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HomeMy WebLinkAboutZ-8675 Staff AnalysisOctober 6, 2011 ITEM NO.: A FILE NO.: NAME: Mabelvale Cut-off and Whispering Pine Drive Short -form PCD LOCATION: Located on the Northwest corner of Mabelvale Cut-off Road and Whispering Pine Drive DFVFLOPFR- Lucio Rubio 10425 Stardust Trail Little Rock, AR 72209 SURVEYOR: 011en Dee Wilson P.O. Box 604 North Little Rock, AR 72115-0604 AREA: 0.53 acres CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED USE: NUMBER OF LOTS R-2, Single-family Single-family residential PCD FT. NEW STREET: 0 LF Used automobile sales — up to six automobiles VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting a rezoning from R-2, Single-family to Planned Commercial Development (PCD) to allow the lot located the intersection of Mabelvale Cut Off and Whispering Pine Drive for automobile sales. The applicant is requesting to be allowed to display six (6) cares for sale on the lot. The applicant has indicated a small building will be added to the site to allow for a sales office. The entrance to the automobile sales lot is from Whispering Pine Drive. The applicant has indicated no alterations to the cars will be performed on site. October 6, 2011 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8675 B. EXISTING CONDITION The property consists of a vacant, cleared lot which appears to have some nonconforming use as equipment and truck parking. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area resident. All property owners located within 200-feet of the site, all residents, who could be identified, located within 300 feet of the site, the West Baseline Neighborhood Association, the Legion Hut Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Whispering Pine Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Whispering Pine Drive and Mabelvale Cut-off. 3. Sidewalks with appropriate handicap ramps are required to be installed along Whispering Pine Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Enteray: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. 2 October 6, 2011 SUBDIVISION ITEM NO.: A _(Cont.) FILE NO.: Z-8675 Central Arkansas Water: No objection. All central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water main. Due to the nature of the facility, installation of an approved reduced pressure zoned backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is located on CATA Bus Route #17 — the Mabelvale Downtown Route and 17A — the Mabelvale UALR Route. Adjacent to this site on Mabelvale Cut-off there is a covered bus shelter. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division_ : This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six (6) dwelling units per acre. The applicant has applied for a rezoning from R-2, Single-family to Planned Commercial Development to allow the use of the property as a car lot for up to six (6) cars. Master Street Plan: Mabelvale Cutoff is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff since it is a Minor Arterial. Whispering Pine Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. 3 October 6, 2011 SURnivi,ginN ITEM NO.: A (Cont.) FILE NO.: Z-8675 Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Any new paved areas must comply with the City's landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (June 23, 2011) Staff presented the item and noted additional information was needed on the proposed use including days and hours of operation, dumpster location, signage and site lighting. Staff asked if any auto repair or detailing of vehicles would occur on site. Staff noted the site plan and survey did not appear to match. The applicant was asked to explain the purpose of a proposed building indicated on the plan. Staff requested information on the dump trucks currently parked on the site as well as several piles of gravel. It was noted that the vehicular use areas would have to be paved and landscaped to comply with Code standards. Public Works and Landscape comments were discussed. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional 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 is requesting approval of a PCD to allow for use of this .54+/- acre tract for an automobile sales lot. The property is mostly cleared and appears to have some degree of nonconformity associated with the parking of dump truck or as a contractors yard. A gravel driveway provides access off of Whispering Pine Drive. Any change to a nonconforming property requires a Planned Development. The applicant proposes to display six (6) vehicles for sale on the lot. A small office building is to be located on the site. No auto detailing, car washing or auto repair will occur on the site. The applicant states he is a truck driver and desires to have this use as a part time business. Days and hours of operation are 9:00 a.m. to 5:00 p.m., seven days a week. The only site lighting will be a security light. Signage is proposed to be that allowed in commercial zones, as 4 October 6, 2011 SUBDIVISION ITEM NO.: A(Cont.)-FILE NO.: Z-8675 per the Code. That could imply a commercial ground mounted sign on each street frontage and wall signage on the building. No specifics were provided. The applicant also proposes to continue to park a single dump truck on the site (the truck he drives). The applicant is requesting a two-year deferral of the requirement to construct paved parking and drives and associated landscaping and screening. Staff is not supportive of the request. The use itself is a C-4 commercial use being proposed in an area that is primarily residential in character and use. There are a couple of nonresidential uses across the street to the south and a nonconforming contractor's yard across the street to the east. Those uses are the exception rather than the norm. The land use plan limits the nonresidential to narrow strips along the south side of Mabelvale Cut-off and east of Whispering Pine. In addition to concerns about the use itself, staff does not feel it is appropriate to allow a substandard development that does not include compliance with any code standard such as paving, landscaping and screening. Staff believes the proposed development would have a detrimental impact on surrounding properties, particularly the adjacent residential neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JULY 14, 2011) The applicant was present. There were three objectors present. Through his City -provided translator, the applicant stated he was not ready to go forward since the person who had been assisting him thus far through the process was unable to be at the meeting. Staff informed the Commission of the applicant's desire to defer the item. The objectors stated they would support the deferral request, albeit begrudgingly. A motion was made to defer the item to the August 25, 2011 meeting. The motion was seconded and approved by a vote of 9 ayes, 1 no and 1 absent. STAFF UPDATE: There has been no change to the application request since the previous staff analysis and recommendation. Staff continues to recommend denial of the request. 5 October 6, 2011 SUBDIVISION ITEM NO.: A (Cont.) _ FILE NO.: Z-8675 PLANNING COMMISSION ACTION: (AUGUST 25, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a letter dated August 15, 2011, requesting a deferral of this item to the October 6, 2011, 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 approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: On September 26, 2011, the applicant submitted a request for withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (OCTOBER 6, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating on September 26, 2011, the applicant submitted a request for withdrawal of this item without prejudice. Staff stated they were supportive of the withdrawal request. There was no further discussion of the item. The chair entertained a motion for approval of the item on the consent agenda as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. L- ITEM NO.: 12. Z-8675 NAME: Mabelvale Cut-off and Whispering Pine Drive Short -form PCD LOCATION: located on the Northwest corner of Mabelvale Cut-off Road and Whispering Pine Drive 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 June 22, 2011. The Office of Planning and Development must receive the proof of notice no later than July 8, 2011. (Completed) 2. The site plan and survey do not appear to match. 3. Provide the days and hours of operation for the automobile sales lot. 4. Will there be any detailing of automobiles including washing of automobiles on the site? 5. Will there be any repair of automobiles on the site? 6. Will there be a dumpster located on the site? If so note the location on the site plan and include a note on the site plan if the days and hours of dumpster service will be limited. 7. The site plan indicates a building — Is this building proposed for a sales office of the automobile business? 8. There are currently dump trucks being parked on the site. Provide the maximum number of dump trucks to be parked on the site. If the site is approved for automobile sales will the trucks remain? The site also contains a number of gravel piles. What is the purposed of the gravel? 9. Should the application request for the automobile sales be approved the area proposed for automobiles sales will be required to be paved. Locate on the site plan the area proposed for display and the limits of the paving. All newly paved areas will require compliance with the City's Landscape Ordinance. 10. Provide details of any proposed signage including building signage and ground signage. Provide the maximum height and total square footage for any ground signage proposed. Building signage should include the percentage of fagade area to be covered with signage. 11.All site lighting must be low level and directional, directed downward and into the site. Variance/Waivers: None requested. Public Works Conditions: 1. Due to the proposed use of the property, the Master Street Plan specifies that Whispering Pine Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Item # 12. Whispering Pine Drive and Mabelvale Cut-off. 3. Sidewalks with appropriate handicap ramps are required to be installed along Whispering Pine Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right- of-way prior to occupancy. 5. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water main. Due to the nature of the facility, installation of an approved reduced pressure zoned backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water requires that upon installation of the RPZA, successful test of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by Central Arkansas. The test results must be sent to Central Arkansas Water's Cross Connection Section within ten days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Approved as submitted. County Planning: No comment. CATA: Approved as submitted. The site is located on CATA Bus Route #17 — the Mabelvale Downtown Route and 17A — the Mabelvale UALR Route. Adjacent to this site on Mabelvale Cut-off there is a covered bus shelter. Parks and Recreation: No comment received. Planning Division: This request is located in the Geyer Springs West Planning District. The Land Use Plan shows Residential Low Density for this property. Residential Low Density is for single family homes at densities no greater than six (6) dwelling units per acre. The applicant has applied for a rezoning from R-2, Single-family to Planned Commercial Development to allow the use of the property as a car lot for up to six (6) cars. Item # 12. Master Street Plan: Mabelvale Cutoff is a Minor Arterial. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Mabelvale Cutoff since it is a Minor Arterial. Whispering Pine Drive is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. 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