NAME:  Frahm Short-form PD-C

LOCATION:   13504 Crystal Valley Road

DEVELOPER: 

John Frahm

c/o Roberts Law Firm

20 Rahling Circle

Little Rock, AR 72223

ENGINEER:

Brooks Surveying Company

20820 Arch Street Pike

Hensley, AR 72065 

AREA:  1.24 acres    NUMBER OF LOTS:   1     FT. NEW STREET: 0

CURRENT ZONING:  R-2, Single-family

ALLOWED USES:  Single-family residential

PROPOSED ZONING:   PD-C

PROPOSED USE:  Automobile Repair

VARIANCES/WAIVERS REQUESTED:  A three year deferral of the paving requirement for the existing parking and drive.

A. PROPOSAL/REQUEST:

The applicant proposes to rezone the site located at 13504 Crystal Valley Road from R-2, Single-family to PD-C to allow the owner to operate an automobile repair business specializing in the repair of Japanese cars. The proposed hours of operation are from eight am to five pm, Monday through Friday. The applicant has indicated there will not be any additional employees of the company.

 

 

The proposed site plan indicates a single sign to be located on Crystal Valley Road. The proposed sign consists of signage six feet in height and 24 square feet in area. The applicant is requesting a three-year deferral of paving requirement for the existing parking area and drive. The site plan also includes the placement of a wood fence along the southern property line with the remainder of the site screened by existing evergreen foliage, which is a minimum of six feet in height.

 

The site is located outside the City Limits but within the City’s Extraterritorial Planning Jurisdiction.

 

B. EXISTING CONDITIONS:

The site contains an existing metal building with two additional out buildings currently being used as storage. The driveway from Crystal Valley Road is a very narrow gravel drive. There is a gravel circular drive in front of the proposed shop building.

 

To the south of the site are single-family homes located on large lots. Further to the south of the site are two subdivisions with lots sizes averaging 10,000 square feet. Crystal Valley Road is a two lane roadway with open ditches for drainage. To the west of the site is a vacant tract recently reviewed and approved by the Commission for a single-family subdivision.

 

C. NEIGHBORHOOD COMMENTS:

As of this writing, Staff has received several informational phone calls from area residents some indicating support and some indicating opposition. The Crystal Valley Property Owners Association, Southwest Little Rock United for Progress, all property owners within 200 feet of the site and all residents, who could be identified, within 300 feet of the site were notified of the Public Hearing.

 

D. ENGINEERING COMMENTS:

Public Works:

 

1. No comments regarding change in use for existing building.

 

E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING:

Wastewater: Outside the service boundary. Contact the Pulaski County Sanitarian for approval of the proposed septic system.

 

Entergy: Approved as submitted.

 

Center-Point Energy: No comment received.

 

SBC: No comment received.

 

 

Central Arkansas Water: On site fire protection will be required. 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 (CAW) 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 CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact Carroll Keatts at 992-2431 if you would like to discuss backflow prevention requirements for this project. Contact Central Arkansas Water at 992-2438 for additional information.

 

Fire Department: If gates are installed on the drives a minimum of a 20-foot gate opening must be maintained. Place fire hydrants per code. Contact the Little Rock Fire Department at 918-3700 for additional information.

 

County Planning:

 

1. Show owner of record of adjoining properties.

2. A 40-foot setback is required along property lines that adjoin residential properties.

3. All plats must meet state minimum standards. Provide ties to land corners.

4. If a driveway culvert is needed the pipe a design must be reviewed and permitted by the county.

5. Provide a clearing permit from ADEQ

6. Provide information concerning the indicated easement more specifically to whom and from whom is the easement granted.

 

CATA: No comment received.

 

F. ISSUES/TECHNICAL/DESIGN:

Planning Division: This request is located in the Crystal Valley Planning District. The Land Use Plan shows single Family for this property. The applicant has applied for a PCD for an automotive use.

 

A land use plan amendment for a change to Commercial is a separate item on this agenda (Item No. 18 – File No. LU04-17-01).

 

Master Street Plan: Crystal Valley Road is shown as a collector on the Master Street Plan and may require dedication of right-of-way and street improvements.

 

City Recognized Neighborhood Action Plan: The applicant’s property lies in the area covered by the Otter Creek Neighborhood Action Plan. The Office And Commercial Development Goal has two objectives listed relevant to this case: 1) Adhering to the Land Use Plan… Amendments should be made vary rarely, only with neighborhood input, and only when it can be clearly demonstrated that the amendment will enhance the quality of life in the area and 2) Limiting commercial and office development in the "heart" of our planning area to that which primarily serves the neighborhood (C-1 uses) while attracting enough business from other areas to be profitable. We define the heart of our area as roughly located between Crystal Valley Road and Otter Creek Road along Stagecoach Road and being largely residential. Support other more intense uses to locate on the peripheral of our study area where interstate traffic will support their larger markets.

 

Landscape: A 6-foot high opaque screening fence, either a wooden fence with its face side directed outward, a wall or dense evergreen plantings, is required around the perimeter of this site.

 

If a parking area is to be developed, it will need to be landscaped in compliance with ordinance requirements.

 

G. SUBDIVISION COMMITTEE COMMENT:       (June 24, 2004)

The applicant was present representing the request. Staff stated the applicant currently lived on the site and was repairing automobiles as a hobby for family and friends. Staff stated the applicant intended to expand to a full time business and was requesting a rezoning to allow the activity to take place on the site. Staff questioned if the land area was once a part of the property to the south. Mr. Frahm stated this was the case and his father had separated the tracts several years prior. Staff stated they would need deed documents indicating the subdivision had taken place at least ten years prior to avoid a subdivision application request in addition to the rezoning. Staff also requested additional information concerning the dumpster location, details of any proposed signage and areas of outdoor storage.

 

Landscaping comments were addressed. Staff noted if a parking area was added, landscaping would be required in compliance with the ordinance requirements. Staff also stated screening would be required around the perimeter of the site. Mr. Frahm stated there were evergreen shrubs and dense underbrush currently existing. Staff stated if in fact the shrubs were evergreen this could count as the required screening.

 

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 the additional requested information to staff from the June 24, 2004, Subdivision Committee meeting. The applicant has furnished staff with a deed document dated prior to 1994 indicating the lot was split from a property to the south and the current pipe stem lot was created. The applicant has also indicated no new drives will be added to the site and all buildings exist.

 

The applicant has also indicated there will not be a dumpster located on the site and no areas of outdoor storage of inventory and parts is proposed with the new use. The applicant has also indicated there will be a single sign located on Crystal Valley Road on the applicant’s property. The sign will be a maximum of six feet in height and twenty-four square feet in area.

 

Staff is supportive of the proposed request. The site is located outside the City Limits but within the City’s Extraterritorial Planning Jurisdiction. The applicant proposes to rezone the site from R-2, Single-family to PD-C to allow the owner to operate an automobile repair business specializing in the repair of Japanese cars. The proposed hours of operation are from eight am to five pm, Monday through Friday. The applicant has indicated there will not be any additional employees of the company. Staff is supportive of the request to allow this single use and for the applicant to utilize the site. Staff would recommend this use not be transferable and should someone other than the owner desire to use the site for an automobile repair business, the prospective user submit a revision to the plan to allow the business to continue.

 

The site plan also includes the placement of a wood fence along the southern property line with the remainder of the site screened by existing evergreen foliage, which is a minimum of six feet in height. Staff recommends approval of the proposed screening.

 

The applicant is requesting a three-year deferral of paving requirement for the existing parking area and drive. Staff is supportive of this request. The drives exist and staff does not feel the deferral of the required paving will have any adverse impact on adjoining properties.

 

I. STAFF RECOMMENDATION: 

Staff recommends approval of the request subject to compliance with the conditions outlined in paragraphs D, E and F of the above report.

 

Staff would recommend this use not be transferable and should someone other than the owner desire to use the site for an automobile repair business the prospective user submit a revision to the PD-C to allow the business to continue.

 

Staff recommends approval of the applicant’s requested three year deferral of the hard surface paving requirement of the existing drives and parking.

PLANNING COMMISSION ACTION: (JULY 15, 2004)

The applicant was present representing the request. There were registered objectors present. Staff presented the item with a recommendation of approval. Staff stated the development was somewhat preexisting and there would not be any new construction. Staff stated the applicant had used the site in the past to repair vehicles as a hobby but was now requesting to be allowed to operate a business on the site.

Mr. Frank Vorster addressed the Commission in opposition of the proposed request. He stated the site had 30 to 40 cars a day entering and leaving the site and with a business the number of cars would only increase. He stated the site did not have access to Crystal Valley Road. He stated the applicant was utilizing a driveway to the west of his property as access. Mr. Vorster stated there were also issues with the racing of motors from the site.

Mr. Olie Rooker addressed the Commission in opposition of the proposed request. He stated to allow the development into a residential neighborhood would be like "dropping a dead fly into the middle of a lemon meringue pie". He stated with higher density of use crime typically followed. He requested the Commission not "throw the fly in the middle of their neighborhood". He stated the neighborhood did not want businesses in their area. He stated by allowing the commercial element into the area would be allowing "the camel to stick his nose under the tent". He stated there was not a logical reason to allow the commercial establishment into the neighborhood.

Mr. Rodman Ritchie addressed the Commission in opposition of the proposed request. He stated adjacent to the site 30 new homes were proposed. He stated currently the applicant was repairing racecars and the noise was tremendous. He stated most of the residents in the area did not complain unless the noise became too excessive. He stated the proposed use of the site would create a problem for the neighborhood with the increased traffic and the noise from a commercial establishment.

Ms. Annette Richard addressed the Commission in opposition of the proposed request. She stated the development was not a fit for the neighborhood. She stated the area was primarily residential and a commercial establishment was not a fit to the single-family neighborhood.

Mr. John Frahm addressed the Commission on behalf of his request. He stated he did have a racecar on the site and he started the car once a week to pull the car on the trailer. He stated he did not repair the car on site. He stated the access easement was recorded on the survey for his property. He stated he was not living on the site any longer but did live in the area approximately two miles away.

The Commission questioned the number of vehicles that would be on the site.
Mr. Frahm stated he had three cars and he would limit intake of cars to three cars. He stated the site contained a garage with two bays, one of which he used to store his racecar.

There was a general discussion concerning the placement of commercial in the middle of the neighborhood. Commissioner Floyd stated there was a sheet metal shop located very close to the site and there were other commercial business located near the site.

Mr. Rooker stated the sheet metal shop was no longer in operation. He stated to place commercial zoning on the map would allow others false hope that commercial was an appropriate use for the area.

The Commission questioned Mr. Frahm about the need for a sign. Mr. Frahm stated he did not need a sign to identify his business and he was willing to remove signage from his request.

Commissioner Meyer stated that by rezoning areas for commercial uses more specifically this type use made it more difficult to market areas which were zoned appropriately in depressed areas of town such as Asher Avenue, Geyer Springs Road and Colonel Glenn Road.

A motion was made to approve the request as amended. The motion failed by a vote of 5 ayes, 6 noes and 0 absent.