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HomeMy WebLinkAboutZ-8349 Staff AnalysisJune 19, 2008 ITEM NO.: 10 FILE NO.: Z-8349 NAME: John Barrow Neighborhood Association Open Air Market Short -form PCD LOCATION: Located near 3220 South University Avenue DEVELOPER: Fairmont, Inc. c/o Dickson Flake P.O. Box 3546 Little Rock, AR 72203 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.1663 + acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF C-3, General Commercial District General Retail PCD Open Air Market and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The John Barrow Neighborhood Association and the property owner, Fairmont, Inc. request a rezoning of this site from C-3, General Commercial District to Planned Commercial Development (PCD) to allow the property at 3220 South University Avenue to be used as an open air market/display. The property owner has granted John Barrow Neighborhood Association the right to conduct an open-air market on Saturdays. The request is to allow C-3, General Commercial District uses as allowable uses for the site. The hours are proposed from 7 am to 4 pm. June 19, 2008 SUBDIVISION ITEM NO.: 10 [Cont.} FILE NO.: Z-8349 B. EXISTING CONDITIONS: The site is a parking lot serving a commercial development. There are a number of commercial uses in the area including restaurants, a second hand shop and a drug store., The UALR Campus is located to the east of the site and a single-family neighborhood is located to the west of the site. Fronting on Colonel Glenn Road to the south are two large apartment complexes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls from area property owners. Many of the callers have indicated concern with the proposed use of the property. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association, the College Terrace Neighborhood Association, the Broadmoor Property Owners Association, the Fairpark Residents Association and the Curran Conway Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Existing sewer main on site. Contact the Little Rock Sewer Department for additional information. Entergy: No comment received. Center -Point Enemy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Routes #17 - the Mabelvale- Downtown Route, #17A - the Mabelvale UALR Route and #21 - the University Avenue Route. 2 June 19, 2008 SUBDIVISION ITEM NO.: 10(Cont.)FILE NO.: Z-8349 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3, General Commercial to a Planned Commercial Development to allow an open air market on an existing parking lot. The request does not require a change to the Land Use Plan. Master Street Plan: University Avenue is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University Avenue since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in this immediate vicinity. Neighborhood Action Plan: This area is covered by the Boyle Park Neighborhood Action Plan. Their Parks and Recreation Goal states: "Construct facilities which would "draw" more activity to Boyle Park area." A neighborhood market could be seen as one such facility. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: The applicant was not present. Staff presented the item outstanding technical issues associated with the request. discussion of the item. The Committee then forwarde H. ANALYSIS: d There were no technical issues in need of addressing raised at the May 29, 2008, Subdivision Committee meeting. The request is to allow a rezoning from C-3, General Commercial District to Planned Commercial Development (PCD) for use as an open-air market/display for the John Barrow Neighborhood Association. The property owner has granted the association the right to conduct the open-air market on Saturdays. The open-air display is not an activity allowed under the current C-3, General Commercial Zoning District. The request C June 19, 2008 SUBDIVISION ITEM NO.. 10 (Cont.) FILE NO.: Z-8349 includes the allowance of the underlying C-3, General Commercial Zoning District as allowable uses for the site as well. Staff is supportive of the request. Staff does not feel the placement of the market on the site to be approved solely for the John Barrow Neighborhood Association will significantly impact the development or the area. The use of the market is limited to Saturday use, and based on the location proposed for the market, staff does not feel the parking for the existing shopping center will be significantly impacted. To staff's knowledge there are no remaining outstanding technical issues associated with the request. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 19, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. Dickson Flake and Ms Betty Snyder were present representing the request. Mr. Flake stated the site was zoned C-3, General Commercial District and the request was to add an outdoor market to the allowable uses. He stated the market would only be open on Saturdays. He stated the reason for placing the market on University Avenue was because of the volume of traffic on this arterial roadway. He stated the lot was being offered to the Neighborhood Association for free. He stated the only paid employee was the market manager. He stated the stalls would rent for a fee and any revenues in excess of the market managers salary would then be deposited into an account and used by the John Barrow Neighborhood Association for activities within their neighborhood. He stated he had looked for a site for two years and this site seamed a good location for the market. Commissioner Adcock raised several questions. She asked who was eligible to participate in the market. Ms. Snyder stated anyone could rent a stall and sit up on the lot. Commissioner Adcock then stated the market was not limited to John Barrow residents. Ms. Snyder stated the market was open to all persons. 0 June 19, 2008 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8349 Commissioner Adcock questioned who would clean up the site. Ms. Snyder stated the market manager would ensure the site was kept clean and cleaned after each market event. Commissioner Adcock questioned the number of vendors. Mr. Flake stated there were 60 stalls available so approximately 40 vendors could set up on the site. He stated some vendors would take two stalls. Commissioner Adcock questioned if there would be food. Mr. Flake stated no prepared food would be allowed. He stated the desire was to bring in customers to the adjoining businesses. Commissioner Adcock questioned bathroom facilities. Ms. Snyder stated facilities were not located on the site. She stated the desire was the patrons would buy from the businesses and then use their facilities. Commissioner Adcock stated the businesses had raised concerns to her about the use of their facilities and not receiving any customer benefit from the site. She stated the Association should consider portable toilets to serve the needs. Commissioner Adcock questioned how the association would keep vendors from setting up on a weekday. Mr. Flake stated the parking lot was managed during the week and the lot was rented as parking for UALR students Monday through Friday. Commissioner Adcock questioned if UALR had seen the plan and if they approved of the proposed use. Mr. Flake stated he was not sure if UALR had seen the plan. Commissioner Adcock questioned how the market fit into UALR's Master Plan. Mr. Flake stated he was not sure. Commissioner Adcock questioned why this location and why not in John Barrow. Mr. Flake stated he had looked for a site for two years. He stated the site was located on a major arterial and approximately 34,000 cars per day passed the site. He stated visibility was important. He stated the desire was to create a multi -ethnic market and create community tourism into the area. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 1 noes and 2 absent. 5 FILE NO.: Z-8349 NAME: John Barrow Neighborhood Association Open Air Market Short -form PCD LOCATION: Located near 3220 South University Avenue DEVELOPER: Fairmont, Inc. c/o Dickson Flake P.O. Box 3546 Little Rock, AR 72203 FNC;INFFR- White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 1.1663 + acres CURRENT ZONING ALLOWED USES NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF C-3, General Commercial District General Retail PROPOSED ZONING: PCD PROPOSED USE: Open Air Market and C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The John Barrow Neighborhood Association and the property owner, Fairmont, Inc. request a rezoning of this site from C-3, General Commercial District to Planned Commercial Development (PCD) to allow the property at 3220 South University Avenue to be used as an open air market/display. The property owner has granted John Barrow Neighborhood Association the right to conduct an open-air market on Saturdays. The request is to allow C-3, General Commercial District uses as allowable uses for the site. The hours are proposed from 7 am to 4 pm. FILE NO.: Z-8349 (Cont. B. EXISTING CONDITIONS: The site is a parking lot serving a commercial development. There are a number of commercial uses in the area including restaurants, a second hand shop and a drug store. The UALR Campus is located to the east of the site and a single-family neighborhood is located to the west of the site. Fronting on Colonel Glenn Road to the south are two large apartment complexes. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a number of phone calls from area property owners. Many of the callers have indicated concern with the proposed use of the property. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the John Barrow Neighborhood Association, the College Terrace Neighborhood Association, the Broadmoor Property Owners Association, the Fairpark Residents Association and the Curran Conway Neighborhood Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this property. Existing sewer main on site. Contact the Little Rock Sewer Department for additional information. Enter : No comment received. Center -Point Enerqv: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Routes #17 - the Mabelvale- Downtown Route, #17A - the Mabelvale UALR Route and #21 - the University Avenue Route. K FILE NO.: Z-8349 (Cont. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3, General Commercial to a Planned Commercial Development to allow an open air market on an existing parking lot. The request does not require a change to the Land Use Plan. Master Street Plan: University Avenue is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University Avenue since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in this immediate vicinity. Neighborhood Action_ _ Plan: This area is covered by the Boyle Park Neighborhood Action Plan. Their Parks and Recreation Goal states: "Construct facilities which would "draw" more activity to Boyle Park area." A neighborhood market could be seen as one such facility. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 29, 2008) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no technical issues in need of addressing raised at the May 29, 2008, Subdivision Committee meeting. The request is to allow a rezoning from C-3, General Commercial District to Planned Commercial Development (PCD) for use as an open-air market/display for the John Barrow Neighborhood Association. The property owner has granted the association the right to conduct the open-air market on Saturdays. The open-air display is not an activity allowed under the current C-3, General Commercial Zoning District. The request includes the allowance of the underlying C-3, General Commercial Zoning District as allowable uses for the site as well. 3 FILE NO.: Z-8349 (Cont. Staff is supportive of the request. Staff does not feel the placement of the market on the site to be approved solely for the John Barrow Neighborhood Association will significantly impact the development or the area. The use of the market is limited to Saturday use, and based on the location proposed for the market, staff does not feel the parking for the existing shopping center will be significantly impacted. To staff's knowledge there are no remaining outstanding technical issues associated with the request. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JUNE 19, 2008) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Mr. Dickson Flake and Ms Betty Snyder were present representing the request. Mr. Flake stated the site was zoned C-3, General Commercial District and the request was to add an outdoor market to the allowable uses. He stated the market would only be open on Saturdays. He stated the reason for placing the market on University Avenue was because of the volume of traffic on this arterial roadway. He stated the lot was being offered to the Neighborhood Association for free. He stated the only paid employee was the market manager. He stated the stalls would rent for a fee and any revenues in excess of the market managers salary would then be deposited into an account and used by the John Barrow Neighborhood Association for activities within their neighborhood. He stated he had looked for a site for two years and this site seamed a good location for the market. Commissioner Adcock raised several questions. She asked who was eligible to participate in the market. Ms. Snyder stated anyone could rent a stall and sit up on the lot. Commissioner Adcock then stated the market was not limited to John Barrow residents. Ms. Snyder stated the market was open to all persons. Commissioner Adcock questioned who would clean up the site. Ms. Snyder stated the market manager would ensure the site was kept clean and cleaned after each market event. Commissioner Adcock questioned the number of vendors. Mr. Flake stated there were 60 stalls available so approximately 40 vendors could set up on the site. He stated some vendors would take two stalls. rd FILE NO.: Z-8349 (Cont. Commissioner Adcock questioned if there would be food. Mr. Flake stated no prepared food would be allowed. He stated the desire was to bring in customers to the adjoining businesses. Commissioner Adcock questioned bathroom facilities. Ms. Snyder stated facilities were not located on the site. She stated the desire was the patrons would buy from the businesses and then use their facilities. Commissioner Adcock stated the businesses had raised concerns to her about the use of their facilities and not receiving any customer benefit from the site. She stated the Association should consider portable toilets to serve the needs. Commissioner Adcock questioned how the association would keep vendors from setting up on a weekday. Mr. Flake stated the parking lot was managed during the week and the lot was rented as parking for UALR students Monday through Friday. Commissioner Adcock questioned if UALR had seen the plan and if they approved of the proposed use. Mr. Flake stated he was not sure if UALR had seen the plan. Commissioner Adcock questioned how the market fit into UALR's Master Plan. Mr. Flake stated he was not sure. Commissioner Adcock questioned why this location and why not in John Barrow. Mr. Flake stated he had looked for a site for two years. He stated the site was located on a major arterial and approximately 34,000 cars per day passed the site. He stated visibility was important. He stated the desire was to create a multi -ethnic market and create community tourism into the area. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 1 noes and 2 absent. 5 ITEM NO.: 10. Z-8349 NAME: John Barrow Neighborhood Association Open Air Market Short -form PCD LOCATION: located near 3220 South University Avenue 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 Office of Planning and Development must receive the proof of notice no later than June 13, 2008. Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this property. Existing sewer main on site. Contact the Little Rock Sewer Department for additional information. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located near CATA Bus Routes #17 - the MabeIva le- Downtown Route, #17A - the Mabelvale UALR Route and #21 - the University Avenue Route. Planning Division: This request is located in the Boyle Park Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning from C-3, General Commercial to a Planned Commercial Development to allow an open air market on an existing parking lot. The request does not require a change to the Land Use Plan. Item # 10. Master Street Plan: University Avenue is a Principal Arterial. The primary function of a Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within urbanized areas. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on University Avenue since it is a Principal Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in this immediate vicinity. Neighborhood Action Plan: This area is covered by the Boyle Park Neighborhood Action Plan. Their Parks and Recreation Goal states: "Construct facilities which would "draw" more activity to Boyle Park area." A neighborhood market could be seen as one such facility. Landscape: No comment. 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, June 4, 2008. Item # 10.