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HomeMy WebLinkAboutZ-8890 Staff AnalysisITEM NO.: 7. NAME: Richard's Auto Repair Short -form PCD LOCATION: located at 12819 1-30 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. You have already received proof of notification. 2. The approved uses are the C-3 permitted uses, boat sales and motorcycle sales. Is the only request to add automobile repair as an allowable use? 3. There appears to be a large number of cars on the site waiting for repair and/or in various states of disrepair. Are all the cars owned by someone other than the auto repair person or are some of the cars being used as parts? The operator of the shop indicates that all cars parked on site are there for repair and that no "parts" cars are kept on site. 4. Will auto body repair also take place on the site or just auto (engine) repair? The business does both mechanical and auto body repairs to cars. 5. Are there plans to pave the area being used for automobiles waiting for service? Not currently. Variance/Waivers: Public Works Conditions: 1. If future construction is planned, a grading permit in accordance with Section 29- 186(c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. No construction is planned by my client. The AHTD has plans to widen the ditch behind the property. I anticipate that this will remove part of the property from the floodway. 2. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to future construction. No construction is planned by my client. 3. Due to the proposed use of the property, the Master Street Plan specifies that the access easement street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. I believe the site complys with this requirement. 4. The elevation of the subject property is not above the base flood elevation and the velocities in Crooked Creek exceed 3 fps. Per City Code, Chapter 36-341(h)(2)d, floodways shall be kept free of structural involvement including fences, open storage Item # 1. of materials and equipment, vehicle parking and other impediments to the free flow of floodwater. No response. 5. In 2002, a 1316 Declaration was filed by FEMA on the structure at 12825-A2 1-30 that at the time was owned by Mr. Alvin Green due to the structure was built without a permit, in the floodway, and the finish floor elevation is below the base flood elevation. The structure is in violation of Article 3, Section (B), Paragraph (1) of the City Building Ordinance 18,555 of the City of Little Rock. Section 1316 of the National Flood Insurance Act prohibits the availability of flood insurance on properties in violation of floodplain requirements. The structure at 12825-A2 1-30 is ineligible for flood insurance through the NFIP. No response. 6. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. No response. 7. The minimum Finish Floor elevation of at least 1 foot above the base flood elevation is required to be shown on plat and site plans. The structure on the subject property was constructed below the base flood elevation without building permits. Show the floodway delineation on the site plan. The site survey has been updated to reflect the floodway. Utilities and Fire Department/County Planning: Wastewater: Sewer main extension required with easements to serve Lots 1 — 5. Contact Little Rock Wastewater Utility for additional information. No response. Entergy: Entergy has no objections. Service and easements to be established at the time of request for service. No response. Center -Point Energy: No comment received. No response. AT & T: No comment received. No response. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. No request is anticipated. 2. A water main extension will be needed to provide water service to this property. response. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. No response 4. 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. response. 5. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Item # 1. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. response. 6. Contact Central Arkansas Water regarding the size and location of water meter. 7. 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. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. No response. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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 tests 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 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: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. No response. County Planning: No comment. No response. CATA: The site is not located on a dedicated CATA Bus Route. No response. Parks and Recreation: No comment received. No response. Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Commercial Industrial (MCI) for this property. The Mixed Commercial Industrial category provides for a mixture of commercial and industrial uses to occur. Acceptable uses are commercial or mixed commercial and industrial. A Planned Zoning District is required if the use is mixed commercial and industrial. The applicant has applied for a revision to the existing PCD (Planned Commercial District) to allow an additional use of Auto Repair for this site. No response. Master Street Plan: Interstate 30 is shown as a Freeway on the Master Street Plan. Freeways are intended to serve through long distance trips, they as full access control roads (no direct access). This street may right-of-way and may require street improvements for entrances No response. are always designed require dedication of and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. No response. Landscape: Item # 1. 1. The site plan must comply with the City's landscape and buffer ordinance requirements. No response. 2. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the replacement cost of the structure. No response. 3. Asphalt/concrete must be removed in conjunction with this application. response. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. No response. 5. Landscaping will be required in conjunction with any new asphalt/concrete parking areas per Chapter 15 (Landscape Ordinance) and Chapter 36 (Buffer Ordinance) of the City of Little Rock's code of ordinances. No response. 6. An automatic irrigation system will be required if the areas are paved. No response. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling landscape ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. No response. 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. A revised drawing will be submitted. Item # L FILE NO.: Z-3875-C NAME: Richard's Auto Repair Short -form PCD LOCATION: Located at 12819 1-30 DEVELOPER: Mans Building Material Technology Co. 12825 1-30 Little Rock, AR 72210 FN(-,INFFR, GarNat Engineering LLC P.O. Box 116 Benton, AR 72018 AREA: 3.77 acres CURRENT ZONING NUMBER OF LOTS: 1 PCD FT. NEW STREET: 0 LF ALLOWED USES: C-3 uses along with boat sales and display and motorcycle sales and service (no outside storage or display) PROPOSED ZONING: Revised PCD PROPOSED USE: Add automobile repair as an allowable use VARIANCESMAIVERS REQUESTED: None requested. BACKGROUND: On June 5, 2001, the Board of Directors passed Ordinance No. 18,495 rezoning the property from C-3 and R-2 to PCD to allow boat sales and display along with C-3 permitted uses on the site. The boat sales and display was in operation at the time of the rezoning. As a part of the process the applicant was informed to remain covered by the City's National Flood Insurance Program the applicant was to flood proof the new building, which was constructed on the eastern portion of the site. To staffs knowledge this requirement has not been met. FILE NO.: Z-3875-C [Cont. Ordinance No. 18,641 adopted by the Little Rock Board of Directors on February 5, 2002, allowed a revision to the PCD zoning. The approval allowed motorcycle sales and service (no outside storage or display) as a permitted use. A. PROPOSAUREQUEST/APPLICANT'S STATEMENT: The current request is to amend the PCD zoning to add automobile repair and auto body repair as an allowable use for the property. The applicant is not proposing to modify the existing building or parking on the site. Presently the autos waiting repair are parked behind the building in an area that is not a paved surface. The entirety of the property is located within the floodway. B. EXISTING CONDITIONS: The site contains an existing commercial building and asphalt parking between the building and the 1-30 frontage road. There is a second building (east of the existing building), which is being used as auto repair and is the basis of the rezoning request. The commercial building contains a second hand store and a bingo parlor. There is a mixture of commercial uses along 1-30 to the east and west and across 1-30 to the north (the Pulaski Technical College). Property to the west was recently redeveloped with an equipment sales and leasing business. East of the property is retail business which sells rocks. There is a creek within the southern portion of the property, with the Optimist Club Park (race track) and a truck service business further south. 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 along with the Alexander Road Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: If future construction is planned, a grading permit in accordance with Section 29-186(c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to future construction. 2 FILE NO.: Z-3875-C (Cont. The elevation of the subject property is not above the base flood elevation and the velocities in Crooked Creek exceed 3 fps. Per City Code, Chapter 36- 341(h)(2)d, floodways shall be kept free of structural involvement including fences, open storage of materials and equipment, vehicle parking and other impediments to the free flow of floodwater. In 2002, a 1316 Declaration was filed by FEMA on the structure at 12825-A2 1-30 that at the time was owned by Mr. Alvin Green due to the structure was built without a permit, in the floodway, and the finish floor elevation is below the base flood elevation. The structure is in violation of Article 3, Section (B), Paragraph (1) of the City Building Ordinance 18,555 of the City of Little Rock. Section 1316 of the National Flood Insurance Act prohibits the availability of flood insurance on properties in violation of floodplain requirements. The structure at 12825-A2 1-30 is ineligible for flood insurance through the NFIP. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. The minimum Finish Floor elevation of at least 1 foot above the base flood elevation is required to be shown on plat and site plans. The structure on the subject property was constructed below the base flood elevation without building permits. Show the floodway delineation on the site plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING. - Wastewater: Sewer main extension required with easements to serve Lots 1 — 5. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy has no objections. Service and easements to be established at the time of request for service. Center -Point Enerav: 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. A water main extension will be needed to provide water service to this property. 3. This development will have minor impact on the existing water distribution system. Proposed water facilities will be sized to provide adequate pressure and fire protection. 3 FILE NO.: Z-3875-C(Cont.) 4. 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. 5. Please submit plans for water facilities and/or fire protection system to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities and/or fire service. Approval of plans by the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 6. Contact Central Arkansas Water regarding the size and location of water meter. 7. 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. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZA) 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 tests 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 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: 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 Otter Creek Planning District. The Land Use Plan shows Mixed Commercial Industrial (MCI) for this property. The Mixed Commercial Industrial category provides for a mixture of commercial and industrial uses to occur. Acceptable uses are commercial or mixed commercial and industrial. A Planned Zoning District is required if the use is mixed commercial and industrial. The applicant has applied for a revision to the 4 FILE NO.: Z-3875-C (Cont. existing PCD (Planned Commercial District) to allow an additional use of Auto Repair for this site. Master Street Plan: Interstate 30 is shown as a Freeway on the Master Street Plan. Freeways are intended to serve through long distance trips, they are always designed as full access control roads (no direct access). This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bigycle 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. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the replacement cost of the structure. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. 5. Landscaping will be required in conjunction with any new asphalt/concrete parking areas per Chapter 15 (Landscape Ordinance) and Chapter 36 (Buffer Ordinance) of the City of Little Rock's code of ordinances. 6. An automatic irrigation system will be required if the areas are paved. 7: The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling landscape ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Vernon Williams was present representing the request. Staff presented an overview of the development stating there were a number of technical issues associated with the request. Staff stated the property was located within a floodway. Staff stated City ordinance did not allow for developments to occur within the floodway. Staff stated parking of vehicles was not allowed nor was paving within the floodway allowed. Staff questioned details of the proposed business. Staff questioned if both mechanical and body repair would take place on -site and if there were "parts cars" located on the site. Public Works comments were addressed. Staff suggested Mr. Williams contact the Highway Department concerning plans for channelization of the creek and the widening of the creek to help with the flooding problems on 1-30. Staff stated 5 FILE NO.: Z-3875-C it was possible if the creek was widened then the property would likely be removed from the floodway. 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 submitted responses and a revised site plan based on comments raised at the May 8, 2013, Subdivision Committee meeting. The applicant has indicated both mechanical and body repair will take place on -site. The applicant states all cars parked on site are there for repair and there are no "parts" cars kept on the site. The applicant is not proposing to modify the existing building or parking on the site. The request is to amend the PCD zoning to add automobile repair and auto body repair as an allowable use for the property. Presently the autos waiting repair are parked behind the building which is not a paved surface. The entirety of the property is located within the floodway. Section 36-341 states floodways shall be kept free of structural involvement including fences, open storage or materials and equipment, vehicle parking and other impediments to the free flow of floodwater. Exceptions may be granted when existing topography is at or above the existing one -hundred -year flood level and when the velocity of flow is less than three feet per second. Section 36-508 states every parcel of land changed to parking area, automobile, other vehicle or trailer sales or storage area of automobile or motor vehicle service station, garage or other vehicle use area shall be paved where subject to wheeled traffic. The applicant has contacted the Arkansas State Highway Department concerning their plans for widening the creek to allow for additional capacity. AHTD has stated they do intend to increase both the depth and width of the creek in this area. The plans for implementation of the project are not set and the time frame for completion of the project has not been set. Staff is not supportive of the request to allow the revision to the PCD to add automobile repair and automobile body repair as an allowable use for the property. Staff has concerns with the placement of paving within the floodway and the placement of inoperable vehicles within the floodway. STAFF RECOMMENDATION: Staff recommends denial of the request. 9 FILE NO.: Z-3875-C (Cont.) NNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Chairman Rector informed the applicant when there were eight or fewer Commissioners present the applicant was offered the right of deferral to a later meeting date. Chairman Rector questioned the applicant if he desired to defer to the July 11, 2013, public hearing. The applicant stated they did wish to defer the item to the July 11, 2013, public hearing. There was no further discussion of the item. The Chair entertained a motion for approval of the deferral request. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. STAFF UPDATE: The item was deferred from the May 30, 2013, public hearing due to the number of Commissioners present at the meeting. Staff and the applicant have met to discuss options to allow the use within the building for auto repair and auto body repair while limiting the variances from various City ordinances. The applicant has agreed all vehicles will be placed within the building during the overnight hours and when the business is not operating. During the day when the business is operating the vehicles waiting to be repaired will be parked on the site in an area that is paved. No new paving will be added to the site at this time. As noted in the staff analysis AHTD is preparing to widen the creek adjacent to this site to reduce flooding in the area. The applicant has stated upon completion of the AHTD project the owner of this property will apply to the Corp of Engineers for a map revision to remove this site from the floodway. At the time the site is removed from the floodway the applicant will be required to seek approval for an amended site plan to allow paving and parking within the rear of the building. Staff is supportive of the request. 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: (JULY 11, 2013) The applicant was presented. There was one registered objector present. Staff presented the item stating they had met with the applicant and resolved their concerns related to the parking of vehicles within the floodway. Staff stated the applicant had agreed no vehicles would be left outside the building during non -operational hours. Staff stated they were now supportive of the request. Staff presented 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. 7 LE NO.: Z-3875-C (Cont. Mr. Paul Covert addressed the Commission in opposition of the request. He stated he owned property to the south of this site. He stated the site had become a junk yard and he did not support the placement of a junk yard on the property. Commissioner Rector stated with the approval of the item there would not be any inoperable vehicles stored behind the building. He stated if in fact the property was removed from the floodway the applicant would be required to return to the Commission for review and consideration of a revised site plan. He stated at that time discussions of screening and fencing would be addressed. Mr. Vernon Williams addressed the Commission on behalf of the applicant. He stated there would not be inoperable vehicles located outside the building during nonoperational hours. He stated the vehicles would be housed within the building. He stated the only time there would be vehicles outdoors would be when the owner had to move the cars around to allow room to work on a vehicle. 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, 0 noes, 2 absent and 1 abstention. 0