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HomeMy WebLinkAboutZ-8860 Staff AnalysisFILE NO.: Z-8860 NAME: Hansen Short -form PD-O LOCATION: Located at 400 N. Van Buren Street DEVELOPER: Pardo Properties William Watt, Atty. 1819 N. Fillmore Little Rock, AR 72207 Sl JR\/FYnR- Brooks Surveying 20820 Arch Street Little Rock, AR 72065 AREA: 0.12 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING PROPOSED USE R-3, Single-family NUMBER OF LOTS: 1 R-3, Single-family FT. NEW STREET: 0 LF Single-family residential and non -conforming office use PD-O and R-2, Single-family Recognize existing office use — the residential uses remain zoned VARIANCESM/AIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting a rezoning from R-3, Single-family to PD-O to recognize an existing office user located in one of the buildings on the site. The hours of operation are from 8:00 am to 5:30 pm Monday through Friday. There will be no exterior modifications to the existing structure or parking areas. There is currently a paved parking pad. FILE NO.: Z-8860 (Cont.) B. EXISTING CONDITIONS: The site contains three buildings. The building fronting N. Van Buren Street is a non -conforming office use. The structures fronting C Street are single-family residences. Only the office structure is proposed for rezoning. Along Van Buren Street there are a couple of non -conforming buildings located between West Markham and Kavanaugh Boulevard. The primary use of the area is single-family. Primarily in this area the non-residential uses and zoning are located south of B Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone call requesting additional information and indicating opposition to the request. All property owners located within 200-feet of the site along with the Hillcrest Residents 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 service location for this property is unknown to Little Rock Wastewater. No Little Rock Wastewater sewer main located adjacent to this project. Contact Jim Boyd with Little Rock Wastewater Utility for additional information. Entergy: Entergy has no objections. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water if additional fire protection or metered water service is required. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. 2 FILE NO.: Z-8860 (Cont. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. 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 Heights/Hillcrest 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 six (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 POD (Planned Office District) to recognize the existing office use and single-family use in the two respective buildings on this site. The site is within the Hillcrest Design Overlay District area. Master Street Plan: Van Buren is shown as a Minor Arterial and C Street is shown as a Local Street on the Master Street Plan. 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 Van Buren since it is a Minor Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". A Collector design standard is used for Commercial Streets. These streets 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 the immediate vicinity. Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. Landscaping will be required in conjunction with any new parking areas. 3. Street trees are highly recommended along both C Avenue and Van Buren Street. 3 FILE NO.: Z-8860 G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request in need of addressing. 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 issues from the May 8, 2013, Subdivision Committee meeting in need of addressing. The applicant is requesting a rezoning from R-3, Single-family to PD-O to recognize an existing office user located in one of the buildings on the site. A non -conforming status was established on the property on February 22, 1990. A business license for Interiors West was issued in 2002 for this address and remains active. The residential structures will remain zoned R-3, Single-family. The applicant is requesting general and professional office as allowable uses for the PD-O. The structure is proposed as office space for users who need limited office space and limited customer traffic. The hours of operation are from 8:00 am to 5:30 pm Monday through Friday. There will be no exterior modifications to the existing structure or parking areas. There is currently a paved parking pad which will continue to be used for the limited number of employees of the business. There will not be any ground signage placed on the site. Building signage will be limited to signage lettering placed in the window or signage on the awning. Section 36-153(b)(2) states any time there is a proposed change in occupancy of a nonconforming property, where the property is nonconforming to the underlying zoning, the determination of planning staff that the nonconforming use may continue shall be posted on the site. The notice shall be posted continuously for seven (7) days at the owner's expense on signage provided by the planning department. Any person may appeal the determination to the board of zoning adjustment. Any appeal of the determination must be filed no later than ten (10) days after the date the property was first posted. The applicant has requested staff post the site but is also requesting the rezoning to PD-O to avoid the requirement to post the property each time a new tenant moves into the building. Section 36-152(c) states any rezoning of a property occupied by a nonconforming use shall be accomplished only through a planned development process. Based on the phone call in opposition staff has informed the applicant the new office user may not move into the space until after this request is settled. Staff is supportive of rezoning the existing non-residential building to PD-O recognize the existing non-residential use. The site has a history of office uses since the early 1990's. There is an active business license for an office user 2 FILE NO.: Z-8860 (Cont. which has been active for the past 10 years. Staff feels the use of the non-residential building as an office use is appropriate for this site. STAFF RECOMMENDATION: 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: (MAY 30, 2013) 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. William Watt addressed the Commission on the merits of the request. He stated the owner had been a participant of the Hillcrest Residents Association and a good neighbor in the area. He stated the request was getting in step with what was taking place on the property. He stated the residential structures would not be rezoned. He stated the building was occupied and had been in continuous use as an office for the past 20 to 30 years. Mr. Seth Ward addressed the Commission in opposition of the request. He stated he was representing the Hillcrest Residents Association and the Association was not in support of the request. He stated the request was for a PD-O which did not allow for mixed use development. He stated there were residential units on the site as well as the office use. Mr. Ward stated Hillcrest Residents Association supported commercial uses in areas which were appropriate for commercial development. He stated commercial activities should be limited to Kavanaugh and West Markham Streets. He stated the requested rezoning was located within the residential neighborhood. He stated the building had a history of non-residential use but had not been continuously occupied as an office use. Mr. Watt stated the building was currently occupied and the lease was valid until 2017. He stated he was prepared to provide the Commission with utility bills indicating the building had been occupied. He stated the only portion of the site to be rezoned was the office building and a legal description for the office building only had been provided to staff. He stated there would be no change to the site. He stated the site did have a legal non -conforming status. 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. ITEM NO.: 18, Z-8860 NAME: Hansen Short -form POD LOCATION: located at 400 N. Van Buren Street Planning Staff Comments: 1. Provide notification of 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 May 15, 2013. The Office of Planning and Development must receive the proof of notice no later than May 24, 2013. 2. Is the request general and professional office uses as allowable uses? 3. Provide a legal description for the office building. This is the only portion of the site which will be rezoned. 4. Provide the days and hours of operation. 5. Will there be any ground signage with the proposed office use? If so note the height, location and total sign area of the site plan. 6. Will there be any building signage with the proposed office uses? If so note the percentage of the fagade proposed for signage. VariancelWaivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer service location for this property is unknown to Little Rock Wastewater. No Little Rock Wastewater sewer main located adjacent to this project. Contact Jim Boyd with Little Rock Wastewater Utility for additional information. Entergy: Entergy has no objections. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water if additional fire protection or metered water service is required. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Item # 18. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. 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 Heights/Hillcrest 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 six (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 POD (Planned Office District) to recognize the existing office use and single-family use in the two respective buildings on this site. The site is within the Hillcrest Design Overlay District area. Master Street Plan: Van Buren is shown as a Minor Arterial and C Street is shown as a Local Street on the Master Street Plan. 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 Van Buren since it is a Minor Arterial. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial ,Streets". A Collector design standard is used for Commercial Streets. These streets 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 the immediate vicinity. Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. 2. Landscaping will be required in conjunction with any new parking areas. 3. Street trees are highly recommended along both C Avenue and Van Buren Street. 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, May 15, 2013. Item # 18.