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HomeMy WebLinkAboutZ-9246 Staff AnalysisAugust-31, 2017 ITEM NO.: 12 NAME: 19400 Lawson Road Long -form PCD LOCATION: Located at 19400 Lawson Road DEVELOPER: Nathan Mann 19400 Lawson Road Little Rock, AR 72210 RI IR\/FYnR- Smith and Goodson 7509 Cantrell Road, Suite 227 Little Rock, AR 72207 AREA: 7.240 acres WARD: N/A CURRENT ZONING ALLOWED USES: PROPOSED ZONING PROPOSED US VARIANCENVAIVERS NUMBER OF LOTS: 1 PLANNING DISTRICT: 22 R-2, Single-family Single-family residential PCD Medical marijuana dispensary None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: FILE NO.: Z-9246 FT. NEW STREET: 0 LF CENSUS TRACT: 42.07 The applicant is requesting a rezoning of the property located behind 19400 Lawson Road from R-2, Single-family to PCD, Planned Commercial Development. Access to the site is proposed from Vickie Lane. The applicant is seeking the rezoning to allow for the placement of a 40-foot by 40-foot metal building on the property to be used as a medical marijuana dispensary as defined by the City of Little Rock's Zoning Ordinance. August31�, 2017 SUBDIVISION NO.: 12 (Cont. B. EXISTING CONDITIONS: FILE NO..- Z-9246 Vickie Lane extends from Beauchamp Road and is an unimproved narrow road which is indicated at a 40-foot road easement on the survey provided. Vickie Lane dead ends into the sites western boundary. The site is tree covered. There are single-family homes located along Vickie Lane. To the south of the site is undeveloped R-2, Single-family zoned property owned by this applicant. Further south is property owned by the applicant which is zoned PD-C. The zoning was approved to allow a plant nursery on the property. C. NEIGHBORHOOD COMMENTS: All property owners located within 200 feet of the site were notified of the public hearing. There is not a registered with the City of Little Rock Neighborhood Association located near this site. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvements to Vickie Lane with the planned development. At a least 20 foot width of asphalt should be provided on Vickie Lane from Beauchamp Road to the property. 2. Provide a site plan along with a sketch Grading and Drainage Plan per Section 29-18. 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. Maintenance of the detention pond and all private drainage improvements is the responsibility of the developer and/or land owner. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Outside the service boundary. No comment. Entergy: Entergy does not object to this proposal. A three (3) phase power line exists along the north side of Lawson Road at this location, but does not appear to be in conflict with the proposed development. Contact Entergy in advance to 2 August-31-, 2017 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-9246 discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No comment received. Fire Department: Provide a letter from the area volunteer fire department indicating their knowledge to the project and their ability to serve the proposed new business. Parks and Recreation: No comment received_ County Planning: No comment received. F. BUILDING CODES/LANDSCAPE: Building Code: No comment. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Any new development shall adhere to the current landscape code. 3. 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. TRANSPORTATION/PLANNING: Rock Region Metro: Location is not served by METRO. We have no objections to proposed development. With all retail spaces though we do recommend sidewalks for access and consideration of complete streets needs of the future. Planning Division: This request is located in West Fourche Planning District. The Land Use Plan shows Residential Low Density (RL) for the application area. The Residential Low Density category provides for single family homes at densities not to exceed six (6) units per acre. Such residential development is typically characterized by conventional single family homes, but may include patio or garden homes and cluster homes, provided that the density remain less than six (6) units per acre. The applicant has applied for a rezoning from R-2 (Single-family) to PCD (Planned Commercial Development) to allow new construction of a retail pharmacy at this location. K, August 31-, 2017 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-9246 Master Street Plan: Vickie Lane is shown as a Local Street on the Master Street Plan. Plan. The primary function of Local Streets 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. This street 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. H. SUBDIVISION COMMITTEE COMMENT: (August 9, 2017) The applicant was not present. Staff presented an overview of the item stating they would work with the applicant to resolve any outstanding technical issues associated with the request prior to the Commission hearing the item. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. I. ANALYSIS: The applicant has provided staff with an updated site plan and cover letter to address staff's concerns related to the proposed request. The request is a rezoning of the property located behind 19400 Lawson Road and at the end of Vickie Lane from R-2, Single-family to PCD, Planned Commercial Development. All access to the site is from Vickie Lane. The request is to allow the placement of a 40-foot by 40-foot metal building on the property to be used as a medical marijuana dispensary as defined by the City of Little Rock's Zoning Ordinance. The plan indicates the placement of a paved parking area along the southern and western sides of the building. The applicant has indicated a minimum pavement width of 20-feet will be extended from the current end of the paving on Vickie Lane to the property. The applicant has indicated there will be a dumpster located on the site. The applicant indicates the dumpster hours of service will be limited to 7 am to 6 pm Monday through Friday. The dumpster will be fully screened per the typical ordinance standards or an opaque fence placed around the dumpster pad with a height a minimum of two (2) feet above the container. The gate will also be an opaque material. The applicant has indicated signage will be placed on the front fagade of the building. The signage will not exceed ten (10) percent of the front fagade area. Ground signage is indicated 12-feet in height and 32 square feet in area. 0 August 31., 2017 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-9246 The applicant has indicated the days and hours of operation. The business is proposed to operate from 9 am to 9 pm Monday through Saturday. The plan indicates the placement of a ten (10) foot security fence around the perimeter of the site. The applicant notes the height and construction material of the fence is a requirement by the State Licensing Board. The fence will be a chain link fence. Staff is not supportive of the applicant's request. The applicant is seeking a rezoning of the site from residential to commercial to allow a commercial business on the site. The site is located at the end of a substandard street and is within a residential area. The commercial uses in this area are limited to Lawson Road. There are no commercial uses located in the area along Beauchamp Road which will be used to access Vickie Lane and the site. The site is indicated on the City's Future Land Use Plan as Residential Low. This category is typically low density residential uses commonly single-family homes. Staff does not feel this is an appropriate location for the placement of a commercial use. J. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (AUGUST 31, 2017) Mr. Nathan Mann was present representing the request. There were no registered objectors present. Staff presented an overview of the item and presented a recommendation of denial of the request. Mr. Mann addressed the Commission stating his request was a rezoning to allow for the placement of the business on a portion of a 40 acre tract he owned. He stated the location was selected due to the State requirements with regard to distances between schools, churches and daycare centers. He stated the location indicated met the 1,500 foot requirement of the State from each of these uses. He stated access to the site was via a legal easement. He stated this area was a very peaceful area. He stated he felt this would allow customers a peaceful area to come to get their medications. He stated the business would be good for other businesses in the area. There was a general discussion by the Commission concerning the proposed uses and the proposed location for the business. The Commission indicated the State had required the use to be treated as a pharmacy or drug store. The Commission noted their charge was to determine if this location was appropriate for a pharmacy or for a commercial business. 5 August l-, 2017 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-9246 Commissioner Latture questioned based on the State requirements if there were any locations which would allow the placement of this use and still meet the required setbacks of the State. Commissioner Berry stated he felt there were site which would meet the criteria and also be zoned appropriately for the use. A motion was made to approve the request as filed including all staff recommendations and comments except that of denial. The motion failed by a vote of 1 aye, 9 noes and 1 absent. A ITEM NO.: 12. Z-9246 NAME: 19400 Lawson Road Long -form PCD LOCATION: located at 19400 Lawson Road PI_anninq Staff Comments: 1. Provide notification of the abutting property owners including the ceriiCi, d abstr..,ct list, notice form with affidavit executed and proof of mailing. The notice niu be mm!ed no later than August 16, 2017. The Office of Planning and Development must receive the proof of notice no later than August 25, 2017. 2. Provide the days and hours of operation for the facility. 3. Provide details of any proposed fences, location, construction material, tet='l height. 4. Provide a development schedule indicating the approximately date wh.-� ,onstr-u,::on of the planned unit development or stages of the planned unit development -;n be c.':pected to begin and be completed. 5. The site plan does not include the placement of on -site parking. Provide a plan which includes the proposed parking lot and areas to be landscaped. Parking for a retail businesses is typically based on one (1) space per 300 gross square feel floor area. 6. Lighting is to be placed so as to reflect away from adjacent residential st:.;cures. cures adjacent to roadways shall be of a design that minimizes glare to the mc�r­ publ� 7. All ground mounted mechanical systems and trash receptacles and pickup -hall be oriented away from a primary street side of the property and screened fronn the public right of way. Ground mounted mechanical systems and trash receptacl(:.s shall be placed adjacent to alleys if alleys are available. 8. Provide details of the proposed signage plan including ground sign- .-nd i Jlding signage. The location, total height and total sign area. Building signag:_ ;united to a maximum of ten (10) percent of the front fagade. 9. All dumpsters located on the site must be properly screened. Proviu,:, the d _in-ipster service hours. Staff recommends the hours be limited to 7 am to 6 prim ivionday through Friday. 10. Provide a letter from the area volunteer fire department indicting their )f the project and their ability to serve the proposed use. VarianceANaivers: None requested. Engineering Comments: Public Works Conditions: 1. With site development, provide the design of street conforming to the Nit:ster Stre�i Plan. Construct street improvements to Vicki Lane with the planned development. At a I(-:_lst 20 foot width of asphalt should be provided on Vicki Lane from Beauch:=ir;p Rome 1.0 the property. ITEM NO.: 12. L-J246 2. Provide a site plan along with a sketch Grading and Drainage Plan per Section 29-1 3. Stormwater detention ordinance applies to this property. Show the prot�r ,ed 1=c ,Ion for stormwater detention facilities on the plan. Maintenance of the deteritic:,n pond end all private drainage improvements is the responsibility of the developer and/or land ov,n1er. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. Utilities/Fire Department/Parks/County Planning: Little Rock Water Reclamation Authority: Outside the service boundary. No _:on�rnenl. Entergy: Entergy does not object to this proposal. A three (3) phase power line exisl:- along the north side of Lawson Road at this location, but does not appear to be in conflict ,.! ih the proposed development. Contact Entergy in advance to discuss c:'• ctrical ­rvice requirements, or adjustments to existing facilities (if any) as this project procc:_ ,'is. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No comment received. Fire Department- Provide a letter from the area volunteer fire department indicating their knowledge to the project and their ability to serve the proposed new busine:::, rks and Recreation: No comment received. County Planning No comment. Building Codes/Landscape: Building Code: No comment. Landscape: 1. Site plan must comply with the City's landscape and buffer ordinance requirements. 2. Any new development shall adhere to the current landscape code. 3. The City Beautiful Commission recommends preserving as many existing :: es as ;risible on this site. Credit toward fulfilling Landscape Ordinance requirements c ;;, give n when preserving trees of six (6) inch caliper or larger. Transportation/Planning: Rock Region Metro: Location is not served by METRO. We have no objec;� ;�: s to pr ;iosed development. With all retail spaces though we do recommend sidewalk: ':r c _, s and consideration of complete streets needs of the future. ITEM NO.: 12. Z-9246 Planning Division: This request is located in West Fourche Planning District. The Lend Use Plan shows Residential Low Density (RL) for the application area. The Residen�ial Low Density category provides for single family homes at densities not to exceed six (6) units per acre. Such residential development is typically characterized by conventio n-d singlf "nmily homes, but may include patio or garden homes and cluster homes, provide -! tha the r;onsity remain less than six (6) units per acre. The applicant has applied for a rf-.zoning from R-2 (Single-family) to PCD (Planned Commercial Development) to allow new construction of a retail pharmacy at this location Master Street Plan: South of the property is Lawson Road and it is shown :,._; : Minor ;',aerial Street on the Master Street Plan. A Minor Arterial provides connections .nd 1,hrc-),1fj1h an urban area and their primary function is to provide short distance travel witi-iin i'-ie uri,anized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Lawson Road since it is a Minor Arterial. 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 11 Bike Lane is shown along Lawson Road. Bike 1. ozs a portion of the pavement for the sole use of bicycles. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/pll-ir, (to inclu''al the additional information as noted above) to staff on Wednesday, August 16, 2l' _