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HomeMy WebLinkAboutZ-8272 Staff AnalysisITEM NO.: 24. NAME: Montvale Short -form PD-C LOCATION: located at 22 Montvale Drive Planning Staff Comments: Z-8272 1. Provide notification of all 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 October 24, 2007. The Office of Planning and Development must receive the proof of notice no later than November 2, 2007. 2. Provide the days and hours of operation for the business. 3. Is any signage being proposed including ground mounted signage or building signage? 4. Will there be any employees of the business? 5. Are any modifications to the site being proposed? 6. Will there be a dumpster added to the site? 7. Provide the number of customers served per day. Variance/Waivers: Public Works Conditions: 1. Due to the proposed use of the property, the Master Street Plans specifies that Montvale Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. 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: Sewer available to this property. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. Item # 34 County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short form PCD. Since this is an in -home business, the request does not require a change to the Land Use Plan. Master Street Plan: Montvale Drive is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: There is not a bike path in this immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain plan, but the plan does not address this issue. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The landscape ordinance and the zoning buffer ordinance requires a nine foot wide (9') landscape strip around all three sides of your property, next to the residentially zoned areas. Seventy percent (70%) of this area is to remain undisturbed. 3. The property to the north, south, and 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 northern, southern, and western perimeters of the site. 4. Additional landscaping may be required with any on site paving. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. 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, October 24, 2007. Item # 34 February 14, 2008 NAME: Montvale Short -form PD-C LOCATION: Located at 22 Montvale Drive DEVELOPER: Mazahir Husain 224 Montvale Drive Little Rock, AR 72212 SURVEYOR: Dee Wilson P.O. Box 604 North Little Rock, AR 72215-0604 AREA: 0.25 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential P D-C FILE NO.: Z-8272 FT. NEW STREET: 0 LF Single-family residential and a single chair beauty salon. VARIANCES/WAIVERS REQUESTED: 1. A waiver of the right of way dedication for Montvale Drive. A. PROPOSAL/REQUEST: The applicant is requesting a rezoning of the site from R-2, Single-family to PD-C to allow the owner to operate a single chair beauty salon from the site. The applicant is not proposing any signage to serve the development. The hours of operation are from 11 am to 7 pm daily. A maximum of five customers are served per day. The applicant is seeking approval for their sole use. The request includes a waiver of the required right of way dedication for Montvale Drive. February 14, 2008 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8272 B. EXISTING CONDITIONS: The area is single-family with this site located mid -block with Montvale Drive ending in a cul de sac. Montvale Drive has been constructed with curb and gutter. There are no sidewalks in place along Montvale Drive. 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 and all residents, who could be identified, located within 300-feet of the site were notified of the Public Hearing. There is not an active neighborhood associated located in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plans specifies that Montvale Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. 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: Sewer available to this property. Enter : No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Install and place fire hydrants per code. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CA T A: The site is not located one a dedicated CATA Bus Route. 2 February 14, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8272 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Single Family for this property. The applicant has applied for a Short form PCD. Since this is an in -home business, the request does not require a change to the Land Use Plan. Master Street Plan: Montvale Drive is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. Bicycle Plan: There is not a bike path in this immediate vicinity. Neighborhood Action Plan: This area is covered by the River Mountain plan, but the plan does not address this issue. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2. The landscape ordinance and the zoning buffer ordinance requires a nine foot wide (9') landscape strip around all three sides of your property, next to the residentially zoned areas. Seventy percent (70%) of this area is to remain undisturbed. 3. The property to the north, south, and 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 northern, southern, and western perimeters of the site. 4. Additional landscaping may be required with any on site paving. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (October 18, 2007) The applicant was present representing the request. Staff presented an overview of the proposed development stating there were few outstanding technical issues associated with the request. Staff requested the applicant provide the total number of clients served per day and the days and hours of operation. Staff also questioned if signage was proposed to identify the business. 3 February 14, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8272 Public Works comments were addressed. Staff stated the use of the property would classify Montvale Drive as a commercial street. Staff requested a requested the applicant provide an additional five feet of right of way along the property frontage. Landscaping comments were addressed. Staff stated screening would be required along the perimeters of the site. Commissioner Yates questioned if the screening was required to be extended to the right of way. Staff stated a fence or plantings would be required to be placed along the northern and southern perimeters to the front and rear property lines. 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: There were no outstanding technical issues in need of addressing remaining from the October 18, 2007, Subdivision Committee meeting. The applicant is seeking a rezoning of this site from R-2, Single-family to PD-C to allow the owner to operate a single chair beauty salon from the site. A beauty salon is prohibited as a home occupation per Section 36-252(6)(c). Typically home occupations are granted when the use does not generate traffic, parking, sewage or water use in excess of what is normal in the residential neighborhood or change the appearance of the dwelling or provide product display visible from the street. The parking criteria for a beauty salon is specifically identified in Section 36-501(3)(f). Personal service establishments are to provide 1.0 space per two -hundred square feet of gross building area. The Article used to define the parking is designed to prevent or alleviate the congestion of the public streets and to promote the safety and welfare of the public. Commercial parking is to be provided on the same premises with the commercial activity. The proposed use is in violation with the Bill of Assurance for the subdivision. The Use of Land section of the Bill of Assurance states - The land herein platted shall be held, owned and used only as residential building sites. No structure shall be erected, altered, placed or permitted to remain on any building site other than a single-family residence. In addition the Commercial Structures Section states - No building or structure or any type may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot. This prohibition shall not apply to any business or structure that may be placed on any lot or portion of a lot that is used exclusively by a public utility company in connection with the furnishing of public utility service to the Pebble Beach Estates. Staff is not supportive of the request. Staff feels the addition of the salon within this single-family neighborhood could potentially impact the neighborhood. Beauty salons are typically high volume traffic generators and staff feels this type C! February 14, 2008 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8272 use should be limited to commercial areas or areas not solely used as residential. STAFF RECOMMENDATIONS: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (NOVEMBER 8, 2007) The applicant was not present. Staff presented the item stating the applicant had submitted a request dated November 1, 2007, requesting a deferral of the item to the February 14, 2008, public hearing. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The chair entertained a motion for placement of the item on the consent agenda for deferral. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. STAFF UPDATE: The applicant submitted a letter dated November 12, 2007, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION. (FEBRUARY 14, 2008) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a letter dated November 12, 2007, requesting withdrawal of this item without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. A motion was made to approve the item as presented by staff on the consent agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. 5