HomeMy WebLinkAboutZ-8835 Staff AnalysisITEM NO.: 6. Z-8835
NAME: Magnolia Hill Long -form PD-C
LOCATION: located at 5110 Stagecoach Road
Planning Staff Comments:
1. Provide notification of the property owners located within 200-feet of the site
including the certified abstract list, notice form with affidavit executed and proof of
mailing. The notice must be mailed no later than January 9, 2013. The Office of
Planning and Development must receive the proof of notice no later than January
18, 2013.
2. The web site indicates a number of activities taking place as options for packages.
Provide details of the event packages, fireworks, dove release etc.
3. The cover letter indicates all activities will end by 10 pm. Does this include the
fireworks display as well?
Variance/Waivers:
None requested.
Public Works Conditions:
1. Stagecoach Road is classified on the Master Street Plan as a principal arterial.
Dedication of right-of-way to 55 feet from centerline will be required. Right-of-way
should only be dedicated to the existing rock retaining wall. Property can be
dedicated beyond the fence.
2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the
private improvements located in the right-of-way.
Utilities and Fire Department/County Planning:
Wastewater: Sewer available to this project.
Enter : No comment received.
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at the time
of request for water service must be met. Contact Central Arkansas Water regarding
the size and location of the water meter. A Capital Investment Charge based on the
size of meter connection(s) will apply to this project in addition to normal charges. This
fee will apply to all connections including metered connections off the private fire
system. If there are facilities that need to be adjusted and/or relocated, contact Central
Arkansas Water. That work would be done at the expense of the Developer. Contact
Item # 6.
Central Arkansas Water if additional fire protection or metered water service is required.
The Little Rock Fire Department needs to evaluate this site to determine whether
additional public and/or private fire hydrant(s) will be required. If additional fire
hydrant(s) are required, they will be installed at the developer's expense. Due to the
nature of the facility, installation of an approved reduced pressure zone 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 RPZ assembly, successful test of the assembly must be
completed by a Certified Assembly Tester licensed by the State of Arkansas and
approved by Central Arkansas Water. The test results must be sent to Central
Arkansas Water's Cross Connection Section within ten (10) 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: Maintain access of at least twenty (20) feet; fire hydrants per Code.
Contact Fire Marshall Tony Rhodes at 607-3560 with any questions.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
Parks and Recreation: No comment received -
Plan nincDivision: This request is located in the 65th Street West Planning District. The
Land Use Plan shows Residential Low Density (RL) for this property. Residential Low
Density allows for single family homes at densities not to exceed 6 dwelling units per
acre. Such residential development is typically characterized by conventional single
family homes, but may also include patio or garden homes and cluster homes, provided
that the density remain less than 6 units per acre. The applicant has applied for a
rezoning from R-2 (Single Family District) to PCD (Planned Commercial District) to
allow for the additional permitted use of an events center on this site (with the single
family house to remain).
Master Street Plan: Stagecoach Road is a Principal Arterial on the Master Street Plan.
A Principal Arterial is to serve through traffic and to connect major traffic generators or
activity centers within the urbanized area. Entrances and exits should be limited to
minimize negative effects of traffic and pedestrians on Stagecoach Road. This street
may require dedication of right-of-way and may require street improvements for
entrances and exits to the site.
Bicycle Plan: A Class II Bike Lane is shown along Stagecoach Road. Bike Lanes
provide a portion of the pavement for the sole use of bicycles.
Landscape:
1. Site plan must comply with the City's landscape and buffer ordinance
requirements.
2. Any new paved areas may require landscaping per the City's Landscape
ordinance.
Item 4 6.
Revised playplan_ Submit four (4) copies of a revised preliminary plat/plan (to include
the additional information as noted above) to•staff on Wednesday, January 9, 2013.
Item # 6.
FILE NO.: Z-8835
NAME: Magnolia Hill Long -form PD-C
LOCATION: Located at 5110 Stagecoach Road
DEVELOPER:
WG "Buddy" Ellis
5110 Stagecoach Road
Little Rock, AR 72204
FNr,INFFR,
Laha Engineers, Inc.
6602 Baseline Road, Suite E
Little Rock, AR 72209
AREA: 14.7 acres
CURRENT ZONING
LOWED USES
PROPOSED ZONING:
PROPOSED USE
NUMBER OF LOTS: 1
R-2, Single-family
Single-family residential
P D-C
FT. NEW STREET: 0 LF
Single-family and Add special events as an allowable use
VARIANCESMAIVERS REQUESTED: None requested.
A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT:
Magnolia Hill is located at 5110 Stagecoach Road in southwest Little Rock. The
property is registered on the National Historic Register under the Dr. Morgan
Smith estate that was built in 1918. Dr. Smith is considered the founding Dean of
UAMS.
The zoning request is to rezone from R-2, Single-family to PC-C, Planned
Development Commercial, a portion of the property to be used for outdoor
venues, with the primary purpose of weddings. The outdoor wedding season
begins in March and ends early December. The planned venue area will
FILE NO.: Z-8835 (Cont.
encompass approximately 15 acres of the applicant's total ownership. The
wedding ceremonies are held lake side on the property's private lake. No new
construction will be added as a result of the rezoning request.
Most events will be held on Saturday or Sunday afternoon between the hours of
2 pm and 10 pm. The weddings will be held on the grounds outside. In case of
inclement weather there is a small enclosed area in the barn that may be set up
with tables and chairs. The property has three (3) complete restrooms for guest
use. All food will be catered by a local caterer. Entertainment will be provided by
a local DJ. The DJ is approximately 700 feet away from any residence. All
music will end by 10 pm. No permanent signage will be added. Only signage for
the National Historic Register as approved by the Arkansas Department of
Heritage is proposed. Parking is proposed within the open pasture.
B. EXISTING CONDITION
The property is located on Stagecoach Road near the Tall Timber and Pecan
Lake subdivisions. The request includes the rezoning of only a portion of the
applicant's ownership, the area which will be used for the events. Across
Stagecoach Road to the east is a nursing home and to the south of the site is a
church. As noted the Tall Timber Subdivision is located along the northern
boundary of the applicant's property and to the east is the Pecan Lake
Subdivision.
C. NEIGHBORHOOD COMMENTS
As of this writing, staff has not received any comment from area residents. All
property owners located within 200 feet of the site, the Pecan Lake Property
Owners Association, the Tall Timber Property Owners Association and
Southwest Little Rock United for Progress were notified of the public hearing.
D. ENGINEERING COMMENTS:
PUBLIC WORKS CONDITIONS:
1. Stagecoach Road is classified on the Master Street Plan as a principal
arterial. Dedication of right-of-way to 55 feet from centerline will be required.
Right-of-way should only be dedicated to the existing rock retaining wall.
Property can be dedicated beyond the fence.
2. Obtain a franchise agreement, from Public Works (Bennie Nicolo, 371-4818)
for the private improvements located in the right-of-way.
E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:
Wastewater: Sewer available to this project.
Entergy: No comment received.
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FILE NO.: Z-8835
Center -Point Energy: No comment received.
AT & T: No comment received.
Central Arkansas Water: All Central Arkansas Water requirements in effect at
the time of request for water service must be met. Contact Central Arkansas
Water regarding the size and location of the water meter. A Capital Investment
Charge based on the size of meter connection(s) will apply to this project in
addition to normal charges. This fee will apply to all connections including
metered connections off the private fire system. If there are facilities that need to
be adjusted and/or relocated, contact Central Arkansas Water. That work would
be done at the expense of the Developer. Contact Central Arkansas Water if
additional fire protection or metered water service is required. The Little Rock
Fire Department needs to evaluate this site to determine whether additional
public and/or private fire hydrant(s) will be required. If additional fire hydrant(s)
are required, they will be installed at the developer's expense. Due to the nature
of the facility, installation of an approved reduced pressure zone 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 RPZ assembly, successful test of the
assembly must be completed by a Certified Assembly Tester licensed by the
State of Arkansas and approved by Central Arkansas Water. The test results
must be sent to Central Arkansas Water's Cross Connection Section within ten
(10) 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: Maintain access of at least twenty (20) feet; fire hydrants per
Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions.
County Planning: No comment.
CATA: The site is not located on a dedicated CATA Bus Route.
Parks and Recreation: No comment received.
F. ISSUES/TECHNICAL/DESIGN:
Planning Division: This request is located in the 65th Street West Planning
District. The Land Use Plan shows Residential Low Density (RL) for this
property. Residential Low Density allows for single family homes at densities not
to exceed 6 dwelling units per acre. Such residential development is typically
characterized by conventional single family homes, but may also include patio or
garden homes and cluster homes, provided that the density remain less than 6
units per acre. The applicant has applied for a rezoning from R-2 (Single Family
District) to PCD (Planned Commercial District) to allow for the additional
permitted use of an events center on this site (with the single family house
to remain).
3
FILE NO.: Z-8835 (Cont.
Master Street Plan: Stagecoach Road is a Principal Arterial on the Master Street
Plan. A Principal Arterial is to serve through traffic and to connect major traffic
generators or activity centers within the urbanized area. Entrances and exits
should be limited to minimize negative effects of traffic and pedestrians on
Stagecoach Road. This street may require dedication of right-of-way and may
require street improvements for entrances and exits to the site.
Bicycle Plan: A Class II Bike Lane is shown along Stagecoach Road. Bike
Lanes provide a portion of the pavement for the sole use of bicycles.
Landscape:
1. Site plan must comply with the City's landscape and buffer ordinance
requirements.
2. Any new paved areas may require landscaping per the City's Landscape
ordinance.
G. SUBDIVISION COMMITTEE COMMENT: (January 3, 2013)
Mr. and Mrs. Buddy Ellis were present representing the request. Staff presented
an overview of the development stating the applicant was seeking a rezoning of
the site to allow the use of a portion of the property for outdoor venues and
events. Staff stated the cover letter indicated the primary events held were
weddings. Staff questioned the ending hours for the events and the activities
taking place such as fireworks. Mr. Ellis stated the events ended at 10:00 pm.
He stated the fireworks display was limited to four (4) minutes.
Public Works comments were addressed. Staff stated right of way dedication
outside the area of the rock wall was required to a 55-foot total width. Staff
stated a franchise agreement from Public Works was required for the private
improvements located within the right of way.
Staff noted if any paved areas were placed on the site additional landscaping
would be required to comply with the City's Landscape Ordinance.
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:
There were no outstanding technical issues associated with the request in need
of addressing raised at the January 3, 2013, Subdivision Committee meeting.
The rezoning request is from R-2, Single-family to PC-C, Planned Development
Commercial, for a portion of the applicant's ownership to be used for outdoor
venues, with the primary use being weddings. According to the applicant the
outdoor wedding season begins in March and ends early December. The area
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FILE NO.: Z-8835(Cont.)
used for the outdoor venues is approximately 15 acres of the applicant's total
ownership. The wedding ceremonies are held lake side on the property's private
lake. Activities take place outdoors but in case of inclement weather there is a
small enclosed area within a barn located on the property which can be used.
The property has three (3) complete restrooms for guest use. There is no new
construction proposed with the rezoning request. Parking is proposed within the
open pasture.
According to the applicant most events are held on Saturday or Sunday
afternoon between 2:00 pm and 10:00 pm. As an event package offered by the
applicant some weddings end with a small fireworks display. The applicant has
indicated the maximum length of the fireworks display is four (4) minutes. The
applicant secures all licenses and permits required to offer this service.
All food will be catered by a local caterer. Entertainment will be provided by a
local DJ. The DJ is approximately 700 feet away from any residence. All music
will end by 10 pm.
No permanent signage will be added. The property is located on the National
Historic Register. Only signage as approved by the Arkansas Department of
Heritage is proposed. On the day of an event a small sign will be placed at the
driveway to notify guest of the location. All signage will be placed and removed
on the day of the event.
The applicant has not requested the approval be non -transferable to future
owners of the property. Staff recommends if approved the use of the site for
outdoor venues be limited to the ownership of WG "Buddy" and Alda Ellis.
Ordinance No. 20,617 adopted by the Little Rock Board of Directors on August 7,
2012, allowed a revision to the Chapter 36 of the Code of Ordinances and now
allows the planned development process to review a request which were
previously reviewed through the conditional use permit process. The ordinance
states: Chapter 36 of the Little Rock Code of Ordinances is hereby amended by
adding a new subsection 36-451(e) to read as follows: (e) Except for those land
uses specified in subsection 36-104(a), a land use that would otherwise need a
conditional use permit shall not require a conditional use permit if the use is a
part of a planned development or planned unit development application and
process. The development standards and review standards for event centers as
identified within the Conditional Use Permit Division or the Zoning Ordinance
states the Commission must review the separation of the facilities to'limit the
impact on the neighborhood. The ordinance states an event center shall not be
located within 750 feet of the following: a church, a sexually -oriented business as
defined by Chapter 17 of the Code of Ordinances, a public or private elementary,
secondary or post -secondary school, a daycare center or any facility that
operates programs for children or youth, any single-family or multi -family
residential use, except a hotel or motel or residential use that is within a unified
5
development that contains both the event center and the residential use. The
measurement is to be made in a straight line, without regard to intervening
structures or objects, from the nearest portion of a building or structure proposed
for occupancy as an event center to the nearest property line of any of the above
uses. The Commission is to review each of the requests on an individual basis to
determine the impact on the adjoining properties with consideration given to the
stated criteria.
As noted in the Existing Conditions Section of this report there are single-family
homes to the north (Tall Timber Subdivision) and northeast (Pecan Lake
Subdivision) which are located within 750 feet of the property and within 750-feet
of the area proposed with the outdoor venues. There is a nursing home located
across Stagecoach Road to the east and a church located to the south, all within
the 750-foot spacing.
Staff is supportive of the request. Although the property is located nearer
residential uses than 750-feet the applicant's ownership is much larger than the
15± acres proposed for rezoning. According to the applicant the fireworks
display is limited to a maximum of four (4) minutes and all guest are off the
property by 10 pm. Staff feels by limiting the approval of the current ownership
this will lessen any future potential impacts. To staff's knowledge there are no
remaining outstanding technical issues associated with the request.
I. STAFF RECOMMENDATION;
Staff recommends approval of the request subject to compliance with the
comments and conditions as noted in paragraphs D, E and F of the agenda staff
report.
Staff recommends the approval not be transferable and is limited to the
ownership of WG "Buddy" and Alda Ellis.
PLANNING COMMISSION ACTION: (JANUARY 24, 2013)
The applicant was present. There were registered objectors present. Staff presented
the item with a recommendation of approval of the request subject to compliance with
the comments and conditions as noted in paragraphs D, E and F of the agenda staff
report. Staff presented a recommendation the approval not be transferable and be
limited to the ownership of WG "Buddy" and Alda Ellis.
Mr. Grant Murray addressed the Commission in support of the request. He stated he
was a member of the staff and a student of the Missionary Baptist Church and
Seminary. He stated his was one of a number of families who lived on site. He stated
the seminary also had a dorm for students to live on the property. He stated Mr. Ellis
notified the church on the days the fireworks events would occur and he and the other
families would go down the hill to watch the display. He stated Mr. Ellis was a good
n
FILE NO.: Z-8835 (Cont,
neighbor and felt the use of the property for weddings and special events did not
adversely impact the area.
Mr. Tom Hunrichs addressed the Commission in support of the request. He stated he
worked for the Holiday Inn, Airport and had done business with the Ellis for a number of
years. He stated on many occasions out of town guest would stay and the Holiday Inn,
Airport when visiting our City of events held at the Ellis's. He stated as a service to the
guest the hotel would provide a shuttle service to the events at the Ellis home. He
stated the business and activities taking place on Stagecoach Road were far reaching
and provided an economic benefit not only to the central portion of the City but to
College Station as well.
Mr. Ellis addressed the Commission stating the property was a 30+ acre property with
only 15± acres being used for the weddings and fund raisers. He stated there was a
private lake on the property where most of the activities took place. He stated there
would be no changes to the site. He stated the site was listed on the National Historic
Register. He stated there had been a great deal of concern over the fireworks display.
He stated not every wedding ended with fireworks. He stated the fireworks were usually
displayed between 7:30 and 9:00 pm. He stated the maximum length of the display was
four (4) minutes. He stated he was licensed by the State of Arkansas and before every
event he secured a permit from the Little Rock Fire Department, the Little Rock Police
Department and the State Fire Marshall. He stated the Commission had been provided
a number of letters in support of the request. He stated he had talked with a number of
his neighbors that were directly impacted and all had indicated support.
Ms. Denise White addressed the Commission in opposition of the request. She stated
her home was located in Pecan Lake on Pecan Lake Road. She stated the first time
she heard the fireworks she thought there was a gang war taking place. She stated she
later determined the noise to be fireworks. She stated in September she was inside her
home and heard voices which turned out to be a band playing on the Ellis property.
She stated the owner could not control the volume of music. She stated her concern
with the fireworks was the potential for an accident. She stated with the commercial
activities taking place on the Ellis property there was the potential for decreasing
property values within the area.
Mr. Henry Gilmore addressed the Commission in opposition of the request. He stated
he had lived in Pecan Lake since 1987. He stated this area of the City was growing and
seeing a lot of change. He questioned how the community benefited from the Ellis
business. He stated he was concerned with the fireworks display. He questioned if the
site was a historical site then why the owners would want to change the site and create
a commercial business. He stated the fireworks were also an environmental concern.
He stated the pollutions from the discharge of the fireworks were released into the air
and could potentially harm the fish.
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FILE NO.: Z-8835 (Cont.
Ms. Pat Gee addressed the Commission as VP of the Southwest Little Rock United for
Progress. She stated the membership had voted to not support the proposed rezoning
based on comments provided at their meeting from Ms. White. She stated Mr. Ellis was
not in attendance. She stated the vote was not unanimous.
Mr. Ellis stated he was unaware of the Southwest Little Rock United for Progress
neighborhood meeting. Mr. Ellis stated he had met with the Pecan Lake Neighborhood
Association and was made aware of Ms. White's concerns on Saturday. He stated he
could control the volume of sound from the musical acts or DJ's and in the future the
music would not be heard off -site. He stated the way the business was handled all
guest were off the site by 10:00 pm. He stated he would notify anyone interested on the
dates that a firework display would be performed as a part of a wedding or the business
had a web site which a notice could be posted.
There was a general discussion by the Commissioners and Mr. Ellis as to the activities
taking place on the site. The Commission questioned the number of weddings which
had been held since he started hosting the events. Mr. Ellis stated near 80 weddings
with twenty-five (25) percent having fireworks associated with the event.
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, 1 absent and 1 open position.
P