise in the area. She stated lighting was also a concern. She stated there was a great deal of traffic in the area along Cantrell Road and it was difficult to exit Katillus Road. Ms. Ruth Bell, League of Women Voters addressed the Commission in opposition. She stated an office development within a residential area was inappropriate. She stated the approval was for a PD-R 13 months ago and now the developers was requesting to allow the development of the property as an office use rather than a new home. She stated she felt this too was inappropriate. September 18, 2008 SUBDIVISION ITEM NO.: G (Cont.) FILE NO.: Z-8233-A Mr. Smith stated he was going to do something to Lot 25. He stated either build a home or an office use. He stated his experience was when a home was constructed adjacent to commercial uses the home was devalued in eight to ten years. He stated the office he proposed for construction was residential in style and character. He provided the Commission with a plan that would allow for development of the site adhering to the landscape and buffer ordinance requirements. He stated with the plan the parking was located in the front yard and the site looked and felt like an office development. He stated by placing the parking in the rear the building took on a residential character. He stated he felt this office use a good transition between the non-residential uses which were likely to occur along Cantrell Road and the new single-family subdivision he was developing to the south. The Commission questioned Mr. Smith as to the proposed uses of the building. He stated he was amending his application to limit the uses to general and professional office uses. The Commission questioned signage. Mr. Smith stated he intended to construct a brick structure within the front yard area and place his address within a precast of the sign. Staff stated this was considered signage. Mr. Smith stated the sign would be a three by three sign. The Commission questioned building signage. Mr. Smith stated the name of the company would be placed on the door. There was a general discussion by the Commission. A few indicated they felt the proposed buffering was a good ideal but felt the proposal to rezone the site for an office use was premature. There was no further discussion of the item. The chair entertained a motion for approval of the item as amended to include limits of signage to three feet by three feet and limit the allowed uses to general and professional office uses. The motion failed by a vote of 1 aye, 7 noes and 3 absent. A ITEM NO.: 11, Z-8233-A NAME: Lot 25, Longleaf Cove Short -form POD LOCATION: located on the West side of South Katillus Road approximately 300 feet South of Cantrell Road 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 notices must be mailed no later than July 23, 2008. The Office of Planning and Development must receive the proof of notice no later than August 1, 2008. 2. A minimum of 10 to 15 percent of the site is to be designated to landscape. Provide the percentage provide. 3. Provide the percentage of building coverage, the percentage of landscaping and the percentage of paved area. 4. Will the site contain a dumpster? If so provide the location of the proposed dumpster facility. Will the dumpster hours of service be limited to daylight hours? 5. The landscape ordinance variance request must be approved prior to the item be forwarded to the Board of Directors. Please contact Christy Marvel at 371-4864 for the application procedures. 6. Provide the proposed hours of operation for the future uses. 7. Provide details of the proposed signage including ground mounted and building signage. Provide the location, the total height and area of ground signage and the total percentage of facade area proposed for building signage. 8. Site lighting must be low level and directional, directed downward and into the site. Variance/Waivers: Public Works Conditions: 1. Due to the proposed use of the property, the Master Street Plan specifies that South Katillus Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Street improvements are in place. No additional street improvements will be required. 3. All driveways shall be concrete aprons per City Ordinance. The aprons shall be constructed per Public Works standards with driveway flairs or radiuses. Little Rock Code requires driveways to be placed 100 feet from property lines. The driveway should be located in the center of the lot. 4. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. Item # 11. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 6. Storm water detention will not apply to the proposed development. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water Works regarding the size and location of the water meter(s). A Capital Investment Charge based on the size of metered connection(s) will apply to this project in addition to normal charges. The Little Rock Fire Department may require an additional public fire hydrant in conjunction with this development. The fire hydrant could be installed by Central Arkansas Water's forces at Developer's expense, but would need to be coordinated with the contractor for this project. Fire Department: Approved as submitted. Counly Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division: This request is located in the River Mountain District. The request is at the boundary between Transition and Single Family. The applicant has applied for a rezoning to Planned Office Development for a one -lot office use. Because the Future Land Use Plan is general, and this application is right on the line between Transition and Single Family, this request does not require a change to the Land Use Plan. Master Street Plan: Katillus Road is shown as a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the vicinity. Neighborhood Action Plan: This area is not covered by a Neighborhood Action Plan. Landscape: Item # 11. 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a nine foot wide (9') land use buffer along both the northern and southern property lines. Seventy percent (70%) of this area is to remain undisturbed. This application is not meeting this minimal requirement along either property line. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the northern and southern perimeters of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year -around requirement. 4. The landscape ordinance requires a nine foot wide (9') landscape strip along the sites entirety. The proposed driveway and parking lot are encroaching into this perimeter landscaped area. A variance must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on tree covered sites. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, July 23, 2008. Item # 11.