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HomeMy WebLinkAboutZ-9375-A Staff AnalysisJULY 29, 2019 ITEM NO.: 2 File No.: Owner: Applicant. - Address: Description: Zoned; Variance Requested Justification: Z-9375-A Ruffin Excavating, Inc. Allen Smith Southwest corner of Mabelvale Drive and Mabelvale Circle North and West of Mabelvale Pike 1-2 A variance is requested from the buffer provisions of Section 36-522 to allow a reduced land use buffer. The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Excavation Company office and equipment yard STAFF REPORT A. Public Works Issues: No Comments B. Landscape and Buffer Issues: 1. Site plan must comply with the City's minimal landscape/buffer ordinance. 2. A land use buffer six (6) percent of the average width/depth of the lot is required adjacent to the west R-2 zoned property. The approximate width of the lot is 415 feet requiring a minimum twenty-five (25) foot buffer. A minimum of seventy (70) percent of the land use buffer shall be undisturbed. Easements cannot count toward fulfilling this requirement. The plantings, existing and purposed, shall be provided within the landscape ordinance of the city, section 15-102. In addition to maintain the existing vegetation the minimum landscape requirements for this area would require plant materials to be installed at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. As a component of all land use buffer requirements an evergreen screen or opaque fence a minimum of six (6) feet in height will need to be placed along the west property line. C. Staff Analysis. The 1-2 zoned property located at the southwest corner of Mabelvale Drive and Mabelvale Circle is currently undeveloped and grass covered. The property is comprised of 5.469 acres and is relatively free of slope. The applicant proposes to JULY 29, 2019 ITEM NO.: 2 CON'T.l Z-9375-A develop the site for an excavation contractor's office and maintenance yard for heavy earth moving and construction equipment. The site will be developed in two (2) phases. Phase I of the project will consist of construction of a one-story metal office building (2,000 square feet), a one-story metal equipment shop building (6,000 square feet) and a 750 square foot open breezeway between the two (2) buildings, as noted on the attached site plan. This phase includes a paved parking area for 17 vehicles on the east side of the buildings. Two (2) driveways from Mabelvale Drive will serve as access to the property. A gravel equipment storage/maintenance yard will be located on the north, south and west sides of the buildings. A fueling station will be located within this area. The entire property will be fenced with a six (6) foot high chain -link fence with concertina wire. Phase II of the project will include a 4,000 square foot equipment storage building within the rear of the property. This structure will be covered and unenclosed. Additional, gravel equipment storage/maintenance yard area within the north portion of the property will also be part of this phase. There will also be a new driveway from Mabelvale Circle. On December 10, 2018 the Board of Adjustment approved a variance for the project to allow the gravel equipment storage/maintenance yard. The approved site plan included a 25 foot wide land use buffer along the west property line (510 feet) where adjacent to R-2 zoned property. The buffer area was mostly tree covered. The applicant recently began doing some site work on the property. As part of the work, the applicant inadvertently cleared the trees within a portion of the land use buffer, as noted on the attached site plan. The tree clearing within the required buffer area occurred mainly within the south half of the buffer area. Section 36-521(f) of the City's Zoning Ordinance requires that a minimum of 70 percent of a required land use buffer be undisturbed. In staffs opinion over 30 percent of the required land use buffer has been disturbed. Approximately 110 feet of the overall buffer length (510 feet) has been completely cleared of trees. Therefore, the applicant is requesting a variance to allow the area of the required land use buffer which has been disturbed. Staff is supportive of the requested buffer variance. Staff's support is based on the fact that the applicant is proposing to submit a mitigation plan to re-establish the buffer area which was disturbed. The mitigation plan is to include landscaping and screening for the buffer area. The mitigation plan must be approved by staff. Staff will require that the buffer area be re-established prior to a certificate of occupancy being issued for the new building construction. Staff believes that the re- establishment of the disturbed buffer area will have no adverse impact on the adjacent property to the west. 2 JULY 29, 2019 ITEM NO.: 2 (CON'T. Z-9375-A D. Staff Recommendation: Staff recommends approval of the requested buffer variance, subject to the following conditions: 1. Compliance with the landscape and buffer requirements as noted in paragraph B. of the staff report. 2. The applicant must submit a mitigation plan for the disturbed buffer area to include landscaping and screening. 3. The buffer area which was disturbed must be re-established as per an approved mitigation plan, prior to a certificate of occupancy being issued for the new building construction. Board of Adjustment (July 29, 2019) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 5 ayes, 0 noes and 0 absent. 3 SUBDIVISION COMMITTEE COMMENTS NOVEMBER 20, 2018 ITEM NO.:7. FULMER SHORT -FORM PD-O 102 BARTON STREET Z-9377 Plannin Staff Comments: 1. Provide notification to all owners of properties located within 200 feet of the site; including the certified abstract list, notification with affidavit completed and proof of mailing. Notices must be mailed no later than November 28, 2018. Proof of notice must be delivered to staff no later than December 7, 2018. 2. Will there be any business traffic (persons) to this site? 3. Will there be any lighting of the parking lot? If so, describe the lighting. Any site lighting must be low-level and directional; shielded downward and into the site. 4. How often are proposed entertaining events anticipated? Variance/Waivers: None requested Public Works: 1. W. Markham St is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that Barton Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. The panels of the existing sidewalk and access ramp maybe required to be replaced. Public Works staff can meet with the applicant to determine sidewalk and ramp in need of replacement. 4. What landscaping is proposed between the parking area and the sidewalk. The proposed landscaping shrubbery between the parking area and the sidewalk cannot exceed 30 inches in height to not obstruct the limited sight distance. Utilities and Fire Department/County Planning: Little Rock Water Reclamation Authority: Sewer Available to this site. Retain 10' wide easement for existing sewer main. Entergy: Entergy does not object to this proposal as long as parking spaces on the west side of the property do not obstruct bucket truck access to the alley for service restoration and maintenance purposes. There do not appear to be any conflicts with existing electrical utilities at this location. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities (if any) as this project proceeds. ITEM NO., 7. (CON'T) (Z-9377) Centerpoint Energy: 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. A water main extension will be needed to provide water service to this property. 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. 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 Fire Department: No comment County Planning: No comments received. Rock Re ion METRO: Planning Division: No comments Landscape: 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (%2) the full width requirement but in no case less than nine (9) feet or six (6) feet nine (9) inches in designated mature areas. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. Requirements for landscaping in land use buffers shall be the same as perimeter landscaping at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street right- of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. ITEM NO.: 7. CON'T Z-4377 4. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15- 100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 5. 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. Other: Provide responses to staff issues and 4 copies of revised plan not later than Wednesday, November 28, 2018 December 13, 2018 ITEM NO_: 7 NAME: Fulmer Short -form PD-O LOCATION: 102 Barton Street DEVELOPER: Jonelle T. Fulmer Living Trust 5209 Rosewood Circle Ft. Smith, AR 72903 OWNER/AUTHORIZED AGENT: Jonelle Fulmer, owner SURVEYOR/ENGINEER: James Butler 10411 Highway 107 Sherwood, AR 72120 AREA: 0.24 acres WARD: 3 URRENT ZONING Al 1 '%IA/r V% 1 IC%r C%. NUMBER OF LOTS: 2 PLANNING DISTRICT: 9 C-3 and R-3 FILE NO.: Z-9377 FT. NEW STREET: 0 LF ENSUS TRACT: 48 General commercial and single family residential PROPOSED ZONING: PD-O PROPOSED USE: Single family and home office VARIANCE/WAIVERS: None requested. BACKGROUND: The lot at 102 Barton is occupied by a circa 1930's single family residence. The vacant C-3 zoned lot adjacent to the north is a remnant of what was a commercial node established by the 1937 zoning ordinance. December 13, 2018 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-9377 A. PROPOSAUREQUESTIAPPLICANT'S STATEMENT: The applicant is requesting approval of a PD-O planned development -office combining the two lots for a single use. The house will be principally a single family residence. The applicant lives in Ft. Smith but has business that brings her to Little Rock on a regular basis. The house will offer her a location from which to work when in town, as well as place to stay rather in a hotel. The business is a quiet, one person office use. She does entertain clients and friends from time to time (for both business and personal purposes). Thus she is proposing to construct a small paved parking lot on the currently C-3 zoned lot. B. EXISTING CONDITIONS: A one story, brick and frame, single family residential structure is located on the R-3 zoned lot. The C-3 zoned lot is vacant. There is an existing curb cut from Markham Street onto the lot. The property across Markham Street to the north is occupied by the schools for the deaf and blind. The properties to the south and west are occupied by a variety of residential uses; including single family, two family and multifamily. C. NEIGHBORHOOD COMMENTS: Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Capitol View-Stifft Station neighborhood Association. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. West Markham Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 2. Due to the proposed use of the property, the Master Street Plan specifies that Barton Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Repair or replace any curb, gutter, sidewalk and access ramps that are damaged and not in compliance with ADA recommendations in the public right-of-way prior to occupancy. The panels of the existing sidewalk and access ramp maybe required to be replaced. Public Works staff can meet with the applicant to determine sidewalk and ramp in need of replacement. 2 December 13, 2018 SUBDIVISION EM NO.: 7 (Cont. FILE NO.: Z-9377 4. What landscaping is proposed between the parking area and the sidewalk. The proposed landscaping shrubbery between the parking area and the sidewalk cannot exceed 30 inches in height to not obstruct the limited sight distance. E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING: Little Rock Water Reclamation Authority: Sewer Available to this site. Retain 10' wide easement for existing sewer main. Entergy: Entergy does not object to this proposal as long as parking spaces on the west side of the property do not obstruct bucket truck access to the alley for service' restoration and maintenance purposes. There do not appear to be any conflicts with existing electrical utilities at this location. Contact Entergy in advance to discuss electrical service requirements, extensions, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comments received. AT & T: No comments received. Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. A water main extension will be needed to provide water service to this property. 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. 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. Fire Department: No comment. rks and Recreation: No comments received. County Planning: No comments received- 3 December 13, 2018 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-9377 F. BUILDING CODE S/LANDSCAPE' Building Code: Project is subject to full commercial plan review and approval prior to issuance of a building permit. For information on submittal requirements and the review process, contact a commercial plans examiner: Curtis Richey at 501.371.4724; crichey_(a-_)littlerock.gov. Landscape: 1. Any new site development must comply with the City's minimal landscape and buffer ordinance requirements. 2. Street buffers will be required at six (6) percent of the average depth of the lot. The minimum dimension shall be one-half (Y2) the full width requirement but in no case less than nine (9) feet or six (6) feet nine (9) inches in designated mature areas. The property is located in the City's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. Requirements for landscaping in land use buffers shall be the same as perimeter landscaping at the rate of one (1) tree and three (3) shrubs for every thirty (30) linear feet. 3. Screening requirements will need to be met for the vehicular use areas adjacent to street right-of-ways. Provide screening shrubs with an average linear spacing of not less at three (3) feet within the required landscape area. Provide trees with an average linear spacing of not less than thirty (30) feet. 4. All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 5. 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: No comments received. Planning Division: No comments. December 13, 2018 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-9377 H. SUBDIVISION COMMITTEE COMMENT: (November 20, 2018) The applicant was present. Staff introduced the item and noted little additional information was needed. Staff asked if there would be any business traffic (persons) to the site. Staff asked if the new parking lot would be lighted and how often the proposed entertaining events were anticipated. Public Works and Landscape comments were discussed. It was noted that care in the selection and location of planting materials was necessary due to limited sight distance. Staff recommended changes to the proposed parking lot plan to reduce the amount of paving and allowing for more flexibility in plant locations. Other reviewing agencies comments were noted. The applicant was advised to respond to staff issues by November 28, 2018. The committee forwarded the item to the full commission. ANAI YRI. The request is a PD-O rezoning for the two lots located at the southwest corner of W. Markham and Barton Streets. The vacant lot at the corner is zoned C-3 commercial; a remnant of a circa 1930's commercial node. The lot adjacent to the south at 102 Barton is occupied by a one story brick and frame single family residence. The applicant proposes combining the two under this PD-O. The single family residence will remain exactly that with the addition of some small personal office space to be used when the applicant is in town on business. The applicant's business is such that she will be hosting occasional business and personal receptions and functions. The currently C-3 zoned portion is to be developed into a small, 6-7 space paved and landscaped parking lot. There will not be regular customer/client traffic to the site. There is the potential for associates to stop by, but more likely only for occasional receptions/parties. The only new lighting proposed is solar lighting in the landscape areas. There is a motion light on the side of the garage, as well as significant existing street lighting. The applicant anticipates 6 to 12 entertaining events per year; including holidays, receptions, family reunions or business receptions. There will be no signage. The applicant will modify the proposed parking lot plan to reduce the paved area and expand the green space. This will allow for more flexibility in placing of any landscape materials so as to not create any sight distance issues. She will work with staff on the final design of the plan. Staff is supportive of the request as specifically proposed by this applicant. As such, staff believes the approval should be limited to this applicant's ownership and occupancy of the property. The PD-O will not include transference to any subsequent owner or occupant. 61 December 13, 2018 SUBDIVISION ITEM NO.: 7 Cont. FILE NO.: Z J. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the following conditions: (a) Compliance with the comments and conditions outlined in paragraphs D, E and F and the staff analysis in the staff agenda. (b) This PD-O approval is solely for the ownership and occupancy of the property by this applicant Jonelle Fulmer. PLANNING COMMISSION ACTION: (DECEMBER 13, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff; including all staff comments and conditions. The vote was 10 ayes, 0 noes and 1 absent.