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HomeMy WebLinkAboutZ-8835-A Staff AnalysisITEM NO.: 11. Z NAME: Magnolia Hill Long -form PD-C LOCATION: located at 5110 Stagecoach Road Planning Staff Comments: Provide notification of the abutting property owners including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than April 3, 2013. The Office of Planning and Development must receive the proof of notice no later than April 12, 2013. Variance/Waivers: 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. Entergy: 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 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 Item # 11. preventer assemmy (KrL) is requirea on ine aomesuc wafer 5ervice. i iim dbwviwl 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. 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). 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. _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, April 3, 2013. Item # 11. FILE NO.: Z-8835-A NAME: Magnolia Hill Long -form PD-C LOCATION: Located at 5110 Stagecoach Road DEVELOPER: WG "Buddy" Ellis 5110 Stagecoach Road Little Rock, AR 72204 r=IU(,INF1=R- Laha Engineers, Inc. 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 14.7 acres CURRENT ZONING ALLOWED USES: NUMBER OF LOTS: 1 R-2, Single-family Single-family residential PROPOSED ZONING: PD-C FT. NEW STREET: 0 LF PROPOSED USE: Single-family and Add special events as an allowable use — eliminating fireworks VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors denied a request to rezone the site from R-2, Single-family to Planned Commercial Development on February 19, 2013. The property was under enforcement for operating a commercial business on single-family zoned property. The applicant's request was to continue to use a portion of their ownership to host outdoor venues (weddings, fund raisers, special events) and to allow the inclusion of music and fireworks with these events. FILE NO.: Z-8835-A A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The current request has eliminated the use of fireworks from the site. The applicant is requesting to continue to use the property to host special events such as weddings, fund raisers 'and receptions on a portion of the property located at 5110 Stagecoach ' Road. The applicant has indicated the primary use of the property and outdoor venues are weddings. The outdoor wedding season begins in March and ends early December. The venue area encompasses approximately 15 acres of the applicant's total ownership. The wedding ceremonies are held on the property's private lake. A barn also located on the property is occasionally used for weddings and/or receptions in case of rain. No new construction will be added as a result of the rezoning request. According to the applicant most events are held on Saturday or Sunday afternoon between the hours of 2 pm and 10 pm. 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 located near the venue site. The previous request included the allowance of fireworks as an end to a wedding or fundraiser. The applicant has removed from the current request to be able to use fireworks in conjunction with an event on this site. B. EXISTING CONDITIONS: 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 received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the Tall Timber Homeowners Association, the Pecan Lake Property Owners Association and Southwest Little Rock United for'Progress were notified of the public hearing. oil FILE NO.: Z-8835-A Cont. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITION 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 agreemenf 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. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: All Centra the time of request for water service Water regarding the size and locatior Charge based on the size of meter addition to normal charges. This f metered connections off the private fir be adjusted and/or relocated;,coptact be done at the expense of, the Deve additional fire protection or metered Fire Department needs to evaluate public and/or private fire hydrant(s) w are required. thev will be installed at t Arkansas Water requirements in effect at must be met. Contact Central Arkansas of the water meter. A Capital Investment connection(s) will apply to this project in :e will apply to all connections including system. If there are facilities that need to Central Arkansas Water. That work would oper. Contact Central Arkansas Water if vater service is required. The Little Rock this site to determine whether additional II be required. If additional fire hydrant(s) ie 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. 3 FILE NO.: Z-8835-A (Cont. County Planning: No comment. F. We CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. 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). 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. . SUBDIVISION COMMITTEE COMMENT: (March 27, 2013) The applicant was not present. Staff noted there were no outstanding technical issues associated with the request. Staff stated the Board of Directors had denied the request at their February 19, 2013, public hearing. Staff stated the applicant has resubmitted eliminating fireworks as an allowable use. Staff stated they felt this was a significant change which would allow the applicant to re -file the applicant less than one-year from the date of denial. 12 FILE NO.: Z-8835-A (Cont. 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 March 27, 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 fund raiser, 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 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. 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 1,0:00 pm. The original request included the allowance of fireworks as; an end to some but not all of the weddings. The applicant has eliminated the fireworks display as an allowable use for the property. 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. On occasion there is live entertainment provided at the events. The speakers are directed into the property owned by the applicant to limit the noise to adjoining properties. In all cases the 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 Aida Ellis. Ordinance No. 20,617 adopted bythe 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 FILE NO.: Z-8835-A (Cont. 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: achurch, asexually -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 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 tke 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. 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. 0 FILE NO.: Z-8835-A Cont. PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were no registered objectors present. (One registered objector appeared after the reading of the consent agenda.) 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. Staff presented a recommendation the approval not be transferable and to be limited to the ownership of WG "Buddy" and Alda Ellis. 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 7 ayes, 0 noes, 3 absent and 1 open position. 7