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HomeMy WebLinkAboutZ-8263 Staff AnalysisW0Y I E CITY M GER Y LITTLE ROC , ARKANSAS OAI F DIRE ORS COMMUNICATI N V� OVEMBER 20, 2007 AGENDA Subi An Ordinance establishing a Planned Zoning District titled Nails by Kimmie Short -form PD-C (Z-8263), located at 310 North Van Buren Street. Submitted by: Department of Planning and Development --�YNOPSIS FISCAL IMPACT RECO M DATION CITIZEN PARTICIPATION � h Action Required Submitted By Ordinance Resolution • v`s"`�`L Approvalrr� lnf on Report c � 4 Bruce Moor City Manager _ .f-> t The applicant is/appealing the Planning Commission's recommendation of denial for a rezoning of the site from R-3 to PD-C to allow a full service beauty and nail salon to operate from the site. r r None. �6 �_ Staff recommends denial of the requested PD-C zoning. The Planning Commission voted to recommend denial of the requested zoning by a vote of 1 ayes, 6 noes, 3 absent and 1 open p sition. s -� •�-v-�o Tye--�''�"''`�. � The Planning Commission reviewed the proposed PD-C request at its September 27, 2007, meeting. There were registered nbj� tc ars .}�resent.- The Hillcrest Residents 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. BACKGROUND The applicant is the owner and operator of Nails by Kimmie and the owner of property located at 310 North Van Buren Street. The applicant is seeking a rezoning from R-3, Single-family to Planned Development Commercial to allow the utilization of the site as a full service beauty and nail salon. The shop has four employees including the owner. The shop offers a variety of services including manicure, pedicure, massage, tanning, hair coloring, hair cutting, hair removal, permanent makeup and other beauty/aesthetic services. The applicant indicated at the Planning Commission public hearing she did not intend to reside in the structure although the application was filed indicating she would live on site in addition to operate her business from the site. Normal business hours are from 10 am to 8 pm Monday through Saturday: Other times are available by appointment. A single sign to, identify the business and direct customers to the rear yard parking is proposed within the front yard area. The rear yard is proposed to be paved with ten (10) parking spaces, The-. parking will be accessed via an alley located along the -northern perimeter. Please see the .attached Planning Commission minute record. and site '-. _plan for the applicant's specific development proposal and the staff analysis and recommendation. 2 FILE NO.: Z-8263 NAME: Nails by Kimmie Short -form PD-C LOCATION: Located at 310 North Van Buren Street DEVELOPER: Kimberly Mensie C/o Niswanger Law Firm 5 Innwood Circle, Suite 110 Little Rock, AR 72211 DESIGN PROFESSIONAL: Barry Williams Roberts and Williams Associates 1501 N. University Avenue, Suite 430 Little Rock, AR 72207 AREA: 0.19 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING NUMBER OF LOTS: 1 R-3, Single-family Single-family residential FT. NEW STREET: 0 LF PROPOSED USE: Residential and a Full Service Salon VARIANCESM/AIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is the owner and operator of Nails by Kimmie and the owner of property located at 310 North Van Buren Street. The applicant is seeking a rezoning from R-3, Single-family to Planned Development Commercial to allow the utilization of the site as a full service salon. The shop has four employees including the owner. The shop offers a variety of services including manicure, pedicure, massage, tanning, hair coloring, hair cutting, hair removal, permanent makeup and other beauty/aesthetic services. The applicant also intends to reside in the structure. FILE NO.: Z-8263 (Cont. Normal business hours are from 10 am to 8 pm Monday through Saturday. Other times are available by appointment. A single sign to identify the business and direct customers to the rear yard parking is proposed within the front yard area. The rear yard is proposed to be paved with ten (10) parking spaces. The parking will be accessed via an alley located along the northern perimeter. B. EXISTING CONDITIONS: The site contains a single-family home with a functioning alley located along the northern boundary of the home. The rear yard area is open with a large tree located in the center of the yard. The non-residential uses have been limited to the area south of B Street. The area north of B Street is primarily residential with the exception of a scattering of -non-conforming office and neighborhood commercial uses located along Van Buren Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located.within 200 feet of the proposed site along with the Hillcrest Residents Neighborhood Association and all residents, who could be identified, located within 300-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Van Buren Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Van Buren Street and the alley. 3. At the time of building permit review, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of existing sewer service unknown. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. 2 FILE NO.: Z-8263 Central Arkansas Water: Contact Central Arkansas Water if this premise becomes a business or if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short -form Planned Commercial Development to allow the conversion of an existing single family home to be used as a residence and a nail salon with three to four employees. A land use plan amendment for a change to Mixed Use is a separate item on this agenda (LU07-04-01). Master Street Plan: North Van Buren is shown as a Minor Arterial with reduced standards on the Master Street Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal states: "Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is one again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses." Landscape: 1. The site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a six foot nine inch wide (6'-9") land use buffer between this property and the property to the west. Seventy percent of this area is to remain undisturbed. 3 FILE NO.: Z-8263 (Cont. 3. The landscape ordinance requires a six foot nine inch wide (6'-9") landscape strip around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. The property to the west is zoned residential, therefore, 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 western perimeter of the site. 5. This area is located within the designated mature area of the City. 6. Credit for saving existing on site trees can be given thus reducing the number of trees that will be required to plant as a part of this application. G. SUBDIVISION COMMITTEE COMMENT: (September 6, 2007) The applicant was present. Staff presented the item stating the applicant was requesting a rezoning to allow the use of the site as a residence and a full service salon. Staff stated there were a number of technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff questioned the total square footage of the existing structure and the proposed expansion area. Staff also questioned if the site would utilize a dumpster and, if so, the location of the proposed dumpster facility. Staff stated the site was located within the newly adopted Hillcrest Design Overlay District. Staff stated they had provided the overlay district standards and requested the applicant provide details of the indicated items. Public Works comments were addressed. Staff stated a dedication of right of way 35-feet from centerline would be required per the Master Street Plan. Staff also stated a 20-foot radial dedication would be required at the intersection of the alley and Van Buren Street. Landscaping Comments were addressed. Staff stated buffering and screening would be required along the perimeters of the site. Staff also stated any variances from the Landscape Ordinance would require approval from the City Beautiful Commission. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and 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 September 6, 2007, Subdivision Committee meeting. The applicant ,has indicated the site will not utilize a dumpster, provided the total square footage of the existing structure and the expansion area and provided 0 FILE NO.: Z-8263 (Cont. details of their site related to the Hillcrest Design Overlay District typical standards. The applicant is seeking a rezoning from R-3, Single-family to Planned Development Commercial to allow the utilization of the site as a full service salon. The shop has four employees including the owner. The shop offers a variety of services including manicure, pedicure, massage, tanning, hair coloring, hair cutting, hair removal, permanent makeup and other beauty/aesthetic services. The applicant has indicated she will reside in the structure as well. The existing structure contains 1,228 square feet and the site plan includes an expansion area of 1,016 square feet. The typical parking required for a salon is one space per two hundred square feet of gross building area or 6 spaces with the existing square footage and 11 spaces with the expanded area. The parking standard per Hillcrest Design Overlay District is set at 50 percent of the typical parking requirement of the zoning ordinance with the maximum parking allowed being the minimum parking established; ,by the ordinance. Based this assessment the maximum parking allowed would be eleven spaces and the preferred parking would be five spaces. The rear yard is proposed with ten (10) parking spaces. The parking will be accessed via an alley located along the northern perimeter. The current floor area ratio is 15.6 percent and the floor area ratio with the addition of the future residential area would be 22.1 percent. The building height has been indicated not to exceed 39-feet or two and one-half stories. The Hillcrest Design Overlay District indicates a maximum floor area ratio of 0.50 percent for residential structure with more than one floor and a lot area in excess of 8,000 square feet. Maximum building heights allowed is 39-feet for two and one-half story homes. The site plan indicates the placement of a monument sign in the front yard area with a maximum height of eight feet and a total sign area of 120 square feet. The Hillcrest Design Overlay District typically allows signage as permitted in office and institutional zones or a maximum of six feet in height and sixty-four square feet in area. The business hours proposed are Monday through Saturday from 10 am to 8 pm. Other times will be available by appointment. Staff is not supportive of the request. Staff feels the expansion of the commercial activities into the neighborhood could significantly impact the area. The development is proposed as a full service salon with four operators. The proposed use is not a quiet commercial use but in fact a commercial activity which could potentially generate in excess of 40 to 50 trips per day. (Typical single-family trip generation is eight to ten trips per day.) 5 FILE NO.: Z-8 As indicated in the write-up for the Future Land Use Plan amendment, the change to the Future Land Use Plan for this site would in effect create another small island of non-residential uses on Van Buren Street. The addition of new zoning and land use categories further north than exists today could be seen as encroaching into the neighborhood and on the single-family homes located along Van Buren Street. Staff feels the single family residential nature of North Van Buren Street should be protected and upheld. Staff feels the commercial activities should remain as presently exist and be maintained south of B Street and along West Markham Street and not be allowed to erode the neighborhood. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 27, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Steve Niswanger addressed the Commission on behalf of the applicant. He stated his desire was to amend the application and more clearly state the intent of the development. He stated the application was amended to limit the number of full time employees to one and two part time employees. He stated the business would be run by appointment only. He stated the business would not allow massages, tanning or permanent make-up. He stated -the site plan would be revised to allow eight parking spaces and not the ten as indicated. He stated the use would be limited to Ms. Mensie and not be a transferable use to any future property owner. He stated if Ms. Mensie moved or no longer operated the shop the property would revert to the R-3, Single- family zoning as it currently held. He stated presently there were a number of commercial businesses located in the area. He stated to the north and south were commercial establishments fronting on Van Buren Street. He stated traffic in the area was a concern. He stated Van Buren Street was a cut -through street from the Heights to 1-630. Ms. Sara Chastain addressed the Commission in support. She stated she was a customer of Ms. Mensie and had been for a number of years. She stated Ms. Mensie was a hard worker and should be allowed to operate her business from the site. Ms. Sandra Tindall addressed the Commission in support of the request. She stated Ms. Mensie provided a service to the cancer patients staying in the nearby hotel. She stated Ms. Mensie would come -in on Sundays and provide nail care service to these clients. Ms. Elizabeth Clarke addressed the Commission in support of the request. She stated she lived in Hillcrest and felt the addition of the business was an asset to the area. She stated she would be happy to have Ms. Mensie as a neighbor. She stated she was a A FILE NO.: Z-8263 (Cont. customer of Ms. Mensie and when she was in the salon there was a maximum of five cars in the parking lot. She stated the business operated by appointment only which allowed for Ms. Menise to provide full service to her customers. Ms. Marcella Callaham addressed the Commission in support. She stated Ms. Mensie was a hard working individual and she would be glad to have Ms. Mensie as a neighbor. She stated she felt the addition of a minority business in the area would be an asset. Ms. Becky Whelan addressed the Commission in support of the request. She stated Ms. Mensie was a hard working individual and she could not imagine why the neighbors did not want Ms. Menise as a neighbor. She stated the site was in disrepair when Ms. Mensie bought the place and she had cleaned the site and added improvements to the structure `and the lawn. She stated the property had improved and would only continue to improve if Ms. Mensie was allowed to operate her salon from the site. Ms. Marcia Camp addressed the Commission in opposition. She stated the neighbors were working to increase property values in the area. She stated the placement of a commercial business in the neighborhood would act to detract from property values. She stated crime was a concern of the neighbors. She stated with the placement of a commercial business in the area there was a potential for the criminal element to increase. She stated the neighborhood was plagued with persons walking the neighborhood casing the area looking for things to steal. She stated this was not a perceived problem and stated she provided the Commission with police reports noting the criminal activity in the area. Mr. Clint Davis addressed the Commission in opposition of the request. He stated the traffic on B Street and Van Buren Street was significant. He stated he agreed with staff and did not feel the site an appropriate location for a commercial business. Mr. Robert Germany addressed the Commission in opposition of the request. He stated his home abutted the back yard of Ms. Mensie. He stated he did not feel the location appropriate for commercial. He stated the water from Ms. Mensie's site drained across his property. He stated if the rear yard was paved this would only increase the water run-off onto his property. He stated traffic was a concern. He stated the traffic on Van Buren Street was significant. He stated there were a number of businesses located along Van Buren Street but most were grand-farthered in and had been commercial establishments for a number of years. He stated commercial activities should remain on West Markham Street and Kavanaugh Boulevard and not be allowed to encroach into the residential neighborhoods. Ms. Paula Lingo addressed the Commission in opposition of the request. She stated the residents were working to fix their homes and did not feel it appropriate for a commercial business to locate in the area. She stated she was in strong support of the Overlay which was recently adopted by the Board of Directors which established design guidelines for the area. She stated she was concerned with traffic backing into the alley. She stated a number of the homes were accessed via alleyways but she did not 7 FILE NO.: Z-8263 (Cont_) feel the alley should provide ingress and egress for commercial businesses. She stated the alley was for personal access to the homes and not commercial establishments. Mr. Scott Smith addressed the Commission. He stated he was president of the Hillcrest Residents Association. He stated the association was not in support of the request. He stated he felt the neighborhood should be protected. He stated he felt the use was proposed in the wrong place within the neighborhood. Ms. Delores Lecompte addressed the Commission in opposition. She stated she was in support of Kimmie but not in changing the zoning. She questioned if there was a way to keep Kimmie and not change the zoning. Ms. Ruth Bell addressed the Commission in opposition. She stated the request was spot zoning. She stated the area was a residential neighborhood. She stated in some cities the character of the homes abutting an arterial was different on each side of the street. She stated this was not the case in Hillcrest. She stated the area had maintained the residential qualities and did not feel the commercial should be allowed to encroach into the neighborhood. Ms. Mensie addressed the Commission. She stated there were a number of improvements envisioned for the property including the rear yard area and the alley. Mr. Barry Williams, the landscape architect for the development, addressed the Commission. He stated the request was a PD-C request which would limit the future uses of the property. He stated with the commercial business the area would be protected by allowing customers and neighbors to watch out for each other. He stated Ms. Mensie had restricted her application and felt the request reasonable. There was a general discussion by the Commission concerning the proposed use of the property and the impact the commercial business would have on the area. The Commission indicated the request was a planning and zoning issue. The Commission questioned Ms. Mensie as to when she purchased the property if she was told she could operate her business from the site. She stated she was told it should not be an issue. The Commission also questioned if Ms. Mensie would reside in the home. She stated she would not live in the home only use the structure for her business. Mr. Niswanger stated the application request was to reside in the home. He stated he felt the response by Ms. Mensie was an emotional response. The Commissioners stated they felt there were adequate properties zoned for commercial uses located along West Markham Street and Kavanaugh Boulevard and could not support the request. A motion was made to approve the request. The motion failed by a vote of 1 aye, 6 noes, 3 absent and 1 open position. 0 #�Zt OFFICE OF THE CITY MANAGER LITTLE ROCK, ARKANSAS , BOARD OF DIRECTORS COMMUNICATI NOVEMBER 20, 2007 AGENDA Subject Land Use Plan Amendment — Heights Hillcrest Planning District — LU07-04-01 at 310 No Van B ren �T Submitted by: Planning and Development SYNOPSIS IMP RECOMMENDATION CITIZEN PARTICIPATION BACKGROUND Action Required I Approved By Ordinance m� Resolution Approval Informat'on R ort iBruce ore City Manager Land Use Plan amendments in the Heights Hillcrest Planning District from Single Family to Mixed Use for future development. N/A Planning Staff recommends denial. The Planning Commission reviewed this issue at its September 27, 2007 meeting and did not recommend approval (1 in favor, 6 against, 3 absent and 1 open position). There were seven object rs Dresent. All residents within 300 feet who could be identified and the Hillcrest Residents Association were notified of the public hearing. This application is located in Little Rock's Hillcrest area, which is characterized by higher density single family homes developed on 50' by 150' lots. This application area is surrounded by these type single-family homes. Van Buren Street is shown as a Minor Arterial with reduced standards on the Master Street plan. This street has historically been part of the single-family neighborhood that surrounds it, but over the last several years it has had pressure to change into a more commercial corridor. Commercial uses are ideal at the BACKGROUND CONTINUED intersection of arterials such as the intersection of Markham and Van Buren south of this amendment area. There is a small area of Commercial on both sides of Van Buren on the north side of Markham. An Office and Suburban Office area is shown as a buffer between the Commercial uses and residential uses to the north. Over time, several single-family houses along this area have been converted to non-residential uses or demolished and this trend appears to be moving north along Van Buren. This is not one of the non -conforming uses nor is it adjacent to a non- conforming use. This would in effect create another small island of non-residential uses on Van Buren. The Hillcrest Neighborhood Action Plan specifically calls for "no net loss of residential units by demolition or conversion to other uses." This goal is supported by the two objectives directing specific policy for preserving the aesthetic nature of the neighborhood and establishing design standards consistent with the neighborhood's character. Van Buren Street is still mostly comprised of single family homes in good repair. The addition of new zoning and land use categories further north into the neighborhood could be seen as encroaching on these single family homes. Staff feels the single family residential nature of North Van Buren Street needs to be protected and upheld. While a change to Mixed Use would still require a Planned Development, Staff does not recommend this change. 2 FILE NO.: LU07-04-01 Name: Land Use Plan Amendment - Heights-Hillcrest Planning District Location: 300 & 310 North Van Buren Request: Single Family to Mixed Use Source: Stephen Niswanger, Niswanger Law Firm PLC PROPOSAL / REQUEST: Land Use Plan amendment in the Heights-Hillcrest Planning District from Single Family to Mixed Use. Mixed Use represents a mixture of residential, office and commercial uses. The applicant has applied for a short form Planned Commercial Development to allow the conversion of an existing single family home to be used as a residence and a nail salon with three to four employees. EXISTING LAND USE AND ZONING: The amendment area is currently zoned R-2 Single Family District and is occupied by two single-family residences. The surrounding area west, north and east of the amendment area is also zoned R-2 and is occupied by single family and two family residences. South of the amendment area is zoned R-2 for a single family house and zoned Planned Commercial Development for Arkansas Prosthetics. Northeast is zoned R-4 Two Family District for some duplexes. FUTURE LAND USE PLAN AND RECENT AMENDMENTS: The amendment area is shown as Single Family on the Future Land Use Plan. The plan shows Single Family for everything along Van Buren Street between B and G Streets. South of the amendment area on both sides of Van Buren is shown as Single Family and Suburban Office. Beyond the Suburban Office is shown as Office and Commercial at the intersection of Markham and Van Buren. Ordinance 19422 was approved November 1, 2005 to amend the Plan at A Street from Single Family to Suburban Office for future development. Ordinance 19095 was approved May 18, 2004 to amend the plan at University and Markham from Office to Community Shopping for the proposed Midtown Mall. MASTER STREET PLAN: North Van Buren is shown as a Minor Arterial with reduced standards on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the FILE NO.: LU07-04-01 Cont. urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians. This street may require dedication of right-of- way and may require street improvements for entrances and exits to the site. BICYCLE PLAN: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. 9 According to the Master Parks Plan, this site is within eight blocks of a park or open space. The amendment area is just two blocks north of War Memorial Park. HISTORIC DISTRICTS: There are no city recognized historic districts that would be affected by this amendment. ITY RECOGNIZED NEIGHBORHOOD ACTION PLAN: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal states: "Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is one again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses." ANALYSIS: This application is located in Little Rock's Hillcrest area, which is characterized by higher density single family homes developed on 50' by 150' lots. This application area is surrounded by these type single-family homes. Van Buren Street is shown as a Minor Arterial with reduced standards on the Master Street plan. This street has historically been part of the single-family neighborhood that surrounds it, but over the last several years it has had pressure to change into a more commercial corridor. Commercial uses are ideal at the intersection of arterials such as the intersection of Markham and Van Buren south of this amendment area. There is a small area of Commercial on both sides of Van Buren on the north side of Markham. An Office and Suburban Office area is shown as a buffer between the Commercial uses and residential uses to the north. Over time, several single-family houses along this area have been converted to non-residential uses or demolished and this trend appears to be moving north along Van Buren. This is not one of the non -conforming uses nor is it adjacent to a non -conforming use. This would in effect create another small island of non-residential uses on Van Buren. 2 FILE NO.: LU07-04-01 Cont.) The Hillcrest Neighborhood Action Plan specifically calls for "no net loss of residential units by demolition or conversion to other uses." This goal is supported by the two objectives directing specific policy for preserving the aesthetic nature of the neighborhood and establishing design standards consistent with the neighborhood's character. Van Buren Street is still mostly comprised of single family homes in good repair. The addition of new zoning and land use categories further north into the neighborhood could be seen as encroaching on these single family homes. Staff feels the single family residential nature of North Van Buren Street needs to be protected and upheld. While a change to Mixed Use would still require a Planned Development, Staff does not recommend this change. NEIGHBORHOOD COMMENTS: Notices were sent to the following neighborhood association: Hillcrest Residents Association. Staff has received two comments in opposition from area residents. STAFF RECOMMENDATIONS: Staff believes the change is not appropriate. PLANNING COMMISSION ACTION: (SEPTEMBER 27, 2007) Brian Minyard, City Staff, made a brief presentation to the commission covering the Future Land Use Plan in the area, existing non -conforming businesses in the area (of which this is not one), comments from the neighborhood action plan and appropriate locations for non-residential uses. Donna James made a presentation of item 17.1 so the discussion could coincide with the discussion for item N. See item 17.1 for a complete discussion concerning the Nails by Kimmie Short -from PD-C. A motion was made to approve the item and was denied with a vote of 1 aye, 6 noes, 3 absent, and 1 open position. 3 FILE NO.: Z-8263 NAME: Nails by Kimmie Short -form PD-C LOCATION: Located at 310 North Van Buren Street DEVELOPER: Kimberly Mensie C/o Niswanger Law Firm 5 Innwood Circle, Suite 110 Little Rock, AR 72211 DESIGN PROFESSIONAL: Barry Williams Roberts and Williams Associates 1501 N. University Avenue, Suite 430 Little Rock, AR 72207 AREA: 0.19 acres CURRENT ZONING ALLOWED USES PROPOSED ZONING: PROPOSED USE NUMBER OF LOTS: 1 R-3, Single-family Single-family residential P D-C FT. NEW STREET: 0 LF Residential and a Full Service Salon VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is the owner and operator of Nails by Kimmie and the owner of property located at 310 North Van Buren Street. The applicant is seeking a rezoning from R-3, Single-family to Planned Development Commercial to allow the utilization of the site as a full service salon. The shop has four employees including the owner. The shop offers a variety of services including manicure, pedicure, massage, tanning, hair coloring, hair cutting, hair removal, permanent makeup and other beauty/aesthetic services. The applicant also intends to reside in the structure. FILE NO.: Z-8263 (Cont, Normal business hours are from 10 am to 8 pm Monday through Saturday. Other times are available by appointment. A single sign to identify the business and direct customers to the rear yard parking is proposed within the front yard area. The rear yard is proposed to be paved with ten (10) parking spaces. The parking will be accessed via an alley located along the northern perimeter. B. EXISTING CONDITIONS: The site contains a single-family home with a functioning alley located along the northern boundary of the home. The rear yard area is open with a large tree located in the center of the yard. The non-residential uses have been limited to the area south of B Street. The area north of B Street is primarily residential with the exception of a scattering of non -conforming office and neighborhood commercial uses located along Van Buren Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200 feet of the proposed site along with the Hillcrest Residents Neighborhood Association and all residents, who could be identified, located within 300-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Van Buren Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Van Buren Street and the alley. 3. At the time of building permit review, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of existing sewer service unknown. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point EneLgy: No comment received. AT & T: No comment received. 2 FILE NO.: Z-8263 Central Arkansas Water: Contact Central Arkansas Water if this premise becomes a business or if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short -form Planned Commercial Development to allow the conversion of an existing single family home to be used as a residence and a nail salon with three to four employees. A land use plan amendment for a change to Mixed Use is a separate item on this agenda (LU07-04-01). Master Street Plan: North Van Buren is shown as a Minor Arterial with reduced standards on the Master Street Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: , Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal states: "Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is one again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses." Landscape: 1. The site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a six foot nine inch wide (6'-9") land use buffer between this property and the property to the west. Seventy percent of this area is to remain undisturbed. 3 FILE NO.: Z-8263 (Cont. 3. The landscape ordinance requires a six foot nine inch wide (6'-9") landscape strip around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. The property to the west is zoned residential, therefore, 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 western perimeter of the site. 5. This area is located within the designated mature area of the City. 6. Credit for saving existing on site trees can be given thus reducing the number of trees that will be required to plant as a part of this application. G. SUBDIVISION COMMITTEE COMMENT: (September 6, 2007) The applicant was present. Staff presented the item stating the applicant was requesting a rezoning to allow the use of the site as a residence and a full service salon. Staff stated there were a number of technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff questioned the total square footage of the existing structure and the proposed expansion area. Staff also questioned if the site would utilize a dumpster and, if so, the location of the proposed dumpster facility. Staff stated the site was located within the newly. adopted Hillcrest Design Overlay District. Staff stated they had provided the, overlay district standards and requested the applicant provide details of the indicated items. Public Works comments were addressed. Staff stated a dedication of right of way 35-feet from centerline would be required per the Master Street Plan. Staff also stated a 20-foot radial dedication would be required at the intersection of the alley and Van Buren Street. Landscaping Comments were addressed. Staff stated buffering and screening would be required along the perimeters of the site. Staff also stated any variances from the Landscape Ordinance would require approval from the City Beautiful Commission. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and 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 September 6, 2007, Subdivision Committee meeting. The applicant has indicated the site will not utilize a dumpster, provided the total square footage of the existing structure and the expansion area and provided rd FILE NO.: Z-8263 (Cont. details of their site related to the Hillcrest Design Overlay District typical standards. The applicant is seeking a rezoning from R-3, Single-family to Planned Development Commercial to allow the utilization of the site as a full service salon. The shop has four employees including the owner. The shop offers a variety of services including manicure, pedicure, massage, tanning, hair coloring, hair cutting, hair removal, permanent makeup and other beauty/aesthetic services. The applicant has indicated she will reside in the structure as well. The existing structure contains 1,228 square feet and the site plan includes an expansion area of 1,016 square feet. The typical parking required for a salon is one space per two hundred square feet of gross building area or 6 spaces with the existing square footage and 11 spaces with the expanded area. The parking standard per Hillcrest Design Overlay District is set at 50 percent of the typical parking requirement of the zoning ordinance with the maximum parking allowed being the minimum parking established by the ordinance. Based this assessment the maximum parking allowed would be eleven spaces and the preferred parking would be five spaces. The rear yard is proposed with ten (10) parking spaces. The parking will be accessed via an alley located along the northern perimeter. The current floor area ratio is 15.6 percent and the floor area ratio with the addition of the future residential area would be 22.1 percent. The building height has been indicated not to exceed 39-feet or two and one-half stories. The Hillcrest Design Overlay District indicates a maximum floor area ratio of 0.50 percent for residential structure with more than one floor and a lot area in excess of 8,000 square feet. Maximum building heights allowed is 39-feet for two and one-half story homes. The site plan indicates the placement of a monument sign in the front yard area with a maximum height of eight feet and a total sign area of 120 square feet. The Hillcrest Design Overlay District typically allows signage as permitted in office and institutional zones or a maximum of six feet in height and sixty-four square feet in area. The business hours proposed are Monday through Saturday from 10 am to 8 pm. Other times will be available by appointment. Staff is not supportive of the request. Staff feels the expansion of the commercial activities into the neighborhood could significantly impact the area. The development is proposed as a full service salon with four operators. The proposed use is not a quiet commercial use but in fact a commercial activity which could potentially generate in excess of 40 to 50 trips per day. (Typical single-family trip generation is eight to ten trips per day.) l: FILE NO.: Z-8263 As indicated in the write-up for the Future Land Use Plan amendment, the change to the Future Land Use Plan for this site would in effect create another small island of non-residential uses on Van Buren Street. The addition of new zoning and land use categories further north than exists today could be seen as encroaching into the neighborhood and on the single-family homes located along Van Buren Street. Staff feels the single family residential nature of North Van Buren Street should be protected and upheld. Staff feels the commercial activities should remain as presently exist and be maintained south of B Street and along West Markham Street and not be allowed to erode the neighborhood. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 27, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Steve: Niswanger addressed the Commission on behalf of the applicant. He stated his desire was to amend the application and more clearly state the intent of the development. He stated the application was amended to limit the number of full time employees to one and two part time employees. He stated the business would be run by appointment only. He stated the business would not allow massages, tanning or permanent make-up. He stated the site plan would be revised to allow eight parking spaces and not the ten as indicated. He stated the use would be limited to Ms. Mensie and not be a transferable use to any future property owner. He stated if Ms. Mensie moved orno longer operated the shop the property would revert to the R-3; Single- family zoning as it currently held. He stated presently there were a number of commercial businesses located in the area. He stated to the north and south were commercial establishments fronting on Van Buren Street. He stated traffic in the area was a concern. He stated Van Buren Street was a cut -through street from the Heights to 1-630. Ms. Sara Chastain addressed the Commission in support. She stated she was a customer of Ms. Mensie and had been for a number of years. She stated Ms. Mensie was a hard worker and should be allowed to operate her business from the site. Ms. Sandra Tindall addressed the Commission in support of the request. She stated Ms. Mensie provided a service to the cancer patients staying in the nearby hotel. She stated Ms. Mensie would come -in on Sundays and provide nail care service to these clients. Ms. Elizabeth Clarke addressed the Commission in support of the request. She stated she lived in Hillcrest and felt the addition of the business was an asset to the area. She stated she would be happy to have Ms. Mensie as a neighbor. She stated she was a 9 FILE NO.: Z-8263 (Cont. customer of Ms. Mensie and when she was in the salon there was a maximum of five cars in the parking lot. She stated the business operated by appointment only which allowed for Ms. Menise to provide full service to her customers. Ms. Marcella Callaham addressed the Commission in support. She stated Ms. Mensie was a hard working individual and she would be glad to have Ms. Mensie as a neighbor. She stated she felt the addition of a minority business in the area would be an asset. Ms. Becky Whelan addressed the Commission in support of the request. She stated Ms. Mensie was a hard working individual and she could not imagine why the neighbors did not want Ms. Menise as a neighbor. She stated the site was in disrepair when Ms. Mensie bought the place and she had cleaned the site and added improvements to the structure and the lawn. She stated the property had improved and would only continue to improve if Ms. Mensie was allowed to operate her salon from the site. Ms. Marcia Camp addressed the Commission in opposition. She stated the neighbors were working to increase property values in the area. She stated the placement of a commercial business in the neighborhood would act to detract from property values. She stated crime was a concern of the neighbors. She stated with the placement of a commercial business in the area there was a potential for the criminal element to increase. She stated the neighborhood was plagued with persons walking the neighborhood casing the area looking for things to steal. She stated this was not a perceived problem and stated she provided the Commission with police reports noting the criminal activity in the area. Mr. Clint Davis addressed the Commission in opposition of the request. He stated the traffic on B Street and Van Buren Street was significant. He stated he agreed with staff and did not feel the site an appropriate location for a commercial business. Mr. Robert Germany addressed the Commission in opposition of the request. He stated his home abutted the back yard of Ms. Mensie. He stated he did not feel the location appropriate for commercial. He stated the water from Ms. Mensie's site drained across his property. He stated if the rear yard was paved this would only increase the water run-off onto his property. He stated traffic was a concern. He stated the traffic on Van Buren Street was significant. He stated there were a number of businesses located along Van Buren Street but most were grand-farthered in and had been commercial establishments for a number of years. He stated commercial activities should remain on West Markham Street and Kavanaugh Boulevard and not be allowed to encroach into the residential neighborhoods. Ms. Paula Lingo addressed the Commission in opposition of the request. She stated the residents were working to fix their homes and did not feel it appropriate for a commercial business to locate in the area. She stated she was in strong support of the Overlay which was recently adopted by the Board of Directors which established design guidelines for the area. She stated she was concerned with traffic backing into the alley. She stated a number of the homes were accessed via alleyways but she did not 7 FILE NO.: Z-8263 (Cont. feel the alley should provide ingress and egress for commercial businesses. She stated the alley was for personal access to the homes and not commercial establishments. Mr. Scott Smith addressed the Commission. He stated he was president of the Hilicrest Residents Association. He stated the association was not in support of the request. He stated he felt the neighborhood should be protected. He stated he felt the use was proposed in the wrong place within the neighborhood. Ms. Delores Lecompte addressed the Commission in opposition. She stated she was in support of Kimmie but not in changing the zoning. She questioned if there was a way to keep Kimmie and not change the zoning. Ms. Ruth Bell addressed the Commission in opposition. She stated the request was spot zoning. She stated the area was a residential neighborhood. She stated in some cities the character of the homes abutting an arterial was different on each side of the street. She stated this was not the case in Hillcrest. She stated the area had maintained the residential qualities and did not feel the commercial should be allowed to encroach into the neighborhood. Ms. Mensie addressed the Commission. She stated there were a number of improvements envisioned for the property including4he rear yard area and the alley. Mr. Barry Williams, the landscape architect for the development, addressed the Commission. He stated the request was a PD-C request which would limit the future uses of the property. He stated with the commercial business the area would be protected by allowing customers and neighbors to watch out for each other. He stated Ms. Mensie had restricted her application and felt the request reasonable. There was a general discussion by the Commission concerning the proposed use of the property and the impact the commercial business would have on the area. The Commission indicated the request was a planning and zoning issue. The Commission questioned Ms. Mensie as to when she purchased the property if she was told she could operate her business from the site. She stated she was told it should not be an issue. The Commission also questioned if Ms. Mensie would reside in the home. She stated she would not live in the home only use the structure for her business. Mr. Niswanger stated the application request was to reside in the home. He stated he felt the response by Ms. Mensie was an emotional response. The Commissioners stated they felt there were adequate properties zoned for commercial uses located along West Markham Street and Kavanaugh Boulevard and could not support the request. A motion was made to approve the request. The motion failed by a vote of 1 aye, 6 noes, 3 absent and 1 open position. `. September 27, 2007 ITEM NO.: 17.1 NAME: Nails by Kimmie Short -form PD-C LOCATION: Located at 310 North Van Buren Street DEVELOPER: Kimberly Mensie C/o Niswanger Law Firm 5 Innwood Circle, Suite 110 Little Rock, AR 72211 DESIGN PROFESSIONAL: Barry Williams Roberts and Williams Associates 1501 N. University Avenue, Suite 430 Little Rock, AR 72207 AREA: 0.19 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING NUMBER OF LOTS: 1 R-3, Single-family Single-family residential P D-C FILE NO.: Z-8263 FT. NEW STREET: 0 LF PROPOSED USE: Residential and a Full Service Salon VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The applicant is the owner and operator of Nails by Kimmie and the owner of property located at 310 North Van Buren Street. The applicant is seeking a rezoning from R-3, Single-family to Planned Development Commercial to allow the utilization of the site as a full service salon. The shop has four employees including the owner. The shop offers a variety of services including manicure, pedicure, massage, tanning, hair coloring, hair cutting, hair removal, permanent makeup and other beauty/aesthetic services. The applicant also intends to reside in the structure. September 27, 2007 SUBDIVISION ITEM NO.: 17.1 (Cont. FILE NO.: Z-8263 Normal business hours are from 10 am to 8 pm Monday through Saturday. Other times are available by appointment. A single sign to identify the business and direct customers to the rear yard parking is proposed within the front yard area. The rear yard is proposed to be paved with ten (10) parking spaces. The parking will be accessed via an alley located along the northern perimeter. B. EXISTING CONDITIONS: The site contains a single-family home with a functioning alley located along the northern boundary of the home. The rear yard area is open with a large tree located in the center of the yard. The non-residential uses have been limited to the area south of B Street. The area north of B Street is primarily residential with the exception of a scattering of non -conforming office and neighborhood commercial uses located along Van Buren Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All owners of property located within 200 feet of the proposed site along with the Hillcrest Residents Neighborhood Association and all residents, who could be identified, located within 300-feet of the site were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Van Buren Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Van Buren Street and the alley. 3. At the time of building permit review, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Location of existing sewer service unknown. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Enteggy: No comment received. Center -Point Energy: No comment received. 2 September 27, 2007 SUBDIVISION ITEM NO.: 17.1 Cont. FILE NO.: Z-8263 AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if this premise becomes a business or if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. F. ISSUES/TECHNICAL/DESIGN: _Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short -form Planned Commercial Development to allow the conversion of an existing single family home to be used as a residence and a nail salon with three to four employees. A land use plan amendment for a change to Mixed Use is a separate item on this agenda (LU07-04-01). Master Street Plan: North Van Buren is shown as a Minor Arterial with reduced standards on the Master Street Plan. 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. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Play: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal states: "Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is one again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses." 3 September 27, 2007 SUBDIVISION ITEM NO.: 17.1 (Cont.) FILE NO.: Z-8263 Landscape: 1. The site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a six foot nine inch wide (6'-9") land use buffer between this property and the property to the west. Seventy percent of this area is to remain undisturbed. 3. The landscape ordinance requires a six foot nine inch wide (6-9") landscape strip around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. The property to the west is zoned residential, therefore, 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 western perimeter of the site. 5. This area is located within the designated mature area of the City. 6. Credit for saving existing on site trees can be given thus reducing the number of trees that will be required to plant as a part of this application. G. SUBDIVISION COMMITTEE COMMENT: (September 6, 2007) The applicant was present. Staff presented the item stating the applicant was requesting a rezoning to allow the use of the site as a residence and a full service salon. Staff stated there were a number of technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff questioned the total square footage of the existing structure and the proposed expansion area. Staff also questioned if the site would utilize a dumpster and, if so, the location of the proposed dumpster facility. Staff stated the site was located within the newly adopted Hillcrest Design Overlay District. Staff stated they had provided the overlay district standards and requested the applicant provide details of the indicated items. Public Works comments were addressed. Staff stated a dedication of right of way 35-feet from centerline would be required per the Master Street Plan. Staff also stated a 20-foot radial dedication would be required at the intersection of the alley and Van Buren Street. Landscaping Comments were addressed. Staff stated buffering and screening would be required along the perimeters of the site. Staff also stated any variances from the Landscape Ordinance would require approval from the City Beautiful Commission. 51 September 27, 2007 SUBDIVISION ITEM NO.: 17.1 (Cont. r2�W1161W . . Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact them directly for additional information and 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 September 6, 2007, Subdivision Committee meeting. The applicant has indicated the site will not utilize a dumpster, provided the total square footage of the existing structure and the expansion area and provided details of their site related to the Hillcrest Design Overlay District typical standards. The applicant is seeking a rezoning from R-3, Single-family to Planned Development Commercial to allow the utilization of the site as a full service salon. The shop has four employees including the owner. The shop offers a variety of services including manicure, pedicure, massage, tanning, hair coloring, hair cutting, hair removal, permanent makeup and other beauty/aesthetic services. The applicant has indicated she will reside in the structure as well. The existing structure contains 1,228 square feet and the site plan includes an expansion area of 1,016 square feet. The typical parking required for a salon is one space per two hundred square feet of gross building area or 6 spaces with the existing square footage and 11 spaces with the expanded area. The parking standard per Hillcrest Design Overlay District is set at 50 percent of the typical parking requirement of the zoning ordinance with the maximum parking allowed being the minimum parking established by the ordinance. Based this assessment the maximum parking allowed would be eleven spaces and the preferred parking would be five spaces. The rear yard is proposed with ten (10) parking spaces. The parking will be accessed via an alley located along the northern perimeter. The current floor area ratio is 15.6 percent and the floor area ratio with the addition of the future residential area would be 22.1 percent. The building height has been indicated not to exceed 39-feet or two and one-half stories. The Hillcrest Design Overlay District indicates a maximum floor area ratio of 0.50 percent for residential structure with more than one floor and a lot area in excess of 8,000 square feet. Maximum building heights allowed is 39-feet for two and one-half story homes. The site plan indicates the placement of a monument sign in the front yard area with a maximum height of eight feet and a total sign area of 120 square feet. The Hillcrest Design Overlay District typically allows signage as permitted in office 5 September 27, 2007 SUBDIVISION ITEM NO.: 17.1 Cont. FILE NO.: Z-8263 and institutional zones or a maximum of six feet in height and sixty-four square feet in area. The business hours proposed are Monday through Saturday from 10 am to 8 pm. Other times will be available by appointment. Staff is not supportive of the request. Staff feels the expansion of the commercial activities into the neighborhood could significantly impact the area. The development is proposed as a full service salon with four operators. The proposed use is not a quiet commercial use but in fact a commercial activity which could potentially generate in excess of 40 to 50 trips per day. (Typical single-family trip generation is eight to ten trips per day.) As indicated in the write-up for the Future Land Use Plan amendment, the change to the Future Land Use Plan for this site would in effect create another small island of non-residential uses on Van Buren Street. The addition of new zoning and land use categories further north than exists today could be seen as encroaching into the neighborhood and on the single-family homes located along Van Buren Street. Staff feels the single family residential nature of North Van Buren Street should be protected and upheld. Staff feels the commercial activities should remain as presently exist and be maintained south of B Street and along West Markham Street and not be allowed to erode the neighborhood. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (SEPTEMBER 27, 2007) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Steve Niswanger addressed the Commission on behalf of the applicant. He stated his desire was to amend the application and more clearly state the intent of the development. He stated the application was amended to limit the number of full time employees to one and two part time employees. He stated the business would be run by appointment only. He stated the business would not allow massages, tanning or permanent make-up. He stated the site plan would be revised to allow eight parking spaces and not the ten as indicated. He stated the use would be limited to Ms. Mensie and not be a transferable use to any future property owner. He stated if Ms. Mensie moved or no longer operated the shop the property would revert to the R-3, Single- family zoning as it currently held. He stated presently there were a number of commercial businesses located in the area. He stated to the north and south were commercial establishments fronting on Van Buren Street. He stated traffic in the area 0 September 27, 2007 SUBDIVISION ITEM NO.: 17.1 (Cont.) FILE NO.: Z-8263 was a concern. He stated Van Buren Street was a cut -through street from the Heights to 1-630. Ms. Sara Chastain addressed the Commission in support. She stated she was a customer of Ms. Mensie and had been for a number of years. She stated Ms. Mensie was a hard worker and should be allowed to operate her business from the site. Ms. Sandra Tindall addressed the Commission in support of the request. She stated Ms. Mensie provided a service to the cancer patients staying in the nearby hotel. She stated Ms. Mensie would come -in on Sundays and provide nail care service to these clients. Ms. Elizabeth Clarke addressed the Commission in support of the request. She stated she lived in Hillcrest and felt the addition of the business was an asset to the area. She stated she would be happy to have Ms. Mensie as a neighbor. She stated she was a customer of Ms. Mensie and when she was in the salon there was a maximum of five cars in the parking lot. She stated the business operated by appointment only which allowed for Ms. Menise to provide full service to her customers. Ms. Marcella Callaham addressed the Commission in support. She stated Ms. Mensie was a hard working individual and she would be glad to have Ms. Mensie as a neighbor. She stated she felt the addition of a minority business in the area would be an asset. Ms. Becky Whelan addressed the Commission in support of the request. She stated Ms. Mensie was a hard working individual and she could not imagine why the neighbors did not want Ms. Menise as a neighbor. She stated the site was in disrepair when Ms. Mensie bought the place and she had cleaned the site and added improvements to the structure and the lawn. She stated the property had improved and would only continue to improve if Ms. Mensie was allowed to operate her salon from the site. Ms. Marcia Camp addressed the Commission in opposition. She stated the neighbors were working to increase property values in the area. She stated the placement of a commercial business in the neighborhood would act to detract from property values. She stated crime was a concern of the neighbors. She stated with the placement of a commercial business in the area there was a potential for the criminal element to increase. She stated the neighborhood was plagued with persons walking the neighborhood casing the area looking for things to steal. She stated this was not a perceived problem and stated she provided the Commission with police reports noting the criminal activity in the area. Mr. Clint Davis addressed the Commission in opposition of the request. He stated the traffic on B Street and Van Buren Street was significant. He stated he agreed with staff and did not feel the site an appropriate location for a commercial business. 7 September 27, 2007 SUBDIVISION ITEM NO.: 17.1 (Cont.) FILE NO.: Z-8263 Mr. Robert Germany addressed the Commission in opposition of the request. He stated his home abutted the back yard of Ms. Mensie. He stated he did not feel the location appropriate for commercial. He stated the water from Ms. Mensie's site drained across his property. He stated if the rear yard was paved this would only increase the water run-off onto his property. He stated traffic was a concern. He stated the traffic on Van Buren Street was significant. He stated there were a number of businesses located along Van Buren Street but most were grand-farthered in and had been commercial establishments for a number of years. He stated commercial activities should remain on West Markham Street and Kavanaugh Boulevard and not be allowed to encroach into the residential neighborhoods. Ms. Paula Lingo addressed the Commission in opposition of the request. She stated the residents were working to fix their homes and did not feel it appropriate for a commercial business to locate in the area. She stated she was in strong support of the Overlay which was recently adopted by the Board of Directors which established design guidelines for the area. She stated she was concerned with traffic backing into the alley. She stated a number of the homes were accessed via alleyways but she did not feel the alley should provide ingress and egress for commercial businesses. She stated the alley was for personal access to the homes and not commercial establishments. Mr. Scott Smith addressed the Commission. He stated he was president of the Hillcrest Residents Association. He stated the association was not in support of the request. He stated he felt the neighborhood should be protected. He stated he felt the use was proposed in the wrong place within the neighborhood. Ms. Delores Lecompte addressed the Commission in opposition. She stated she was in support of Kimmie but not in changing the zoning. She questioned if there was a way to keep Kimmie and not change the zoning. Ms. Ruth Bell addressed the Commission in opposition. She stated the request was spot zoning. She stated the area was a residential neighborhood. She stated in some cities the character of the homes abutting an arterial was different on each side of the street. She stated this was not the case in Hillcrest. She stated the area had maintained the residential qualities and did not feel the commercial should be allowed to encroach into the neighborhood. Ms. Mensie addressed the Commission. She stated there were a number of improvements envisioned for the property including the rear yard area and the alley. Mr. Barry Williams, the landscape architect for the development, addressed the Commission. He stated the request was a PD-C request which would limit the future uses of the property. He stated with the commercial business the area would be protected by allowing customers and neighbors to watch out for each other. He stated Ms. Mensie had restricted her application and felt the request reasonable. September 27, 2007 SUBDIVISION ITEM NO.: 17.1 (Cont.) FILE NO.: Z-8263 There was a general discussion by the Commission concerning the proposed use of the property and the impact the commercial business would have on the area. The Commission indicated the request was a planning and zoning issue. The Commission questioned Ms. Mensie as to when she purchased the property if she was told she could operate her business from the site. She stated she was told it should not be an issue. The Commission also questioned if Ms. Mensie would reside in the home. She stated she would not live in the home only use the structure for her business. Mr. Niswanger stated the application request was to reside in the home. He stated he felt the response by Ms. Mensie was an emotional response. The Commissioners stated they felt there were adequate properties zoned for commercial uses located along West Markham Street and Kavanaugh Boulevard and could not support the request. A motion was made to approve the request. The motion failed by a vote of 1 aye, 6 noes, 3 absent and 1 open position. 9 ITEM NO.: 17.1 Z-8263 NAME: Nails by Kimmie Short -form PD-C LOCATION: located at 310 North VanBurean 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 September 12, 2007. The Office of Planning and Development must receive the proof of notice no later than September 21, 2007. 2. Provide the existing total square footage of the structure. 3. Provide details of any proposed signage to be located on the site including ground mounted signage and building signage. 4. The site plan indicates the placement of a six foot opaque privacy fence along the western and southern perimeters to provide screening. 5. Provide the days and hours of operation for the salon. 6. Provide the maximum number of employees of the salon. 7. Will the owner reside on -site? 8. Will there be a dumpster located on the site? If so provide the location of the proposed dumpster along with a note concerning the required screening. 9. Provide details of the proposed residential expansion area. Provide the anticipated time frame for construction. 10. The site is located within the Hillcrest Overlay District of the City of Little Rock. The Overlay District provides the following typical requirements: Provide details of each of the items and measures for addressing these items. a. Floor area ratio — Lot sizes of 8,000 square feet or more — residential structures with one floor, the FAR shall be 0.37; for residential structures with more than one floor, the FAR shall be 0.51. b. The maximum lot coverage for all structures under roof shall not exceed 50%. For lots of 4,500 square feet or less, maximum lot coverage for all structures under roof shall not exceed 60%. c. All setbacks shall be as required for the zoning district, except as follows: front -yard setbacks shall be aligned with the current setbacks of the adjoining residential structures within 10% variation, but no structure may be within the setback. d. The maximum building height shall be 39-feet or two and a half stories, measured from the "grade plane" to the ridge line of the highest roof surface. In addition, new buildings and additions shall be constructed to an elevation that is within one story of the adjacent residential structure. e. Non-residential district regulations shall apply to any office and commercial zoned land within the District. New and renovated buildings (more than 50% - exterior surface area altered) shall be compatible with existing scale, setbacks and massing of the buildings in the immediate area. Item # 17.1. R E h a. Facades: Ground level facades shall reflect the same building materials as existing commercial buildings in the one block area adjacent to and across from the location. Facade materials may be any standard material, except, corrugated or ribbed materials. b. Setbacks from street and alley shall meet current code requirements, expect setbacks may align with surrounding structures. c. Building form — Wall projects or recesses a minimum of three feet depth and a minimum of 20-feet contiguous feet not to extend over twenty percent of the facade shall be required. Arcades, display windows, entry areas or awnings shall exist along at least sixty percent of the facade. d. Buildings shall maintain a distinction between upper and lower levels; any elevation greater than eighteen feet in height shall contain an architectural treatment, which visually divides the structure into 'stories'. Exterior building facade; predominate exterior building materials shall not be smooth -faced concrete block, tilt -up concrete panels or prefabricated steel panels. Parking — Standard parking requirements — Parking requirements within the district shall be 50% of that required by Article VIII of the zoning ordinance. The maximum parking allowed shall be the minimum standard established. Parking facilities — surface parking shall be limited to the side and rear of structures. No parking shall be allowed in the front -yard setback. Surface parking is to be located behind or adjacent to a structure, never between the building and any abutting street. Signage — Permitted signs shall be as in 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% of the street -level office and retail space has direct access to the street. The heights point on any commercial sign attached to the building shall not exceed the corresponding building height. Free standing commercial signs may not exceed 18-feet in height. Neon lit signs greater than 30 square feet are prohibited. Off -premise signs are prohibited. Lighting — The purpose of the section is to regulate the intensity of exterior lighting. The intent is to prevent light from commercial developments from excessively illuminating the property in question, other properties or night sky. Only light fixtures that are categorized as full cut-off fixtures shall be permitted. The use of fully shielded floodlights are permitted but not encouraged. The following are specific standards for lighting intensity based upon the activities performed involved. Values are presented in allowable foot-candles (fc) maintained (measured horizontally) at grade and are to be averaged throughout the site. Pedestrian areas/sidewalks Minimum 0.2 fc Maximum 1.0 fc - Building entries Minimum 1.0 fc Maximum 10.0 fc - Parking areas Minimum 2.0 fc Maximum 4.0 fc. Up lighting may be used to illuminate a building, landscaping element or architectural feature, provided the lighting design has a maximum luminance of 12 fc, measured in a vertical plane. Down lighting is preferred. Item # 17.1. k. A lighting plan shall be submitted for staff review and approval prior to the issuance of a building permit. 36-434.15(6)(a)(b)(c) provides details of the requirements for submission of the lighting plan. Variance/Waivers: None requested. Public Works Conditions: 1. Van Buren Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Van Buren Street and the alley. 3. At the time of building permit review, repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. Utilities and Fire Department/County Planning: Wastewater: Location of existing sewer service unknown. Contact Little Rock Wastewater Utility at 688-1414 for additional details. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if this premise becomes a business or if larger and/or additional water meter(s) are required. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short -form Planned Commercial Development to allow the conversion of an existing single family home to be used as a residence and a nail salon with three to four employees. A land use plan amendment for a change to Mixed Use is a separate item on this agenda (LU07-04-01). Master Street Plan: North Van Buren is shown as a Minor Arterial with reduced standards on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel Item # 17.1. within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: Existing or proposed Class I, II, or III Bikeways are not in the immediate vicinity of the development. City Recognized Neighborhood Action Plan: The applicant's property lies in the area covered by the Hillcrest Neighborhood Action Plan. The Zoning and Land Use goal states: "Adopt a plan of action to stop the degradation, to reverse its course, and to recreate a neighborhood that is one again a pleasant place to work and live. This includes no net loss of residential units by demolition or conversion to other uses." Landscape: 1. The site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a six foot nine inch wide (6-9") land use buffer between this property and the property to the west. Seventy percent of this area is to remain undisturbed. 3. The landscape ordinance requires a six foot nine inch wide (6-9") landscape strip around the sites entirety. A variance from this minimal amount must be obtained from the City Beautiful Commission prior to the issuance of a building permit. 4. The property to the west is zoned residential, therefore, 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 western perimeter of the site. 5. This area is located within the designated mature area of the City. 6. Credit for saving existing on site trees can be given thus reducing the number of trees that will be required to plant as a part of this application. 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, September 12, 2007. Item► # 17.1.