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HomeMy WebLinkAboutZ-9493 Staff AnalysisFebruary 20, 2020 ITEM NO.: 7 FILE NO.: NAME: Black Cobra Tattoos Short -form POD LOCATION: Northeast of the intersection of Cantrell Road and Rummel Road Matt O'Baugh Black Cobra Tattoos OWNER/AUTHORIZED AGENT: Toni Boydston/Owner Thomas R. Pownell, Thomas Engineering Company/Agent SURVEYOR/ENGINEER: Thomas Engineering Company./Engineer AREA: 0.551 acres WARD: 5 CURRENT ZONING ALLOWED USES PROPOSED ZONING PROPOSED USE: VARIANCE/WAIVERS: NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF PLANNING DISTRICT: 1 CENSUS TRACT: 42.05 R-2, Single -Family Residential Single -Family Residential POD, Planned Office Development Tattoo Art Studio and General Professional Office uses 1. Lot size less than 2 acres 2. Side yard setback less than 30-feet 3. Landscape buffer between parking area and north property line less than 18-feet 4. Parking area perimeter planting strip February 20, 2020 SUBDIVISION ITEM NO.: 7 (Cont. BACKGROUND: FILE NO.: Z-9493 This vacant property located at the northeast corner of Cantrell Road and Rummel Road contains approximately 0.55-acres of land and is zoned R-2, Single -Family Residential. The property is also situated in the Highway 10 Scenic Corridor Design Overlay District. As listed above, there are several site and design issues in conflict with the requirements of the overlay. Section 38-348 of the zoning ordinance states "Property, due to topography, size, irregular shape or other constraints, such as adjacent structures or features which significantly affect visibility, and thus cannot be developed without violating the standards of this article shall be reviewed through the planned unit development (PUD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. The purpose and intent of the overlay is found in Section 36-343. It reads, "The purpose of establishing this district is to protect and enhance the aesthetic and visual character of the lands surrounding Highway 10 zoning districts. In particular the purposes of this district are as follows: 1) To protect and enhance the scenic quality of the Highway 10 corridor by providing for sensitive developments which will maximize the natural foliage and terrain while also providing planted buffer and landscaped areas. 2) To allow land use patterns compatible with present and future traffic capacity for Highway 10. 3) To create a distinctive parkway atmosphere along Highway 10 by encouraging substantial building setbacks, extensive landscaping and uniform tree plantings. 4) To minimize the number of curb cuts along Highway 10 so that the roadway will function at an efficient level of service. 5) To facilitate transition of areas from less to more intense land uses along Highway 10 without the undesired effects of small lot strip development. 6) To create standards for signage and parking lot design which are in keeping with the intent of this article. The applicant is proposing the construction of a building to be used as a tattoo artist studio. Tattoo artist studio is not a specifically defined use in the zoning ordinance. It has been interpreted to be categorized as a personal service establishment, such as a barber shop or beauty salon. This type of use is a conditional use in the office zoning districts, however, the POD approval process allows for flexibility in land use provided it is appropriate for the area and context. 04 February 20, 2020 SUBDIVISION ITEM NO.' 7 (Cont.) FILE NO.: Z-9493 Staff is unaware of any previous zoning actions on this property. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT. The proposed development is a 2,600 square foot, one-story building to be operate as a tattoo artist studio. The hours of operation are intended to be 10:00 am to 9.00 pm Monday through Saturday. The studio would be operated similar to a quiet office or medical/dental office. The site is small and has a high degree of elevation change from the north sloping downward toward the front. The building and parking layout are configured to best accommodate the number of parking spaces for the use. A retaining wall is shown along the north property line. This wall would have a height of no more than 10 feet. This wall is necessary given the elevation of Rummel Road in relation to the elevation of the property to the north. As a benefit, the building is considerably lower than the residential property to the north, thus providing a natural screen. A monument sign is proposed along the Highway 10 right-of-way. This sign will be size in compliance with the zoning code and overlay. B. EXISTING CONDITIONS' The property is undeveloped and wooded with frontage along both Cantrell Road and Rummel Road. Having an irregular shape, the frontage along Cantrell Road is approximately 43-feet. Rummel Road curves along the western boundary and the parcel widens about 80-feet north of the Cantrell Road right-of-way. Undeveloped property zoned POD is found to the east. More intense office and commercial development extends eastward along Cantrell Road. A large undeveloped parcel of more than 40-acres zoned R-2 is situated to the north. Further north is a single-family subdivision. The properties immediately west across Rummel Road are undeveloped. Further west are several single-family homes. A city park is located south across Cantrell Road. Also, there is a single-family subdivision abutting Cantrell Road. The immediate area is still largely undeveloped; however, this property is on the edge of a more extensively developed section of Cantrell Road. 3 February 20, 2020 SUBDIVISION ND.: 7 (Cont.) FILE NO.: Z-9493 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received numerous calls and emails from nearby property owners. Most have expressed some concern about the use of the property and the potential for additional traffic on Rummel Road. Notice of the public hearing was sent to all owners of properties located within 200 feet of the site and the Pinnacle Valley and Westchester Neighborhood Associations. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS. - Due to the proposed use of the property, the Master Street Plan specifies that Rummel Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Cantrell Rd is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 3. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Rummel Road including 6-foot sidewalks if placed at the back of curb with planned development. The new back of curb should be placed 18 ft. from centerline. 4. A grading permit in accordance with section 29-186 (c) & (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. 5. As shown on plans, sidewalks with appropriate handicap ramps are required to be installed on Cantrell Rd in accordance with Sec. 31-175 of the Little Rock Code and the Master Street Plan. 6. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 7. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing -any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. 8. Provide a letter prepared by a registered engineer certifying the intersection sight distance at the intersection(s) comply with 2004 AASHTO Green Book standards. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 2 February 20, 2020 SUBDIVISION ITEM NO.: 7 10. Repair or replace any curb, gutter, damaged and not in compliance wit FILE NO.: Z-9493 h 11. Prior to construction of retaining walls, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as -built certification is required for construction of the retaining wall. 12. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). E. UTILITIES/FIRE DEPARTMENT/PARKS/COUNTY PLANNING' Little Rock Water Reclamation Authority, Sewer main extension required with easements if new sewer service is required for this project. Entergy: Entergy does not object to this proposal. There does not appear to be any conflicts with existing electrical utilities at this location. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. CenterPoint Energy: No comment. 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. Provide a minimum 10-foot utility easement along the proposed lot frontage. 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 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. Approval of plans by 5 February 20, 2020 SUBDIVISION ITEM NO.: 7 (Cont. FILE NO.: Z-9493 Central Arkansas Water, the Arkansas Department of Health Engineering Division, and Little Rock Fire Department is required. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: No comment. F. BUILDING CODES/LANDSCAPE: Building Code: No comment. Landscape: 1. Site plan must comply with the City's minimal landscape and buffer ordinance requirements and the Highway 10 Scenic Corridor Overlay District. 2. The Highway 10 Scenic Corridor Overlay District requires a minimum development tract size of not less than two (2) acres. The front yard setback requires principal and accessory buildings or structures to have a one hundred -foot building setback from the property line abutting Highway 10 and the side yard shall not be less than thirty (30) feet. 3. The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined man-made/organic features such as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting. Provide screening shrubs no less than thirty (30) inches in height at installation with an average linear spacing of not less at three (3) feet within the required landscape area. 4. A land use buffer six (6) percent of the average width / depth of the lot will be required when an adjacent property has a dissimilar use of a more restrictive nature. The property to the north is zoned R-2. As a component of all land use buffer requirements, opaque screening, whether a fence or other device, a minimum of six (6) feet in height shall be required upon the property line side of the 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 15-81. N. February 20, 2020 UBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-9493 The average depth of the lot is approximately 300 feet. A minimum eighteen (18) foot landscape buffer is required between the parking and the north property line. 5. A perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. The Highway 10 DOD requires rear and side yards to have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. The southwest corner, and a portion of the northwest parking area extend into the required perimeter planting strip. 6. Building landscape areas shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 7. A landscape irrigation system shall be required as per Highway 10 site design and development standards. 8. 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 comment received. Planning Division: The request is in the River Mountain Planning District. The Land Use Plan shows Suburban Office (SO) for the requested area. The Suburban Office category shall provide for low intensity development of office or office parks in close proximity to lower density residential areas to assure compatibility. A Planned Zoning District is required. The application is to change an area from R-2 (Single Family District) a revision to PDO (Planned Development Office) District to allow the development of a tattoo studio and quiet office uses. The site is within the Highway 10 Design Overlay District. Master Street Plan: To the south is Cantrell Road and it is shown as a Principal Arterial on the Master Street Plan. To the west is Rummel Road and it is a Local Street 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 Cantrell Road since it is a Principal Arterial. The primary function of Local Streets is to provide access to adjacent properties. Local Streets that are 7 February 20, 2020 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-9493 abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "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 is a Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or an easement is recommended. Nine -foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). H. SUBDIVISION COMMITTEE COMMENT: January 29, 2020 The applicant was present. Staff presented the item to the committee. Planning staff requested information on proposed alternative uses of the property in addition to the tattoo artist studio. Proposed elevations were requested with fagade materials, and signage. The variances to the Highway 10 Scenic Corridor Design Overlay District were noted. Public Works requested a sketch grading and drainage plan from the applicant. A letter prepared by a register engineer certifying the intersection site distance at the intersection complied with the 2004 AASHTO Green Book standards is required. Lastly, the plans for the retaining walls, with engineering certification, must be submitted to Public Works for approval prior to construction. The Landscape comments were noted, particularly the instances where the site plan did not conform with the Highway 10 Scenic Corridor Design Overlay District. The applicant was advised responses and revisions are to be received by February 5, 2020. The committee forwarded the item to the full commission. ANALYSIS: No changes were provided to the site plan. Comment responses were provided by the applicant. The applicant indicated to add General and Professional Office use to the allowed uses under the proposed POD. Building elevations were provided. The building would be one-story and the facades composed of stone, glass, and wood facing south toward Cantrell Road, stone, glass, metal, and wood on the west fagade toward Rummel Road, metal siding and glass on the north and east facades. February 20, 2020 SUBDIVISION ITEM NO.: 7 FILE NO.: Z-9493 Building signage conforming to the Highway 10 Scenic Corridor Design Overlay District, being no more than 10% of the fagade area, is proposed for the fagade facing Cantrell Road. The monument sign along Cantrell Road will also conform to the signage requirements and be no greater than 64 square feet in area and 6 feet in height. Due to the proposed use of the property, the Master Street Plan specifies Rummel Road must meet commercial street standards for the frontage of this property. Right-of-way measuring 30-feet from the road centerline will be dedicated. Similarly, Cantrell Road is classified as a principal arterial and 55-feet of right-of- way from the centerline will be dedicated, if not already provided. Half -street improvements for Rummel Road conforming to the Master Street Plan will be constructed with the development of the property. This would include a 6- foot wide sidewalk. The back of curb would be 18-feet from the existing centerline of the road. Preliminary grading and drainage plans have been submitted to Public Works for review and are acceptable. The engineer has certified the intersection with Rummel Road and the proposed driveway complies with the sight distance standards of the 2004 AASHTO Green Book. Detailed plans for the retaining walls will be submitted for review and approval prior to construction. It appears all technical issues have been addressed. As noted, the proposed plan does not fully comply with the Highway 10 Scenic Corridor Design Overlay District in regard to 1) minimum site area of 2-acres; 2) minimum width of the landscape buffer between the parking area and the north property line; and 3) the required 25-foot wide perimeter planting strip along Rummel Road abutting the vehicular use area. This parcel appears to have been configured as such for at least thirty years. The lot minimum has been varied for several other properties. Referring back to the text of the design overlay district, size and irregular shape are specifically stated as reasons for a Planned Zoning District review. 9 February 20, 2020 SUBDIVISION ITEM NO.: 7 FILE NO.: Z-9493 The proposed landscape buffer is 12-feet in width. This buffer will also have a retaining wall between the property to the north and the parking area. Moreover, the parking area will be at a lower finished grade than the property to the north. With the required plant materials, this buffer will still be meet the intention tc provide separation between this development and any future residentia development to the north. Portions of the parking area extend into the perimeter planting strip required along Rummel Road. Consideration should be given to more intensive plantings, if possible, in these locations or reducing the number of parking spaces. The site plan reflects 18 parking spaces. Under the zoning ordinance, one parking space is required for each 400 square feet of gross floor area. Calculating the parking as office use yields a requirement of 6 spaces. Personal service establishments, as a tattoo artist studio is classified under the zoning ordinance requires the provision of one parking for every 200 square feet of gross floor area, being 13 spaces based on the proposed building. Not being familiar with the parking needs of the business, staff will suggest it may be reasonable to reduce the number of parking spaces provided and thereby provide the required perimeter planting strip. Staff would concur the site has physical constraints, notably topography, the size of the property and its irregular shape making strict compliance with the Highway 10 Scenic Corridor Design Overlay District difficult or impossible; therefore, it is appropriate to review the proposed development through the Planned Zoning District process. Staff sees this as a workable plan to meet the purpose and intentions of the overlay district. The plan takes into account the natural topography of the site and provides additional landscaping, the use of the land for this use is compatible with the traffic capacity of Cantrell Road and would not be a major traffic generator during peak times; a substantial setback from both Cantrell Road and Rummel Road would be provided with extensive landscaping; site access would be from an improved Rummel Road and would not add a curb cut to Cantrell Road; the use transitions from the more intensive commercial uses to the east and also is not an intensive use that would put additional pressure for allowing future nonresidential use further north along Rummel Road, and the proposed signage and lighting would conform to the standards. As to the proposed use, staff finds the tattoo artist studio compatible with the Land Use Plan designation of Suburban Office; moreover, the additional professional office uses requested are also in conformance with the Land Use Plan. 10 February 20, 2020 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-9493 Staff supports the proposed development as it is cognizant of the area context and seeks to integrate into it. While not fully conforming to the standards of the design overlay district, it clearly reflects its intentions. STAFF RECOMMENDATION: Staff recommends approval of the request to rezone the property to POD subject to compliance with the comments and conditions outlined in paragraphs D, E, and F and the staff analysis in the agenda staff report. PLANNING COMMISSION ACTION: (FEBRUARY 20, 2020) The applicant was not present. There were no registered objectors present. Staff informed the commission that staff received a request to withdraw the item without prejudice on February 18, 2020. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff. The vote was 9 ayes, 0 noes, and 2 absent. 11