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HomeMy WebLinkAboutpc_03 07 2013sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD MARCH 7, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being ten (10) members present. II. Members Present: Tom Brock Alan Bubbus William Changose Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Open Position City Attorney: Debra Weldon III. Approval of the Minutes of the March 7, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA MARCH 7, 2013 OLD BUSINESS: Item Number: File Number: Title: A. Z-8834 Mapco Express Short-form PCD and Alley Abandonment for a North/South Alley, the South ½ of Block 141 Original City, located North of 3rd Street between State and Izard Streets. B. Z-3689-K Lisa Academy Zoning Site Plan Review, located at 21 & 23 Corporate Hill. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1428-F Woodview Addition Preliminary Plat, located North of David O Dodd Road and East of I-430. II. SITE PLAN REVIEW: Item Number: File Number: Title: 2. S-1680-B Knollwood Mobile Home Park Subdivision Site Plan Review, located North of I-30, East of Alexander Road and South of HWY 5. 3. Z-8842 CARTI Zoning Site Plan Review, located on Riley Drive at John Barrow Road. Agenda, Page Two III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 4. Z-1716-G Pleasant Ridge North Short-form PCD, located at 11300 Cantrell Road. 5. Z-7351-F Mapco Express Stagecoach Road Short-form PCD and Easement Abandonment, located at 8101 Stagecoach Road. 6. Z-4745-B Shackleford Kanis Revised Short-form PD-C, located on the southeast corner of Kanis and Shackleford Roads. IV. OTHER ITEMS: Item Number: File Number: Title: 7. LA-0049 The Ranch, Chenonceau Boulevard Advance Grading Request, located on Chenonceau Boulevard, North of Cantrell Road. March 7, 2013 ITEM NO.: A FILE NO.: Z-8834 NAME: Mapco Express Short-form PCD and Alley Abandonment for a North/South Alley, the South ½ of Block 141 Original City LOCATION: Located North of 3rd Street between State and Izard Streets DEVELOPER: NTI Investments LLC 7102 Commerce Way Brentwood, TN 37027 ENGINEER: Barge, Waggoner, Sumner and Cannon, Inc. Jay Fulmer, PE 211 Commerce Street, Suite 600 Nashville, TN 37201 SURVEYOR: Global Surveying 6511 Heilman Court North Little Rock, AR 72118 AREA: 1.224 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Various uses including residential, office, retail and industrial PROPOSED ZONING: PCD PROPOSED USE: Convenience store with gas pumps VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is seeking a rezoning of this site from UU, Urban Use District to PCD to allow the redevelopment of this site with a convenience store with gas pumps. In addition the applicant is requesting a right of way abandonment for a March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 2 north/south alley located within the proposed development area. The project will include a 4,780 square foot convenience mart and a canopy covering over eight (8) fueling islands. In addition, there will be an outdoor patio, approximately 600 square feet, for outdoor dining, as the convenience mart includes a restaurant as well as other food sales. The proposed alley abandonment includes the south half of a 20-foot alley located in Block 141, Original City of Little Rock. The abandonment is 20-feet by 168.91-feet and contains 3,389 square feet. Easements will be retained within the abandonment area. B. EXISTING CONDITIONS: The property is one-half block located north of 3rd Street, between Izard and Chester Streets. The site is currently paved with a landscaped strip located within the western portion of the site. Within this area there is a large trunk diameter tree. The perimeters contain a number of street trees. There are a number of uses located in this area including office, residential and commercial uses. North of the site is an financial advisor’s office located within a converted single-family home. Further north is a vacant commercial building located on the corner of West 2nd and Chester Streets. There are other office uses located north of the site along West 2nd Street and south of the site along West 3rd Street. Along the northwestern boundary is a vacant building previously used as an engineering office. East of the site are office uses including a three story office building which was recently used as a testing center. West of the site are residential uses. 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 and the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 3rd 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. A 20 foot radial dedication of right-of-way is required at the intersection of State Street and West 3rd Street. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 3 3. A 20 foot radial dedication of right-of-way is required at the intersection of W 3rd Street and Izard Street. 4. With the alley abandonment request, access is shown to be removed by a retaining wall, curb, and gutter on the south end of the alley. Access should be provided. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The width of the sidewalk should be increased to six (6) feet adjacent to West 3rd Street. 7. Handicap ramps located at the Izard Street/3rd Street and the State Street/3rd Street intersections should be constructed as Type 2 ramps per Public Works detail PW-50. 8. Due to obstruction of site distance caused by vehicles making left turns with 3 lane driveways, all driveway widths should be reduced to 2 lanes and a maximum 27 feet. 9. Easements should be provided for all utilities located within the proposed alley abandonment. 10. 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). 11. Stormwater detention ordinance applies to this property. 12. 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. 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. Remove all old curb cuts not used. 15. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 16. Per City intersection sight distance requirements, the sign located at State Street/3rd Street intersection is within the 50 foot sight distance triangle and should be removed north out of the triangle. 17. Per City intersection sight distance requirements, the closest trees to be located near the State Street/3rd Street intersection and near the Izard Street/3rd Street intersection and within the 50 foot sight distance triangle should be relocated to the back of the sidewalk. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 4 18. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. These improvements include street trees, irrigation systems, and any other private improvements. 19. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Easement must be retained on alley abandonment. Existing sewer main in alley right of way. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Central Arkansas Water retains easement rights within the alley as shown on the site plan for abandonment. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 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. 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. Contact Central Arkansas Water regarding the size and location of the water meter. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the Developer. Due to the nature of the facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) 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 RPZ assembly, successful test 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 (10) days of installation and annually thereafter. Contact the Cross Connection Section at 377-1226 if you would like March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 5 to discuss backflow prevention requirements for this project. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is located on CATA Bus Routes #1, the Pulaski Heights Route and #8, the Rodney Parham Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric cresting a 24-hour activity area. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to allow for development of a convenience store with gas pumps on this site. Master Street Plan: 3rd Street is Principal Arterial, State Street is a Collector and Izard Street is a Local Street on the Master Street Plans. 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 3rd Street. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. The primary function of a Local Street 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. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class II Bike Lane is shown along 3rd Street. Bike Lanes provide a portion of the pavement for the sole use of bicycles. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 6 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. This site is located within the Urban Use (UU) area; therefore, street trees are required. 3. The zoning buffer ordinance requires a nine foot (9’) wide street buffer along the southern perimeter of the site. This site is located within the designated mature area of the City; therefore, this amount can be reduced to six foot nine inches (6’-9”). Currently, this proposal does not meet this minimal ordinance requirement. 4. The zoning buffer ordinance requires an average eighteen foot (18’) wide street buffer along the eastern and western perimeters of the site and is in no case to be less than half. The site plan appears to be meeting this minimal ordinance requirement. 5. The landscape ordinance requires a nine foot (9’) wide perimeter landscape strip around the sites entirety. This proposal does not meet this minimal ordinance requirement; therefore, a variance must be obtained from the City Beautiful Commission prior to the issuance of a building permit. This amount can also be reduced to six foot nine inches (6’-9”). 6. It appears a few of the non-handicap spaces are drawn larger in width than needed. Some of these can be reduced to nine foot (9’) in width allowing for additional green space along the street. 7. The dumpster enclosure area appears to be deep; can it be brought closer to the driveway; reducing the amount of impermeable coverage. 8. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. Interior islands are to be evenly distributed throughout the property. 9. A small amount of building landscaping will be required. 10. Is the Pecan tree shown to be saved in conjunction with this project? If so, credit can be given towards meeting the landscape ordinance. 11. An automatic irrigation system to water landscaped areas will be required. 12. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 7 13. 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: (January 3, 2013) Mr. Jay Fulmer was present representing the request. Staff presented the item stating the property was located within the UU, Urban Use Zoning District which allowed various types of uses as long as the uses were located indoors. Staff stated the proposed convenience store did not meet the indoor aspect of the criteria and based on the number of variations from the development criteria the applicant was seeking to rezone the property to PCD. Staff requested Mr. Fulmer provide details for the development as related to the typical standards of the UU, Urban Use Zoning District. Public Works comments were addressed. Staff stated dedication of right of way and radial dedications were required along the abutting streets to comply with the City’s Master Street Plan. Staff stated access to the alley was to be maintained from the north since the entire block of the alley was not being abandoned. Staff stated due to obstruction of site distance caused by vehicles making left turns with three (3) lane driveways, the driveway width on West 3rd Street was to be reduced to two (2) lanes and a maximum of 27-feet in width. Staff stated all old curb cuts not being used were to be removed. Landscaping comments were addressed. Staff stated the perimeter landscape strip around the sites entirety was to be a minimum of six feet nine inches (6’9”). Staff stated the street buffer required along the eastern and western perimeters was to be a minimum of 18-feet and in no case less than one-half. Staff stated a minimum of eight percent (8%) of the paved areas was to be landscaped with interior landscape islands. Staff stated prior to the issuance of a building permit a landscape plan, stamped with the seal of a registered landscape architect would be required. 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. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 8 H. ANALYSIS: The applicant submitted a revised cover letter and site plan to staff addressing a number of the issues raised at the January 3, 2013, Subdivision Committee meeting. The site contains 1.224 acres and is currently a commercial parking lot. The applicant is requesting a rezoning from UU, Urban Use District to Planned Commercial Development, PCD to allow the redevelopment of this site with a convenience store with restaurant and petroleum sales. The development includes a variance from the buffer and landscape ordinances to allow the landscape strip along West 3rd Street to be reduced to three (3) feet, east of the proposed driveway and to four feet six inches (4’6”) along a portion of the northern perimeter. The landscape ordinance requires a nine foot (9’) wide perimeter landscape strip around the sites entirety. This amount can be reduced to six feet nine inches (6’-9”) because the site is located within the Designated Mature Area of the City. The applicant is seeking a variance request from the City Beautiful Commission for the proposed reduction in the landscape strip as relates to the Landscape Ordinance requirements. The UU, Urban Use Zoning District has specific development criteria related to street trees and sidewalk placement. The applicant has worked with the City’s Traffic Engineer concerning the placement of the proposed street trees to limit visual impacts of the trees on the motoring public. Staff feels the tree locations on the plan best maintain sight distances for this area. The following outlines the specific UU, Urban Use District criteria and the applicant’s proposal: a. Lighting – any lighting is to be placed so as to reflect away from adjacent residential structures. Fixtures adjacent to roadways shall be of a design that minimizes glare to the motoring public. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance, which substantially exceeds that general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. The applicant has indicated all lighting will be installed to minimize impacts on the adjacent properties. A photometric plan can be provided to show the proposed lighting levels of less than a foot-candle at the property line. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance, which substantially exceeds that general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 9 b. All ground mounted mechanical systems and trash receptacles and pickup shall be oriented away from a primary street side of the property and screened from the public right of way. Ground mounted mechanical systems and trash receptacles shall be placed adjacent to alleys if alleys are available. The trash receptacles will be located along Izard Street. The receptacles will be screened per the typical ordinance requirements. The mechanical equipment will be screened as to not be visible from the abutting streets. c. No new drive-in or drive-through facilities may be visible or take direct access from a primary street. Not applicable. d. Façade materials may be any standard material, except corrugated or ribbed materials. The materials proposed will be consistent with the typical DOD standards. e. All vehicular use areas are to be landscaped in compliance with Chapter 15, the City Landscape Ordinance. The plan includes a variance from this requirement. The applicant has applied with the City Beautiful Commission’s February meeting date to seek the required variance. The plan falls below the minimum required landscape strip along a portion of the northern and southern perimeters. f. Street trees a minimum of three inch caliper are required. The trees are to be located a minimum of two feet off the back of a curb and be placed 30 feet on center and no closer than 30 feet to a street intersection with a water source provided. The tree canopy is to be maintained at least 8 feet above the sidewalk. The development will comply with this standard. g. Sidewalks are to be a minimum of five foot concrete walk, excluding the first two feet from the curb. Sidewalks are to provide a minimum seven foot horizontal clearance at a height of four feet from the ground. The development will comply with this standard. h. Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line. The façade along Izard Street does not meet this requirement, no customer entrance. i. The ground-level (street fronting) floor of nonresidential structures shall have a minimum surface area of sixty (60) percent transparent or window display. The 3rd Street and Izard Street sides do not meet this requirement. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 10 j. Projections (all requirements for a franchise remain in place). i. Objects shall not project from the building facade over the public right-of-way except for awnings, balconies and signs as specified in Section 36-553. Not applicable. ii. Awnings shall not project more than five (5) feet from the building facade and have a minimum clearance of eight (8) feet above the sidewalk. Not applicable. iii. Balconies over the public right-of-way shall have a minimum clearance of nine (9) feet above the sidewalk. The maximum projection shall be four (4) feet. Not applicable. k. Parking requirements. No off-street parking shall be required. l. Parking lots. Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street. Parking is located within the front of the building. m. [Screening.] An opaque screening wall no less than three (3) feet in height shall be placed on the exterior perimeter of the first floor of the street frontage of all parking structures not otherwise required to have active uses or building facade construction as noted in subsection a. above. The screening wall shall extend above the finished floor of the first floor of the parking structure so as to screen vehicles in the parking structure. Not applicable. n. Signs – signage is allowed as in office and institutional zones or a maximum of six feet in height and 64 square feet in area. The signage plan will comply with the typical standards of the UU Zoning District. o. Permitted uses. Unless otherwise indicated, uses permitted shall include all those allowed in the residential districts, office districts and commercial districts as "permitted uses" in this chapter. All uses must be inside or enclosed except areas of outdoor dining. Outdoor aspect of the development/fueling center. p. Area regulations. Front yard. No setback is required except as noted below. (In no case may a structure be built in the right-of-way.) i. Along Capitol Avenue, west of Broadway Street and east of Scott Street, the front building line shall be twenty-five (25) feet. Along Chester Street from I-630 to La Harpe Boulevard, the front building line shall be ten (10) feet. Not applicable. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 11 ii. In no case is the storage or parking of vehicles allowed in the front setback. Not applicable. iii. Rear yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the rear yard shall have a setback of not less than twenty-five (25) feet. Not applicable. iv. Side yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the side yards shall have a setback of not less than four (4) feet. Not applicable. Staff is not supportive of the requested rezoning. Staff does not feel this is an appropriate location for this type use. Staff feels the redevelopment of this ½ block as proposed will significantly impact redevelopment of other properties within this area. Primarily new construction and renovations within this area have been limited to office type uses. Immediately to the west of this site are residential units and ½ block to the south are also residential units. Staff feels the 24-hour activity of a convenience store will adversely impact the quality of lives of the residents within these units. Although the UU, Urban Use Zoning District allows for a variety of uses staff does not feel this site is best suited for this use. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JANUARY 24, 2013) The applicant was present. There were registered objectors present. Vice Chair Fountain stated the applicant had requested a deferral of this item to the March 7, 2013, public hearing. He stated the deferral request was not made within the typical time frame established by the Commission’s By-laws with regard to deferral request. He requested the applicant come forward. Mr. Bill Spivey addressed the Commission on the deferral request. He stated his client was unaware of the magnitude of opposition to the request. He stated once the objections were noted to his client the request for deferral was made. He stated a number of the comment letters were sent to staff over the weekend and the first of this March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 12 week. He stated based on the receipt of the comments and the City offices being closed on Monday for the observation of Martin Luther King, Jr. Day the deferral request was made on Tuesday, the first date available to make the request. Mr. David Wood addressed the Commission in opposition of the deferral request. He stated the opposition had spent a great deal of time preparing for the meeting. He stated the notices were mailed within the time frame required by the Commission’s By-laws but were mailed from Tennessee. He stated the property owners in the area had gone to a great effort to get the opposition to come out for this meeting. He requested the Commission deny the request for deferral. Ms. Evin Cassinelli addressed the Commission in opposition of the request. She stated the property owners had spent a great deal of time and rearranged schedules to be present at the meeting. She stated there were a number of property owners which would have a conflict with the March 7, 2013, hearing date. She stated she did not think the application would change enough to gain support. She stated she would like to Commission to hear the request at this meeting. Mr. Pat James addressed the Commission in opposition of the deferral request. He stated the opposition was present and ready to move forward. Mr. Brent Baber addressed the Commission in opposition of the deferral request. He stated the five day rule was put in place to establish fairness for the citizens. He stated he understood there was a way for the Commission to waive the five day rule under circumstances which warranted the deferral. Staff stated fairness was also to apply to the applicant as well as the citizens. Staff stated the reason for the public review process was to give due process. Staff stated they had told a number of interested persons the applicant was requesting a deferral and based on this comment there may have been some who wanted to address the Commission who did not come down. There was a general discussion by the Commission concerning their practice on allowing deferrals. Commissioner Nunnley questioned if those present could address the Commission. The Deputy City Attorney stated this was not a good idea since at the March meeting there could be a new Commissioner who would not have had the benefit of all the citizen input. Mr. Spivey addressed the Commission stating he fully appreciated the opposition to the deferral request but he and his client were unaware of the number of persons opposed to the request since a number of the letters were received over the weekend and the past few days. He stated his desire was to work with the citizens and minimize their concerns. He stated he desired for this client to be treated fairly as well as the citizenry of Little Rock. March 7, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8834 13 There was no further discussion of the item. The Chair entertained a motion for a waiver of the By-laws and the deferral of the item to the March 7, 2013, public hearing. The motion carried by a vote of 9 ayes, 0 noes, 0 absent, 1 recusal (Chairman Bill Rector) and 1 open position. STAFF UPDATE: The applicant submitted a written request dated February 20, 2013, requesting withdrawal of this item without prejudice. Staff is supportive of the withdrawal request. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a written request dated February 20, 2013, requesting withdrawal of this item without prejudice. Staff stated they were supportive of the withdrawal request. 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 10 ayes, 0 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: B FILE NO.: Z-3689-K NAME: LISA Academy Zoning Site Plan Review LOCATION: Located at 21 & 23 Corporate Hill DEVELOPER: LISA Academy 21 Corporate Hill Drive Little Rock, AR SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 2.30 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.05 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On June 22, 2006, the Little Rock Planning Commission approved a Zoning Site Plan review request to allow the placement of a modular building on the site located to the east to serve as additional classroom space for LISA Academy. At the time of approval the anticipated school enrollment for the 2006 – 2007 school year was 375 students. With the approval staff presented a recommendation the modular building be removed by July 19, 2009, to coincide with the required removal of portable classrooms per Section 36-203(g). The portable classroom building was not removed. Section 36-203(g) was subsequently amended to allow portable classroom buildings through July 19, 2014. March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 2 On January 27, 2011, the Little Rock Planning Commission approved a Zoning Site Plan Review for this site to allow LISA Academy to expand with construction of a new building located on a lot immediately west of the existing school campus. The school was proposed to house 20 classrooms, a computer lab and a science lab. The building was proposed containing 36,215 square feet. The maximum building height approved was 40-feet. The existing school would remain. The portable classroom building located on the current school campus site would be removed. The school had 473 students in Grades 6 – 12. The school indicated there would be a maximum enrollment of 600 students. There are 41-faculty members serving the school. With the addition of students a maximum of 46-faculty persons were proposed. The school indicated their hours of operation were from 7:50 am to 3:00 pm daily. An existing access easement located on the adjacent lot to the west would serve as ingress and egress to the new building. The pick-up and drop-off would occur in the rear of the building for the high school students. Pick-up and drop-off for the middle school students would take place on the front of the site. On March 10, 2011, the Little Rock Planning Commission approved a request to allow an increase the height for the previously approved building. The approval allowed the building height to be increased from 45-feet to 70-feet in height. The building was proposed with three levels above a finished basement. The building has been constructed and is being used by LISA Academy. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The Zoning Site Plan Review approved on January 27, 2011, allowed the use of the site as a school with a maximum enrollment of 600 students. The maximum number of students was based on a traffic study prepared by Peters and Associates outlining traffic flows and drop-off and pick-up schedules and locations to minimize the impact of the school traffic on the abutting City streets. On April 9, 1012, the Arkansas State Board of Education allowed an increase in the cap of students from 600 to 800. Starting with the fall schedule the school increased the number of students from 600 to 800 without seeking approval from the Commission for a revision to the previously approved application. The request before the Commission is a review of the revised traffic study and analysis to determine the impact of the additional students on the area. March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 3 B. EXISTING CONDITIONS: The site is developed with two (2) buildings housing LISA Academy. This area is an office park development. South of the site is floodway Rock Creek. The Corporate Hill Subdivision has developed with office users with the buildings developed with shared access easements and shared parking lots. Most of the buildings in the area appear to be occupied but a few are vacant. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents and businesses. All property owners located within 200-feet of the site and the Treasure Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Provide traffic study to staff for review. E. SUBDIVISION COMMITTEE COMMENT: (November 15, 2012) The applicant was present. Staff presented an overview of the request stating the review was to add additional students to the allowed enrollment of the school. Staff stated the previous approval limited the number of students to 600 students. Staff stated the current request was to allow 800 students. Staff stated the review was based on a traffic study which was being prepared by their traffic engineer. Staff stated the City’s Traffic Engineer would review the findings and provide an analysis and recommendation. Representatives from the school stated modifications from the study were being implemented. Ms. Luanne Baroni stated with the implementation of the suggestions by the traffic engineer traffic was flowing at a better pace and there was little to no stacking onto the abutting City streets. Staff stated they would make a site visit to review the progress of the changes. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 4 F. ANALYSIS/TRAFFIC IMPACT ANALYSIS: LISA Academy has contacted with Peters and Associates Engineers to prepare an updated traffic study for the school. The original traffic study was dated January 10, 2011, and was prepared based on a proposed expansion in the enrollment of the school. The school expected an increase in the number of students from 473 to 600 students. The site plan included an additional point of access via Executive Court for entering site traffic and drives for on-site queuing of vehicles during AM drop-off and PM pick-up periods. Once the 2011 school expansion was completed, vehicle traffic operations associated with the increase in enrollment was found to be adequate. Since that time the student enrollment has been increased to 800 students. The updated traffic study report includes the existing and proposed re-distributed traffic operational analysis accommodating traffic occurring in relation to the expanded student enrollment. There has been no change to the school buildings, driveways, parking or school access points. The current enrollment is 790 students in grades 6 thru 12. Entering school-generated vehicles currently access the site via Executive Court and via Corporate Hill Drive. All exiting school-generated vehicles currently egress the site via Corporate Hill Drive. The original traffic study for LISA Academy was based on a maximum enrollment of 600 students. However, the enrollment was authorized by the Arkansas State Board of Education to be increased to a maximum of 800 students. Current enrollment is approximately 790 students in grades 6 thru 12. This increase in enrollment has created traffic operational issues during the school PM peak hour. On-site observations by Peters and Associates indicate there did not appear to be any adjustment in traffic operations based on the new enrollment. The primary focus of the updated traffic report was to assess existing traffic operations and make recommendations to adequately serve access to the site to minimize queuing on the adjacent streets that currently serve the site; Corporate Hill Drive and Executive Court. The Fall 2012 semester enrollment is 219 students in 6th grade and 186 students in 7th grade for a total middle school enrollment of 405 students. The high school enrollment is 385 students with 147 students in 8th grade and 238 students in 9th thru 12th grades. 6th and 7th grades are located in the middle school building and grades 8 thru 12th are located in the high school building. All entering school generated vehicles access the site via Executive Court and via Corporate Hill Drive. All exiting school generated vehicles egress the site via Corporate Hill Drive. Before the recommended operational adjustments were implemented March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 5 vehicles picking-up 7th and 8th grades were requested to access the site via Corporate Hill Drive. All others were requested to access the site via Executive Court. Wednesday school dismissal PM peak hour is the worst-case condition because it is the only day of the week that there are no after school programs. Therefore, this is the day of the week that was observed as a part of the study. Vehicle traffic counts were made during the school dismissal PM peak hour. School dismissal PM peak hour is from 2:45 to 3:45 PM with the majority of traffic occurring between 2:45 and 3:15 PM. The existing school dismissal PM peak hour site-generated traffic counts at LISA Academy before the recommended operational adjustment were made entering and exiting traffic volumes were the Executive Court access 141 entering and the Corporate Hill Drive access 187 entering and 348 exiting. Because of the traffic operational issues associated with the vehicles queuing on Corporate Hill Drive, evaluations of school access during the school dismissal PM peak hour were made and recommendations were discussed with representatives from the City of Little Rock Traffic Engineering Division. The following are recommended operational adjustments resulting from the study: • It is recommended that student pick-up during school dismissal PM peak hour be via Executive Court for the middle school and via Corporate Hill for the high school. Exception to this pattern could be permitted for special needs pick-up and drop-off and for teachers and staff accessing existing parking areas, which could access via Corporate Hill Drive or Executive Court. • It is recommended that all departing vehicles continue to utilize Corporate Hill Drive. • It is recommended that the middle school dismissal time be changed to a minimum of four minutes earlier on Wednesday during the school dismissal PM peak hours. This would allow 19 minutes between middle school and high school dismissal times thereby allowing enough time for the majority of the middle school vehicles to exit the area before the majority of the vehicles associated with the high school finish arriving. With the 19 minute separation in dismissal times, the approximate 1,700 linear feet of vehicle storage within the school access drive connection from Executive Court is able to accommodate almost all of the vehicles during the school dismissal PM peak hours. Furthermore, the queued vehicles on Corporate Hill Drive were observed to be reduced March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 6 from approximately 2,200 linear feet to an acceptable distance of 1,800 linear feet or less during the worst-case Wednesday dismissal PM peak hours without interfering with the intersection operation at West Markham Street and Corporate Hill Drive. • To assure safe and orderly pick-up and discharge of students within the site, it is recommended that operations facilitators continue to work the pick-up and drop-off areas to direct and assist parents with student movements to/from vehicles to/from designated school access doors and to assist with orderly boarding and departure of vehicles. After adjustments were made the school dismissal PM peak hour site-generated entering and exiting traffic volumes are the Executive Court access entering 156 and the Corporate Hill Drive access entering 147 and exiting 328. PM peak hour for the Executive Court access was 2:35 – 3:35 PM with the majority of traffic occurring between 2:35 and 3:10 PM. PM peak hour for the Corporate Hill Drive access was 2:45 – 3:45 PM with the majority of traffic occurring between 3:00 and 3:25 PM. The implemented operational adjustments during the school dismissal PM peak hour have been implemented by LISA Academy. Vehicle counts and queuing observations associated with LISA Academy during the school PM peak hour were made Wednesday, November 7, 2012, after the implemented operational adjustments were made. It was observed that the queuing along Corporate Hill Drive was reduced to an acceptable distance without effecting traffic on West Markham Street. It was also observed that vehicles queued for only a short time (five minutes) beyond the cul-de-sac on Executive Court. Traffic operations were also observed on a non-Wednesday weekday and it was observed that vehicles did not queue beyond the cul-de-sac on Executive Court nor beyond the curve to the northeast of the campus on Corporate Hill Drive. Staff made a site visit on Wednesday November 28, 2012, to view the modifications and the flow of traffic on and around the site. On Executive Court there were 14 vehicles stacked beyond the applicant’s property. On Corporate Hill Drive there were cars stacked on both sides of the street limiting the travel lane to one. Staff does not feel the modifications implemented are satisfactory. The applicant’s traffic engineer has indicated they will continue to work with LISA Academy and provide additional modifications to the traffic and stacking to limit the impact on the abutting City streets. G. STAFF RECOMMENDATION: Staff recommends denial of the current application request. March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 7 PLANNING COMMISSION ACTION: (DECEMBER 13, 2012) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of deferral. Staff stated the applicant had submitted a request dated December 12, 2012, requesting deferral of the item to the January 24, 2013, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the late deferral request. Staff stated they were supportive of the deferral request. There was no further discussion of the item. The Chair entertained a motion for approval of the By-law waiver request. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. The Chair entertained a motion for approval of the item as presented by staff on the Consent Agenda. The motion carried by a vote of 8 ayes, 0 noes and 3 absent. STAFF UPDATE: The applicant and their traffic engineer have been working on solutions to the traffic concerns in the area. There is not been adequate time for staff to observe the changes implemented by the applicant. Staff recommends deferral of this item to the March 7, 2013, public hearing. PLANNING COMMISSION ACTION: (JANUARY 24, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant and their traffic engineer had been working on solutions to the traffic concerns in the area. Staff stated there had not been adequate time for staff to observe the changes implemented by the applicant. Staff presented a recommendation of deferral of this item to the March 7, 2013, public hearing. 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 10 ayes, 0 noes, 0 absent and 1 open position. STAFF UPDATE: The applicant has been working to improve the traffic flow on the site for picking up students and eliminate backing of vehicles on City streets. The school has altered their dismissal time and is using the rear of the site to pick up the high school students once March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 8 the area clears from parents picking up the middle school students. Staff will observe the site on February 27, 2013, and again on March 6, 2013, and report to the Commission their findings at the March 7, 2013, public hearing. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were registered objectors present. Staff presented the item with an update to the Commission. Staff stated they had made several site visits to the site to view traffic and the stacking of cars on City streets. Staff stated based on their visits to the site during the school dismissal time and observation of the traffic patterns utilizing the implementation of the new traffic plan, the traffic congestion, stacking, and driveway blockage had been reduced by the implementation of the new traffic plan. Staff stated for the 2013 to 2014 school year the applicant had provided a letter stating the dismissal times would be staggered by 50 minutes, which in staff’s opinion, would greatly reduce traffic congestion in the area. Staff presented a recommendation of approval of the allowance to increase the number of students based on compliance with the following conditions: 1. A stagger time of 28 to 30 minutes be maintained between middle school and high school dismissal times; 2. At times during the school year, the applicant is to notify parents and students of the school traffic plan and request compliance; 3. The applicant should continue to use the front and rear parking lots for additional vehicle stacking areas; 4. A lane of sufficient width for emergency vehicles must be maintained on Corporate Hill Drive and Executive Center Drive at all times; 5. The applicant should provide school staff to implement the traffic plan by directing traffic, loading students, and keeping driveways open both in the front of the school on Corporate Hill Drive and within the rear stacking/loading areas. Staff stated they had one additional issue or concern with the school. Staff stated they and LISA Academy had been focusing on the traffic concerns and neglected to focus on the site and landscaping requirements. Staff stated when the high school building were constructed it appeared the applicant did not complete the entire landscaping requirements. Staff stated a number of trees were cut on the site, the debris had not been removed and the recent storm had brought down a few additional trees. Staff stated the applicant had previously stated a student cut a number of trees along the western portion of the site which were diseased and dead. Staff stated the debris was March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 9 still on-site. Staff stated within the western portion of the site the soil had not been stabilized and there was significant erosion occurring. Staff stated the parking lot landscaping in the rear of the building had not been completed. Staff requested regardless of the Commission’s approval to allow the increase in the number of students that the Commission compel the applicant to present a plan to mitigate the trees which were removed and install landscaping and ground cover on the site. Staff presented a recommendation the landscaping be installed per the approved landscape plan which was prepared in conjunction with the construction of the high school, the western building, and to replace any landscaping which is missing from the site of the middle school. Mr. Randy Tolbert of Peters and Associates addressed the Commission. He stated his firm was hired by LISA to prepare an updated traffic study to address the additional traffic created by the increase in the number of students during the 2012 to 2013 school year. He stated prior to construction of the high school in 2006 his firm was hired to prepare the initial traffic study to determine what impact 600 students would have on traffic flows in the area. He stated based on the study it was determined the school site was capable of handling the traffic flows and not stack vehicles on-City streets. He stated once LISA contacted his firm concerning a revised study to review the increase in the number of students he sat down with the school to review the initial plan as well as review options for implementation of a new plan. Mr. Tolbert stated it was found they were not following the initial recommendations which were developed when the school was to have 600 students. He stated once these recommendations were implemented the stacking of vehicles off-site was greatly reduced but there was still overflow onto the City streets. He stated based on tweaking the plan, altering the dismissal times and working with parents the school had now reduced the off-site stacking to none or very few for a short time. He stated Wednesday was the largest volume of traffic for dismissal due to no after school activities and all the students being dismissed at the same time. He stated the school had added a 25 minute gap between dismissal of the middle and high schools. He stated the school was now picking only the 8th grade students from the front, Corporate Hill Drive, and using the rear of the building to pick up the middle school and the 9th through 12th grades. He stated if a high school parent arrived early, before the queue of the middle school was completed, the school made that parent circle through the site, back onto the City streets and circle back around, Corporate Hill to West Markham to Executive Court, which he felt would lessen the likelihood of a parent arriving early. Mr. Terry Moore addressed the Commission in opposition of the request. He stated he developed the Executive Court office park which contained nine (9) office buildings in 1985. He stated the area was a peaceful office park with owner and tenant based buildings. He stated the initial concern was when he looked out his office window to see a battalion of vehicles coming down Executive Court. He stated from the school to March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 10 West Markham was approximately two (2) blocks. He stated cars were stacked the entire two (2) blocks as well as onto West Markham Street. He stated Executive Court was a two lane street not developed as a through street but as a quiet cul-de-sac. He stated the school had since obtained an easement and extended their parking lot to create a through street. Mr. Moore stated on paper the traffic study looked good. He stated in reality the plan did not work. He stated the school did not follow the initial recommendations of their Traffic Engineer. He stated the area was an office park. He stated Executive Court was a narrow two lane street. He stated he presently had vacant office space, 18,000 square feet, which would be leased had the potential tenant not come by to look at the space and seen the battalion of vehicles on Corporate Hill. He stated he did not appreciate the fact the school had added 200 students without the City’s permission and questioned what would keep the school from adding additional students without the City’s permission. He stated the City Engineers and the Police Department had been out to try to direct traffic. He stated he wanted the traffic off Executive Court. Mr. Richard Worsham addressed the Commission in opposition of the request. He stated his law office was located at 320 Executive Court. He stated Executive Court was not as wide as Corporate Hill. He stated Corporate Hill was wide enough for three (3) to four (4) vehicles. He stated Executive Court would only allow two (2) cars. He stated his firm was a small firm with seven (7) employees. He stated there were times his employees could not get back to the office because of stacking of vehicles accessing the school on Executive Court. He stated in addition to the stacking, the vehicles blocked driveways, limiting access into the parking lots of the adjacent office buildings. He stated his clients could not get to his office. He stated occasionally his employees had to walk documents to the bank on West Markham Street, two (2) blocks, because the clients could not get to his office. He stated his currier service would not pick up or deliver packages between 2:45 pm and 3:30 pm because of traffic and their inability to get to has office safely. He stated cars were forced to turn on their flashers and drive in the opposing lane or sit and wait in the line until traffic moved. He stated neither was acceptable and made it difficult to run a business. He stated the school added the additional students without the City’s permission and knowledge. He stated the school did not implement the previous plan correctly. He stated he had met with the school last year when it was found the number of students had been increased. He stated the school had a plan at that time and it did not work. He stated the current plan was working with limited inconvenience but he was still concerned. He questioned traffic associated with after school activities, math and science fairs and sporting events. He stated these activities impacted traffic and the area businesses as well. March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 11 Mr. Moore stated once again the development was constructed as a quiet office park. He stated Executive Court was a two lane cul-de-sac. He stated the office park was not developed for through traffic and the school had turned the once quiet street into a through street to West Markham. Ms. Luanne Baroni addressed the Commission on behalf of LISA Academy. She stated she was the middle school principal. She stated she was not involved when the application for the high school was reviewed and approved by the Commission. She stated she agreed on the first few days of school the traffic on Executive Court and West Markham were a disaster. She stated the school immediately went to work to resolve the traffic issues in the area. She stated the school had paid to have a new traffic study and traffic plan completed. She stated the school was working diligently to implement a plan which would handle the additional capacity of students and the additional vehicles. She stated the school wanted to minimize the impact on the adjacent neighbors and property owners. She stated one afternoon per week was the problem time. She stated the am traffic occurred before the businesses in the area opened. She stated four (4) of the five (5) days the students left school at different times because of afterschool activities. She stated only on Wednesday did all the students leave at the same dismissal time. She stated the school had done as much as legally possible by altering the dismissal times between the middle and high school students. She stated there was a 28 minute gap between the dismissal time. She stated there were State requirements for the number of minutes of education time that was to provide to students. Ms. Baroni stated the gymnasium was not used for game activities. She stated the games were played at UALR. She stated the gymnasium was to small for game activity and would only hold 150 persons. She stated there were activities which took place on the site such as science and math fairs. She stated the school also held parent teacher conferences twice per year. She stated these conferences were from 4:00 pm to 7:00 pm over a two (2) day period. The Commission questioned the hours of operation on the schools web site and the hours provided to staff. Staff stated the letter provided by LISA to them were dismissal times for the 2013 – 2014 school term. Staff stated the hours listed on the web site were for the current school year. Commissioner Brock questioned the schools intent concerning the landscaping. Atnan Ekin of LISA addressed the Commission regarding the landscape plan. He stated the school had been working with the contractor to install the remaining landscaping and clear the site of debris. He stated regardless of the outcome with the contractor the school would address staffs concerns regarding landscaping within 90-days. He stated March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 12 the trees would be removed and the plantings installed as required by the approved landscape plan for the high school building construction. The Commission questioned staff of the application request and the issues outstanding. Staff stated the original request was before the Commission because the property was zoned O-2, Office and Institutional which was a zoning district which required site plan review prior to development. Staff stated when the application was submitted they had concerns with the number of students proposed (600 students) and the potential impact on the abutting streets. Staff stated the school hired a traffic engineer to prepare a traffic analysis and provide recommendations to how best to handle traffic flows and minimize impact on the area both business and City streets. Staff stated the traffic analysis prepared was based on 600 students which was the number of students LISA proposed with the new building construction. Staff stated later the State Board of Education allowed an increase the number of students from 600 to 800, the current enrollment, but there was not a new traffic analysis or plan prepared by LISA to handle the increase in the number of students and vehicles. Staff stated when the new school year started the property owners on Executive Court and Corporate Hill were calling because the streets were clogged and there were serious safety concerns by the adjacent property owners and tenants of the office buildings. Staff stated the request before the Commission was to allow an increase in the number of students from 600 to 800 based on the newly implemented traffic plan. The Commission questioned Ms. Baroni and Mr. Ekin why the number of students was increased without seeking approval from the City. Ms. Baroni stated she felt the confusion was enrollment and not building capacity. She stated the capacity of the school was much more than the enrollment. She stated there would not be an increase in the number of students for at least five (5) years. She stated the school was locked into an agreement with the State to not request an increase the number of students for at least five (5) years. The Commission questioned the opposition if commitments were made by the school that would eliminate any sporting events, limit parent teacher conferences to after business hours, limit math and science fairs to weekends, if then they would support the request. Mr. Moore stated he would not support the request. He stated the original application was filed and he took the school at their word. He stated the school presented a traffic plan, committed to 600 students and indicated they would not impact the area businesses. He stated they did not stick to their word. He stated the school had additional capacity. He questioned what would keep the school from adding additional students without seeking approval from the City or notifying the area property owners. The Commission briefly discussed options for removing the traffic from Executive Court and placing the entire pick up on Corporate Hill. The Commission also briefly discussed various other options for pick-ups. March 7, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3689-K 13 The Commission questioned Mr. Ekin what would happen if the request was denied. Mr. Ekin stated the school was in a difficult position if the request was not approved. He stated the school could not function financially without the additional students. He stated the school did not purposefully go beyond the previous approval without seeking City approval. He stated they did not know they were to seek approval prior to adding any additional student. He stated they were educators and would have sought approval from the City if they had known it was required. Mr. Andrew Collins of Cypress Properties addressed the Commission. He stated he leased property on Corporate Hill. He stated he had concerns if the Commission were to direct all the traffic to Corporate Hill. He stated the current plan worked for Corporate Hill. He did not desire for all the traffic to be directed to the front of the school for pick-up. There was no further discussion of the item. The Chair entertained a motion for approval of the item as recommended by staff including all staff recommendations and comments. The motion failed by a vote of 3 ayes, 7 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: 1 FILE NO.: S-1428-F NAME: Woodview Addition Preliminary Plat LOCATION: Located North of David O Dodd Road and East of I-430 DEVELOPER: HL Land Development c/o McGetrick Engineering 11419 Stagecoach Road, Suite 2100 Little Rock, AR 72210 ENGINEER: McGetrick Engineering 11419 Stagecoach Road, Suite 2100 Little Rock, AR 72210 AREA: 20.0 acres NUMBER OF LOTS: 84 FT. NEW STREET: 3,100 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 12 – 65th Street West CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A preliminary plat for the Water’s Edge Subdivision was approved by the Little Rock Planning Commission on April 22, 2004. The subdivision contained 51+ acres and 149 single-family lots. On July 7, 2005, the Commission approved a revision to the preliminary plat to increase the number of lots to 156 maintaining the 51+ acres. On September 29, 2005, the area was expanded to include an additional 20+ acres which is the area currently being reviewed for preliminary platting with this application. The total acreage was the 71+ acres with 227 single-family lots. Final platting progressed on the originally approved preliminary plat. Two final plats have been executed for a total of 66 lots. Development did not occur on the 20+ acres, which was added in September of 2005. A portion of that area was later rezoned to a PD-R. March 7, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1428-F 2 Ordinance No. 19,738 adopted by the Little Rock Board of Directors on April 3, 2001, rezoned 6+ acres of a 20+ acre tract located at the northeast corner of I-430 and David O Dodd Road from R-2, Single-family to PD-R. The approval allowed the development of a 36-unit condominium project. The remaining 14+ acres was not rezoned and remained zoned R-2, Single-family. A preliminary plat was also approved eliminating the multi-family portion (6 acres of the 20 acres) from the proposed subdivision. The multi-family development was not constructed and no platting activity occurred on the single-family portion of the plat. The PD-R expired. Ordinance No. 20,682 adopted by the Little Rock Board of Directors on January 22, 2013, revoked the PD-R zoning and restored the previously held R-2, Single-family Zoning District. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing the subdivision of 20+ acres into 84 lots to be served by 2,100 linear feet of public street. The subdivision will be developed in a single phase. The lots are indicated to fully comply with the minimum standards of the various City ordinances. The applicant has indicated the average lot size of 60-feet by 120-feet or 7,200 square feet in area. The lots are proposed with 25-foot front and rear yard setbacks and side yard setbacks of ten percent of the lot width not to exceed eight (8) feet. The plat indicates a 30-foot emergency access from Woodview Circle to connect with David O Dodd Road along the common lot lines of Lots 17 and 18. B. EXISTING CONDITIONS: The site is located to the west of the Water’s Edge Subdivision, a newly developing single-family subdivision. The area is predominately single-family residential with a few duplex structures located at the southeast corner of David O Dodd and I-430. A number of the homes are located on large lots with acreage but in recent past three additional subdivisions have been developed with new homes; Kenwood Estates Subdivision located to the west of I-430, Woodridge Estates located south of David O Dodd Road at Brodie Lane and Shady Brook to the east of Water’s Edge Subdivision. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners, the Stagecoach Dodd Neighborhood Association and Southwest Little Rock United for progress were notified of the public hearing. March 7, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1428-F 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. David O Dodd Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to David O Dodd Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5-feet from the existing centerline. 3. Show location of curb and gutter and sidewalk on preliminary plat. 4. 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). 5. 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. 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. 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. 8. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). Show contours leading to the nearby lake including the channel emptying into the lake. The existing channel flowing into the lake should be improved to a permanent condition. 9. Properties downstream of the lake flood currently flood. Provide pre- and post- stormwater flow from proposed subdivision including flows from the existing subdivisions and undeveloped properties. Provide capacity of existing channel leading to lake and effects of additional flow on lake capacity. 10. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Greg Simmons) for more information. 11. Street names and street naming conventions are not approved by Public Works. Contact Glenn Haley at 371-4537. March 7, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1428-F 4 12. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 13. Install speed tables midway in blocks on both north-south streets. Contact Nat Banihatti, Traffic Engineering, at 379-1818 for additional information. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required, with easements, for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. 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. 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 installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health Engineering Division and Little Rock Fire Department is required. 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. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Maintain access of at least twenty (20) feet; place fire hydrants per Code. Maintain two ways to exit and enter the subdivision. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. March 7, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1428-F 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (February 13, 2013) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the development stating there were few outstanding issues associated with the request. Staff requested the plat include the name and address of the owner, the owner’s certification and the source of title for the property. Staff also questioned if there would be fences located within the setbacks in excess of the height typically allowed per the zoning ordinance. Staff also questioned the size of the proposed subdivision identification sign. Public Works comments were addressed. Staff stated due to existing drainage problems in the area they were requesting the engineer provide a sketch grading and drainage plan for the area including the channel emptying into the lake. Staff noted the street names were to be approved by Public Works staff prior to final platting. Staff stated speed tables were needed midway in the blocks on the north-south streets to control speeding. Staff noted the comment from the Little Rock Fire Department stating the plat did include a secondary access but the developers would need to provide written approval of the secondary access proposed prior to final platting. 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 a revised preliminary plat to staff addressing most of the issues raised at the February 13, 2013, Subdivision Committee meeting. The name and address of the owner, the owner’s certification and the source of title for the property have been provided. The applicant has indicated all fences located within the setback will comply with the height typically allowed within the zoning ordinance. The subdivision sign is proposed to comply with signage typically allowed or a maximum of six (6) feet in height and 32 square feet in area. March 7, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1428-F 6 The subdivision is proposed with 84 lots created from a 20+ acre parcel. The development will be served by 2,100 linear feet of public street. The subdivision will be developed in a single phase. The lots are proposed 60-feet by 120-feet containing 7,200 square feet in area. Corner lots are indicated with a minimum lot width of 75-feet. The lots are indicated to fully comply with the minimum standards of the Subdivision Ordinance. The lots are proposed with 25-foot front and rear yard setbacks and side yard setbacks of ten percent (10%) of the lot width not to exceed eight (8) feet. The plat indicates a 30-foot emergency access from Woodview Circle to connect with David O Dodd Road along the common lot lines of Lots 17 and 18 to provide a secondary access. Per the 2006 International Fire Code, one and two-family residential developments, where the number of dwelling units exceeds 30, must provide a separate and approved fire apparatus access road. Staff recommends prior to any grading activities the applicant seek a letter of approval for the secondary access from the Little Rock Fire Department. No fencing will be allowed across the 30-foot emergence access easement area. The applicant has not provided staff with the requested grading and drainage plan. Staff will work with the applicant to secure the grading plan and review the results to ensure there is sufficient capacity in the adjacent detention pond to minimize downstream impacts on homes and properties. Staff is supportive of the overall request but all the issues have not been addressed. Staff feels the grading and drainage plan can be secured and reviewed prior to the Commission’s March 7, 2013, public hearing. Staff will provide a recommendation to the Commission of their findings at the public hearing. I. STAFF RECOMMENDATION: Staff recommendation forthcoming. PLANNING COMMISSION ACTION: (MARCH 7, 2013) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the request stating the applicant had provided them with a drainage analysis and had provided a commitment that the detention from this subdivision be addressed by the neighboring Water’s Edge Subdivision. The applicant indicated improvements would be made to the existing detention pond for Waster’s Edge Subdivision to increase the March 7, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1428-F 7 capacity to handle Water’s Edge Subdivision as well as this subdivision during heavy rains. Staff stated the applicant had indicated the Bill of Assurance for Water’s Edge Subdivision would be modified to incorporate language necessary to complete the agreement. Staff stated they felt in addition a note should be included on the preliminary and final plat for the Woodview Subdivision and the detention agreement be incorporated into the Bill of Assurance from the Woodview Subdivision. 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. Staff presented a recommendation the applicant revise the Bill of Assurance from the Water’s Edge Subdivision prior to any construction activities on this site to include language concerning the proposed shared detention of the two subdivisions and to include a note on the preliminary and final plats for the Woodview Subdivision and within the Bill of Assurance for the Woodview Subdivision language concerning the shared detention. Staff stated as noted within the analysis section, the owners were to maintain a 30-foot emergency access easement on the common lot lines of Lots 17 and 18, there was to be no fencing within the emergency access easement and prior to any grading activities for the subdivision the applicant secure written approval from the fire department concerning the proposed emergency access. 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 10 ayes, 0 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: 2 FILE NO.: S-1680-B NAME: Knollwood Mobile Home Park Subdivision Site Plan Review LOCATION: Located North of I-30, East of Alexander Road and South of HWY 5 DEVELOPER: Knollwood Mobile Home Park, LLC 26270 I-30 N Alexander, AR 72002 ENGINEER: GarNat Engineering, LLC 124 N. Market Street Benton, AR 72015 AREA: 36.9 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: R-7, Manufactured home park PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 42.20 VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: A combination preliminary/final plat was approved by the Little Rock Planning Commission at their November 17, 2001, public hearing. The approval allowed the creation of four (4) lots. The purpose of the plat was to remove the perimeter businesses from the property ownership of the manufactured home park. Due to the configuration four (4) lots were required to allow the manufactured home park to be located on a separate parcel. The final plat for the four lots was recorded at the County Clerk’s office on February 24, 2012. On November 20, 2012, the Little Rock Board of Directors adopted Ordinance No. 20,656 rezoning an area containing 0.047 acres from R-7 to PD-C to allow the former leasing office to be used as a beauty salon. March 7, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1680-B 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project consists of two items, the addition of one manufactured home site and the installation of a community building. The community building is proposed on Briner Circle within an area identified as a playground and recreation easement. There is a gravel drive extending from Brimer Circle. The existing parking is also gravel. The owners of the manufactured home park are proposing to use the existing gravel parking area to serve the community building. Water and sewer service for the community building are proposed from the park’s private water and sewer systems. The community building will be owned by Geyer Springs Baptist Church, which plans to use the facility for a ministry serving the Hispanic community in the manufactured home park. The owners of the manufactured home park will lease the site for the community building to the Church of $1 per year. The community building activities will include, free after school Spanish to English tutoring, sporting events, Bible study, crafts, vacation bible school and Sunday worship service. In addition, the applicant is proposing to add one additional manufactured home site. The new space is proposed on Briner Circle just south of Mami Drive. The space will be connected to the park’s private water and sewer system. B. EXISTING CONDITIONS: The area contains a number of uses; restaurant, liquor store, mobile-home park, convenience store, tattoo parlor, flooring sales, vacant retail buildings and a number of other retail uses. Arterial streets bound the manufactured home park on two (2) sides (north – Stagecoach Road and west – Alexander Road) and the I-30 Frontage Road is located along the south. Other uses in the area include additional manufactured home parks to the east and west, Pulaski Technical College, commercial businesses located on the north side of Stagecoach Road and a cemetery located across the Saline County line. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area property owner. All property owners located within 200 feet of the site, the Alexander Road Neighborhood Association, the Otter Creek Property Owners Association and Southwest Little Rock United for Progress were notified of the public hearing. March 7, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1680-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Project served by private sewer system connecting to Little Rock wastewater System. Sewer is available to this project. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water if additional fire protection or metered water service is required or regarding the size and location of the water meter. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) 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 RPZ assembly, 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: Maintain access of at least twenty (20) feet; place fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. March 7, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1680-B 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Landscaping will be required with any new paved areas. Contact the Christy Marvel (371-4864) prior to construction. G. SUBDIVISION COMMITTEE COMMENT: (February 13, 2013) Mr. Vernon Williams was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff stated the property was zoned R-7 which has a requirement of common recreational space. Staff stated the development as proposed would retain the required open space. Staff stated the request included maintaining an existing graveled parking area. Staff stated they would support a two (2) year deferral of the required paving. Staff stated at the time of development of the parking area landscaping to meet various City ordinances would be required. 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 comments addressing staff’s concerns raised at the February 13, 2013, Subdivision Committee meeting. The applicant has indicated the parking and drive to serve the community building will be constructed of a hard surface material within two (2) years of approval as recommended by staff. The applicant has also indicated landscape of the newly paved areas will be installed per Chapter 15, the City’s Landscape Ordinance requirements. The request is for a multiple building site plan review (Section 31-13) to allow the placement of a community building within the previously identified common recreational space and to allow the addition of one manufactured home space. The ordinance states all development is to be reviewed on a case by case basis to consider the particulars of the project including the provision of parking and landscaping in accordance with the appropriate ordinances, siting of buildings March 7, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1680-B 5 and the compatibility of the proposed development with adjacent uses. All developments are to be designed in such a way as to minimize any potential harmful impact on the surrounding area. The new manufactured home space is proposed on Briner Circle just south of Mami Drive. There are currently two (2) spaces located south of the proposed space. The space will be connected to the park’s private water and sewer system. The community building is proposed on Briner Circle within an area identified as a playground and recreation easement. The building is proposed as a 48-foot by 60-foot building (2,880 square feet) with a 16-foot by 24-foot deck (384 square feet). There is a gravel drive extending from Brimer Circle to serve the community building. The existing parking is also gravel. The owners of the manufactured home park are proposing to use the existing gravel parking area to serve the community building. City Ordinance, Section 36-508, requires “wheeled traffic areas” to be paved. Staff is supportive of allowing the applicant two (2) years from the time of approval to pave the drive and parking area. The community building will be owned by Geyer Springs Baptist Church, which plans to use the facility for a ministry serving the Hispanic community in the manufactured home park. The owners of the manufactured home park will lease the site for the community building to the Church of $1 per year. The community building activities will include, free after school Spanish to English tutoring, sporting events, Bible study, crafts, vacation bible school and Sunday worship service. The property is zoned R-7 which has a requirement of common recreational space. The ordinance states common recreation space shall be provided at the rate of 300 square feet per manufactured home or mobile home. Minimum size of any recreation space shall be 5,000 square feet. All required recreational areas shall be used solely for recreational purposes. There are two areas shown on the site plan for open space, Area 1, the location of the community building contains 59,000 square feet of common area. Area 2, located along the eastern perimeter of the site contains 110,000 square feet. The total green area provided in 169,000 square feet. There are 383 manufactured homes located within the development with an additional space proposed (384 spaces). With the requirement for 300 square feet of green space per manufactured home this would result in 115,200 square feet of green space. The development as proposed appears to comply with the minimum criteria established by the Subdivision and Zoning Ordinances for site plan review. The development is proposed with setbacks in compliance with the minimum standards for the R-7 zoning district. In addition the manufactured home park March 7, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1680-B 6 has ample common area to comply with the common area requirement established by the Zoning District. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the development as proposed is appropriate. I. STAFF RECOMMENDATION: 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. Staff recommends approval of the deferral request for the hard surface parking and driveway for a period of two (2) years, after which the driveway and parking are to be paved and landscaped to compliance with Code requirements. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with 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. Staff also presented a recommendation of approval of the deferral request for the hard surface parking and driveway for a period of two (2) years, after which the driveway and parking is to be paved and landscaped to compliance with Code requirements 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 10 ayes, 0 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: 3 FILE NO.: Z-8842 NAME: CARTI Zoning Site Plan Review LOCATION: Located on Riley Drive at John Barrow Road DEVELOPER: CARTI 9500 Kanis Road Little Rock, AR 72205 ENGINEER: Crafton Tull 10825 Financial Center Parkway Little Rock, AR 72211-3554 AREA: 19.49 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional District PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.03 VARIANCES/WAIVERS REQUESTED: 1. A variance from Sections 30-43 and 31-210 to allow the eastern driveway nearer the property line than typically allowed. 2. A deferral of the placement of the sidewalk along Riley Drive outside the area proposed for development until development of the property abutting the sidewalk is developed or until the property along the north side of Riley Drive occurs. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a site plan review application for a 19.49 acre tract generally located at Riley Drive and John Barrow Road. The site is currently zoned O-2, Office and Institutional District and is undeveloped. The proposed use is a 165,000 square foot medical facility. The building will be four floors plus a partial basement. The highest occupied floor will be 48-feet above the ground floor elevation and the top of the parapet will be 78-feet above the first floor elevation. The building will consist of stone, brick curtain wall with exposed steel and March 7, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8842 2 standing seam canopies on the first floor. The second through fourth floors will be brick, metal panels, and curtain wall with exposed steel sunscreens. The penthouse will be louvers, metal panel and/or brick. The facility will take access from Riley Drive and provide a total of 694 parking spaces for administration, medical staff, patients and visitors/public. The plan includes the placement of 440 parking spaces within the proposed parking deck and 254 surface parking spaces. The request includes a variance from Sections 30-43 and 31-210 to allow the eastern drive nearer the property line than typically allowed. The request also includes a deferral of a portion of the required sidewalk along Riley Drive until the development of the western portion of the site or until the development of the property located along the north side of Riley Drive. B. EXISTING CONDITIONS: The property is heavily wooded sloping from Riley Drive to the south. The property to the north is also heavily wooded and is also owned by the applicant. To the east are an assisted living facility and a nursing home. Uses to the south include a church accessed from Kanis Road, single-family homes located on Michael Drive and office uses located on Business Park Drive. Fronting John Barrow Road at Riley Drive is a large office user, Arvest Banking Center, and there is a Stroman’s rental business located on the northeast corner of John Barrow Road and Riley Drive. 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, the John Barrow Neighborhood Association and the Brownwood Terrace Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. John Barrow Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of John Barrow Road and Riley Drive. March 7, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8842 3 3. Sidewalks with appropriate handicap ramps are required to be installed along Riley Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. All driveways shall be concrete aprons per City Ordinance. 5. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of driveway must not exceed 36 feet. The minimum width of a driveway lane is 20 feet for fire access. A variance should be requested for the location of the east driveway. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. 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). 8. 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. If grading is desired beyond the area to be developed, a variance to advance grade must be requested. 9. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 10. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 11. 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. 12. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Greg Simmons) for more information. 13. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 14. 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. 15. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. March 7, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8842 4 16. 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. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. 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. 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. 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. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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 March 7, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8842 5 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. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is requires. Fire Department: Maintain access of at least twenty (20) feet; place fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. 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: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All interior islands are to be three hundred (300) square feet in area. 3. Areas set aside appear to meet the minimal landscape and buffer ordinance requirements. 4. An automatic irrigation system to water landscaped areas will be required. 5. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. 6. The property abuts single-family residential homes to the south therefore a land use buffer of 30-feet is required. 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. March 7, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8842 6 G. SUBDIVISION COMMITTEE COMMENT: (February 13, 2013) Mr. Frank Riggins was present representing the request. Staff presented an overview stating the request was for a zoning site plan review of this O-2, Office and Institutional zoned site. Staff questioned the height of the parking deck/garage. Staff also questioned if there would be overnight stay associated with the medical facility. Staff questioned if there would be a school and/or residency program and the number of students to be served. Public Works comments were addressed. Staff stated dedication of right of way on John Barrow Road would be required. Staff also stated all driveways were to be concrete aprons per City code. Staff stated the driveway locations and widths did not meet the access and circulation requirements of Sections 30-43 and 31-210. Staff stated a variance should be requested to allow the eastern driveway in the proposed location. Staff stated a variance would be needed for any retaining walls designed to exceed 15-feet in height. Staff requested the applicant provide the proposed wall elevations. 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 a revised site plan addressing staff’s concerns raised at the February 13, 2013, Subdivision Committee meeting. The applicant has indicated there will be no overnight stay associated with the medical office facility and there is not be a residency program. The applicant has also provided the total height of the proposed parking deck which will not exceed 37-feet above the finished floor elevation of the structure. The applicant has indicated all retaining walls will comply with the City’s Land Alteration Ordinance. The property is zoned O-2, Office and Institutional which requires site plan review prior to development. All development is reviewed on a case by case basis to consider the particulars of the project including the provision of parking and landscaping in accordance with appropriate ordinances, siting of buildings and the compatibility of the proposed development with adjacent uses. All developments are to be designed in such a way as to minimize any potential harmful impact on the surrounding area. The building is proposed to contain 165,000 square feet and will be used as a medical facility. The building will be four floors plus a partial basement. The highest occupied floor will be 48-feet above the ground floor elevation and the March 7, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8842 7 top of the parapet will be 78-feet above the first floor elevation. The zoning ordinance allows a maximum building height of 45-feet with an additional foot of height added to the building for each foot the building is setback from the required setback line for a maximum height of 120-feet. The required front, side and rear yard setback for the O-2, Office and Institutional Zoning District is 25-feet. The plan as presented more than exceeds the setback requirement. The O-2, Office and Institutional Zoning District states all buildings shown on the site plan shall cover an aggregated area of not more than forty (40) percent of the area of the site. The building, including expansion areas, has a footprint of 175-feet by 350-feet. The parking deck has a building footprint of 440-feet by 285-feet. The site contains 19.49 acres. The building coverage is well below that allowed by the Zoning District. The Zoning and Buffer Ordinance requires a 30-foot land use buffer along the southern perimeter where adjacent to residentially used property. The site plan has increased the required buffer adjacent to the parking deck from 30-feet to 50-feet. The applicant has noted evergreen trees will be planted 15-feet on center between the parking deck and the single-family homes to protect the integrity of the single-family residences. The building will consist of stone, brick curtain wall with exposed steel and standing seam canopies on the first floor. The second through fourth floors will be brick, metal panels, and curtain wall with exposed steel sunscreens. The penthouse will be louvers, metal panel and/or brick. The facility will take access from Riley Drive and provide a total of 694 parking spaces for administration, medical staff, patients and visitors/public. There are 254 surface parking spaces proposed and 440 spaces within the parking deck. The zoning ordinance would require the placement of 412 parking spaces to serve an office use. The applicant has indicated the facility is heavily staffed creating a parking demand greater than the zoning ordinance typically requires. The request includes a variance from Sections 30-43 and 31-210 to allow the eastern most drive to be located nearer the property line than typically allowed. The ordinance states driveways are to be located a minimum of 125-feet from the property line. The centerline of the eastern drive is located approximately 30-feet from the property line. The request includes a deferral of a portion of the sidewalk along Riley Drive. The applicant has indicated the sidewalk will be constructed adjacent to the proposed development area of the site and is requesting a deferral of the required sidewalk in the area proposed for detention until this portion of the site is developed or until the area north of Riley Drive is developed. March 7, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: Z-8842 8 Staff is supportive of the request. To staff’s knowledge there are no outstanding technical issues associated with the request. Although there are variances associated with the request, staff does not feel the variances and the proposed development of a medical office will significantly impact the area. I. STAFF RECOMMENDATION: 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. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the eastern drive to remain as indicated on the site plan. Staff recommends approval of the deferral request of the placement of the sidewalk within the western portion of the development in the area proposed for detention until this portion of the site is developed or until the area north of Riley Drive is developed. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with 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. Staff presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the eastern drive to remain as indicated on the site plan. Staff presented a recommendation of approval of the deferral request of the placement of the sidewalk within the western portion of the development in the area proposed for detention until that portion of the site was developed or until the area north of Riley Drive was developed. 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 10 ayes, 0 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: 4 FILE NO.: Z-1716-G NAME: Pleasant Ridge North Short-form PCD LOCATION: Located at 11300 Cantrell Road DEVELOPER: Carolina Holdings, Inc. 40 West Broad Street, Suite 410 Greenville, SC 29601 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.1 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: POD Expired ALLOWED USES: Office/Bank PROPOSED ZONING: PCD PROPOSED USE: C-1, Neighborhood Commercial uses and selected additional C-3, General Commercial District uses VARIANCES/WAIVERS REQUESTED: 1. A variance from Sections 30-43 and 31-210 to allow the drives on both Cantrell Road and Southridge Drive to be located nearer the property line than typically allowed per City ordinance. 2. A variance from the Land Alteration Ordinance to allow the retaining wall to exceed the typical height allowed; 15-feet allowed 20-feet proposed. BACKGROUND: Ordinance No. 18,303 adopted by the Little Rock Board of Directors on July 5, 2000, rezoned the property from O-2, Office and Institutional to POD. The approval allowed for the construction of a 34,551 square foot office building (3 stories) and 117 parking March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 2 spaces on the site. The approval allowed variations from the Highway 10 DOD with regard to landscaping and the front building setback. The approval allowed the applicant to measure the 40-foot landscape buffer and the front 100-foot building setback from the existing right of way line and not from the new property line after dedication. A 15-foot right of way dedication was required to meet the Master Street Plan requirements. The proposed building setback as measured from the new property line (after right of way dedication) was 92-feet. That development did not occur. An application was to be reviewed by the Little Rock Planning Commission on January 24, 2013 to allow the placement of a 110 room hotel with 91 parking spaces on this site. The development was proposed with access from Cantrell Road just west of the existing traffic signal with a secondary access on Southridge Drive. Prior to the public hearing the applicant requested withdrawal of the item, without prejudice. The Commission approved the withdrawal request on the consent agenda at their January 24, 2013, public hearing. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The property is under contract with Carolina Holdings, LLC as a development for a single story retail/office mixed use project. The plan calls for a 3,000 square foot restaurant, a 1,000 square foot patio area and an additional 8,500 square feet of retail/office space. Parking is indicated with 80 spaces. The developer is proposing access from Highway 10 with all movements except left turn out. Currently a center turn lane exists along Highway 10 that would allow for stacking and left turns into the project. With the proximity to the existing traffic signal, the developer does not believe left turns exiting the site provide a safe movement for motorist. The developer is requesting a waiver of the sidewalk requirements along Southridge Drive. Currently, a mature row of trees exists in the public right of way in this area. According to the applicant a waiver of these improvements will allow the trees to remain and provide screening for the residential homes to the north. The request includes a variance from the City’s Land Alteration Ordinance to allow a single wall within the northeastern portion of the development. The wall is proposed 20-feet in height, exceeding the maximum height typically allowed within the City’s Land Alteration Ordinance of 15-feet. The request includes a variance from Sections 30-43 and 31-210 to allow the drives on both Cantrell Road and Southridge Drive to be located nearer the property lines than typically allowed per City ordinance. March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 3 B. EXISTING CONDITIONS: The property is located on the north side of Cantrell Road just east of the Southridge Drive intersection. This site contains a vacant former single-family home and graveled parking area. The area is developed with a mixture of commercial and office uses. South of the site is the Pleasant Ridge Shopping Center which contains retail and restaurant uses. East of the site is a bank and office building and west of the site is a City of Little Rock Fire Station. North of the site is Southridge Drive accessing the Walton Heights Subdivision. There are single-family homes located across from this site on the north side of Southridge Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200 feet of the site, the Piedmont Neighborhood Association, the Pleasant Forest Property Owners Association, the Pleasant Valley Property Owners Association and the Walton Height Candlewood Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Cantrell Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 55 feet from centerline will be required. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. 4. Sidewalks with appropriate handicap ramps are required to be installed along Cantrell Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 5. 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 379-1805 (Travis Herbner). 6. 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. March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 4 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 8. 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. 9. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The proposed driveway must be moved to the west and installed on the western half of the property frontage. The width of driveway must not exceed 36 feet. A variance must be requested for driveway on Cantrell Road. 10. Design should be adjusted to deter cut-thru traffic between Cantrell Road and Southridge Drive. 11. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 12. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide the proposed wall elevations. 13. 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. 14. Sidewalks with appropriate handicap ramps are required to be installed along Southridge Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this project. Entergy: No comment received. Center-Point Energy: No comment received. 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. The 12-inch waterline relocation will be at the developer’s expense. A new easement will be required. The timing of this relocation will be critical as this main feeds one of Central March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 5 Arkansas’ Pump stations. 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. 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. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is required. Fire Department: Maintain access of at least twenty (20) feet; place fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is located on CATA Bus Route #25 – the Pinnacle Mountain Express Route. Parks and Recreation: No comment received. March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 6 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the River Mountain Planning District. The Land Use Plan shows Office (O) for this property. The Office category includes services provided directly to consumers (e.g. legal, finance, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from POD (Planned Office District) to PCD (Planned Commercial District) to allow for the development of a retail center with a restaurant on the site. The application is within the Highway 10 Design Overlay District. Master Street Plan: Cantrell Road is a Principal Arterial 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. This street 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, proposed 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. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. This site is located within the Highway Ten (10) Overlay District; therefore, must comply with the rules and regulations set forth within. 3. Currently, there is zero building landscaping being proposed. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 4. The Highway Ten (10) Overlay requires a twenty-five foot (25’) wide perimeter landscape strip along the sites eastern and western perimeter. 5. Berming is highly encouraged along Highway Ten (10). 6. An automatic irrigation system to water landscaped areas will be required. 7. Prior to the issuance of a building permit, it will be necessary to provide an approved landscape plan stamped with the seal of a Registered Landscape Architect. March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 7 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. SUBDIVISION COMMITTEE COMMENT: (February 13, 2013) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating the site was located within the Highway 10 DOD. Staff noted the landscape strip along Highway 10 was indicated less than the 40-foot required by the Overlay. Staff questioned if there would be outdoor music associated with the patio area. Staff requested Mr. White provide the proposed building elevations, construction materials and proposed mechanical screening. Public Works comments were addressed. Staff stated dedication of right of way would be required on Cantrell Road. Staff stated sidewalks were required along both Cantrell Road and Southridge Drive per the Master Street Plan. Staff stated the driveway on Cantrell Road should be shifted to the west and should be designed to limit cut through traffic. Staff stated retaining walls in excess of 15-feet in height would require a variance. Staff stated an engineer’s certification of the design of the retaining wall was to be submitted to Public Works for approval. Staff stated after construction, an as-built certification was required for construction of the retaining walls. Landscaping comments were addressed. Staff stated the site plan did not comply with the typical standards of the Highway 10 DOD. Staff stated the plan encroached into the 40-foot front landscape strip along Cantrell Road. Staff stated per the DOD a minimum landscape strip of 15-feet was required along Southridge Drive. Staff stated a small amount of building landscaping would be required with the development of the site. 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 a revised site plan to staff addressing the issues raised at the February 13, 2013, Subdivision Committee meeting. The applicant has revised the plan to include the landscape strips and building setbacks as required March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 8 by the Highway 10 Design Overlay District. The applicant has provided the proposed building elevations, construction materials and proposed mechanical screening as requested by staff. The applicant has indicated no music will be allowed in the patio area. The applicant has indicated they desire to meet with the Arkansas State Highway Department concerning if a driveway would be allowed on Cantrell Road and, if a driveway is allowed, where AHTD would allow the driveway. The request is to rezone the property from POD to PCD to allow the development of 2+ acres with a single story building allowing office and commercial uses as allowable uses. The site plan indicates a 3,000 square foot restaurant with an outdoor patio area containing an additional 1,000 square feet. The plan also indicates 8,500 square feet of retail/office space which could contain a single or multiple users. A note on the site plan states retail and/or restaurant users and occupancies and the demising lines shown are conceptual and are subject to change. The applicant has provided the proposed hours of operation for the development. The hours of operation are Monday through Thursday from 7 am to 10 pm, Friday and Saturday from 7 am to 11 pm and Sunday from 9 am to 9 pm. The hours of dumpster service will be limited to 7 am to 6 pm. Calculating the parking for the development as proposed, a restaurant and retail use development, a total of 40 parking spaces is required to serve the restaurant use and an additional 28 spaces are required to serve the remaining retail uses. The development as currently proposed would result in a need for 68 parking spaces. The site plan includes the placement of 80 parking spaces. The applicant has indicated the development is fluid and the square footages of the uses are subject to change. Staff recommends if approved the proposed use mix match the available parking on the site. The building materials proposed include the walls of EIFS, modular brick veneer, concrete masonry in split-face and/or smooth face finish. The windows/doors will be aluminum storefront with anodized finish. The awnings and/or canvas are proposed as metal frame & flat metal canopies with/tie rod supports. There will be a minimum 42-inch parapet wall around all sides of the building which will serve to screen any rooftop-mounted HVAC equipment. The applicant has provided staff with the allowed and prohibited uses for the development. According to the applicant except for the uses specifically prohibited below, all permitted and conditional uses in Section 36-299 of the Little March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 9 Rock Code of Ordinances, C-1 Neighborhood Commercial District in effect on February 14, 2013, will be permitted. Additionally, the following uses will also be permitted: Telecommunications and electronics store, Eating place with or without outdoor seating which may also sell alcoholic beverages by the drink so long as more than 50% of gross revenue is derived from the sale of food, Facility for special education or tutoring so long as such does not exceed 3,000 square feet, Food store under 5,000 square feet gross floor area, with sales of beer and wine, Credit union, Video game and equipment sales or rental, Wine store selling product for on- and off-site consumption, Butcher shop, Job printing, lithographer, printing or blue printing, Laboratory, Office equipment sales and leasing, Enclosed (indoor) retail uses not listed, Swimming pool sales and supply, Sandwich shop or food store, Nail salon, massage therapy or spa facility, Professional office not to exceed 6,000 square feet.  The following uses shall be specifically prohibited: Laundromat, Lodge or fraternal organization, Multi-family dwellings, School, Single-family Residences, Two-family residences, Amusement center, Cemetery or mausoleum, College dormitory, Community welfare or health center, Convenience food store with gas pumps, College fraternity or sorority, Convent or monastery, Establishment for the care of alcoholic, narcotic, or psychiatric patients, Nursing home or convalescent home, Commercial pay parking lot, or garage, Service station, Theater, Any business or use that creates strong, unusual or offensive odors, fumes, dust or vapors; is a public or private nuisance, is illegal or dangerous, emits noise or sounds which are objectionable due to intermittence, beat, frequency, shrillness or loudness; or creates unusual fire, explosive or other hazards. Notwithstanding the foregoing, coffee or food odors are deemed not to be objectionable, Fast food restaurants with drive-through facilities, Gun stores, Automobile parts store, Outdoor circus, carnival or amusement park or other outdoor entertainment facility, Any manufacturing or industrial operation, Flea market or auction house, Pawn shop, “Adult type uses” such as book and video store or movie-theater and lingerie modeling, Unemployment agency, service or commission; parole office or Social Security office, A liquor store or any store which sells a single container of beer for off-premises consumption. This prohibition shall not include a store which specializes in the sale of wines or imported and domestic beers or whose sale in ancillary to the business, Video game amusement center, arcade, pinball or computer game room. This shall not include a store specializing in the sale of computers or computer and video games for off-premise use, Tattoo, massage parlor or “head shop” or facility for the sale of paraphernalia for use with illegal drugs or substances. This shall not apply to a legitimate massage therapy facility, Night club, music club, discotheque or dance hall, Bingo or similar games of March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 10 chance, Automobile repair shop, including body and fender shop, and gas or service station, Sale or repair of boats, trailers or mobile homes, Automobile dealership or other automobile sale or leasing facility, Funeral parlor establishment or mortuary, Pool or billiard parlor establishment. This shall not include a store which specializes in the sale of billiard tables and related equipment or is incidental to a restaurant, Bowling alley, skating rink or shooting gallery, Outside vending machines and pay telephones. The request includes a variance from the City’s Land Alteration Ordinance to allow a single wall 20-foot in height. Section 29-190 of the Little Rock Code of Ordinances states cuts or fills shall be limited to ten (10) feet in height or to fifteen (15) feet if architectural stone is included to protect the vertical face. A series of smaller cuts or fills with terraces, preserving portions of natural vegetation and providing areas for planting, shall be used in situations where more than ten (10) feet of cut or fill is needed. The wall exceeds the 15-foot height in the northeast corner of the site along Southridge Drive. The applicant states the variance is necessary to allow the new development to preserve the existing Bradford Pears located along Southridge Drive and allow for room to plant an evergreen screen above the wall on Southridge Drive in-front of the Bradford Pears. The applicant is requesting a waiver of the requirement for placement of a sidewalk along Southridge Drive. Per City Ordinance sidewalks with appropriate handicap ramps are required to be installed along Southridge Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The applicant is requesting the waiver to allow the row of existing Bradford Pears to remain. The driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Staff feels the proposed driveway should be moved to the west and installed on the western half of the property frontage. Per the ordinance the width of driveway must not exceed 36 feet. The applicant has indicated they desire to meet with the Arkansas State Highway Department before finalizing the driveway location. If left at the current location or if moved to the west as suggested by staff a variance is required from Sections 30-43 and 31-210 to allow the driveway on Cantrell Road to remain. The driveway on Southridge Drive also requires a variance from Sections 30-43 and 31-210 to allow the drive to be located nearer the western property line than typically allowed. The applicant has indicated ground signage on Cantrell Road will comply with the typical standards of the Highway 10 Overlay. The maximum height of the sign is ten feet and the maximum sign area is 100 square feet. The site plan includes March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 11 the placement of a monument sign at the driveway entrance from Southridge Drive. The sign is proposed as a directional sign 4-feet by 3-feet. Building signage will be located on the front façade, along Cantrell Road, only. The maximum wall sign area is limited to ten percent of the façade area for each of the individual tenants lease space. As noted the property is located within the Highway 10 Design Overlay District which has established building setbacks and landscaped areas. The front yard building setback from Highway 10 is required to be 100-feet. The rear yard is to have a building setback of 40-feet and the side yards are to have a minimum set back of 30-feet. The plan as presented meets all the minimum setback requirements of the Overlay. The Overlay also has an established landscape and buffer requirement. The Highway 10 frontage is to consist of a minimum of 40-feet of landscaped area exclusive of right of way. The rear and side yards are to have a landscape buffer averaging a minimum of 25-feet from the property line. Where such yards abut a street right of way, a fifteen foot landscape strip is required adjacent to land zoned office or residential. The plan as presented meets these minimum requirements. Staff is not supportive of the request. The Future Land Use Plan shows Office for this property. The Office category includes services provided directly to consumers (e.g. legal, finance, medical) as well as general offices which support more basic economic activities. In this general area the Future Land Use Plan indicates office on the north side of Cantrell Road and limits the Commercial uses to the south side of Cantrell Road. With the approval of the Pleasant Ridge Towne Center in 2006 the amount of both the commercial Land Use and Zoning was nearly doubled. The original PCD for Pleasant Ridge Towne Center contained 13+ acres and the currently approved site plan includes 27+ acres. Historically staff has supported the Future Land Use Plan and not supported expanded the Commercial areas outside the current nodes identified on the City’s Future Land Use Plan. Staff feels this site would be better developed with an office user than the currently proposed commercial activities. I. STAFF RECOMMENDATION: Staff recommends denial of the requests. March 7, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-1716-G 12 PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There was one registered objectors present. Staff presented the item stating the applicant had submitted a request dated March 1, 2013, requesting deferral of this item to the April 18, 2013, public hearing. Staff stated they were supportive of the deferral request. 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 10 ayes, 0 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: 5 FILE NO.: Z-7351-F NAME: Mapco Express Stagecoach Road Short-form PCD and Easement Abandonment LOCATION: Located at 8101 Stagecoach Road DEVELOPER: NTI Investments, LLC 7102 Commerce Way Brentwood, TN 37027 ENGINEER: Barge Waggoner Summer and Cannon, Inc. 211 Commerce Street, Suite 600 Nashville, TN 37201 AREA: 1.64 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Carwash and Restaurant PROPOSED ZONING: PCD PROPOSED USE: Convenience Store with pumps and carwash VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the western drive to be located near the property line than typically allowed and to allow a variance in the minimum driveway distance spacing requirement. BACKGROUND: Ordinance No. 19,059 approved by the Little Rock Board of Directors on March 2, 2004, rezoned the property from C-3, General Commercial District to PCD for a planned development titled Miracle Development Long-form PCD. The approved site plan included three (3) commercial lots. A mini-warehouse development was proposed on Lot 3, a carwash was to locate on Lot 1 and an unidentified C-3 use was to locate on Lot 2. The applicant later revised his request to remove Lot 3 and any proposed March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 2 development from the site plan. The carwash was constructed on Lot 1. There was not a site plan approved for Lot 2. The developer indicated at the time of development Lot 2 would be reviewed for building placement and landscaping. Ordinance No. 19,339 adopted by the Little Rock Board of Directors on June 21, 2005, allowed a revision to Miracle Development Long-form PCD to allow construction of a restaurant building on Lot 2. The development was to occur in two phases with the placement of a 10-foot by 20-foot prefabricated building on the site and the construction of drives and parking areas to allow for a drive-thru coffee shop. Phase II of the development would be the construction of a larger (24-foot by 50-foot) site built building to be constructed in conjunction with additional parking and drives to allow for drive-thru sales as well as a small sitting area. The applicant indicated upon completion of the site built building, the prefabricated building would be removed from the site. The anticipated time frame for removal of the temporary building was 18 to 24 months. The approved hours of operation were from 6:00 am to 8:00 pm Monday through Friday and 6:00 am to 6:00 pm Saturday. On August 16, 2007, the Little Rock Planning Commission approved a request for a one-year time extension for the placement of the permanent building. The building was not placed within the time frame approved. On April 21, 2011, the Little Rock Planning Commission approved a request to allow additional time for construction of the permanent building. The approval allowed the temporary building to remain on the site until May of 2012 at which time the building and business would be removed or construction of the permanent building would begin. This did not occur. Ordinance No. 20,629 adopted by the Little Rock Board of Directors on September 4, 2012, allowed the temporary building to remain on Lot 2 for an additional 24-months. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The proposed project is to combine Lots 1 and 2 of the Miracle Land Addition located at 8101 Stagecoach Road west of I-430. The two lots will be replatted into a single parcel and the existing carwash and coffee shop will be removed. An existing utility and drainage easement located along the common property lines is proposed for abandonment. There are no utilities located within the easement. The proposed two phase Mapco project will include a 4,780 square foot convenience mart and eight islands (16 pumps) for petroleum sales. In addition, there will be an outdoor patio area containing approximately 600 square feet. The convenience mart includes a restaurant as well as other food sales. March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 3 Pedestrian sidewalk improvements within the right of way will be included within the project per City regulations. Water and sanitary sewer connections are readily available to the site. The project is proposed in two (2) phases. Phase I will include the construction of the convenience mart and fueling stations. Phase II will be the addition of a carwash facility. B. EXISTING CONDITIONS: Lot 2 of the development contains the temporary building as previously approved serving as a coffee shop. Lot 1 contains a carwash with vacuum islands. With the original development all site grading/fill took place along the southern perimeter of Lot 2 proposed for future development. A mini-warehouse development is located to the south and east of the development area, adjacent to the floodway and I-430. Other uses in the area include a church located north of the site, a welding shop and a mixture of auto related uses; ABC Salvage, a tire company, a used car lot all located to the west of the development area. 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, the Crystal Valley Neighborhood Association, the Otter Creek Homeowners Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 4. 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). 5. Obtain permits for improvements within State Highway right-of-way from AHTD, District VI. March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 4 6. 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. 7. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 8. 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. 9. The proposed development shows the installation of belowground fuel tanks within the 100 year floodplain. Per City Code (36-341(f)), in the floodplain district, the storage, aboveground and belowground, of materials or fuel which is flammable or explosive or which could otherwise be injurious to human, animal or plant life in time of flood shall be unlawful. 10. The property is located with the floodplain. The minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. All supporting mechanical and electrical equipment for the main structure and carwash must be elevated to above the base flood elevation. 11. Driveway locations do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The east driveway must align with Flintridge Road. The width of driveway must not exceed 36 feet. A driveway variance must be requested for placement of the driveway. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer is available to this project. Entergy: No comment received. Center-Point Energy: No comment received. 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. 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. The Little Rock Fire Department needs to evaluate this site to determine whether additional March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 5 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 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. Contact Central Arkansas Water regarding the size and location of the water meter. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. This fee will apply to all connections including meter connections off the private fire system. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 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. The facilities on-site will be private. When meters are planned off private lines, private facilities shall be installed to Central Arkansas Water’s material and construction specifications and installation will be inspected by an engineer, licensed to practice in the State of Arkansas. Execution of a Customer Owned Line Agreement is requires. Fire Department: Maintain access of at least twenty (20) feet; place fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. 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 Crystal Valley Planning District. The Land Use Plan shows Commercial (C) for this property. The Commercial category includes a broad range of retail and wholesale sales of products, March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 6 personal and professional services, and general business activities. Commercial activities vary in type and scale, depending on the trade area that they serve. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial District) to allow for the development of a convenience store with gas pumps on the site. Master Street Plan: Stagecoach Road is a Principal Arterial 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 Stagecoach Road. 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 II Bike Lanes are shown along Stagecoach Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Areas set aside appear to meet with minimal landscape and buffer ordinance requirements. 3. An automatic irrigation system to water landscaped areas will be required. 4. Numerous areas currently reflecting asphalt and or concrete will be required to be removed in conjunction with this application. 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. SUBDIVISION COMMITTEE COMMENT: (February 13, 2013) The applicant was present. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff requested the applicant provide the days and hours of operation, the hours of dumpster service, details of any proposed fencing and if there would be a restaurant user associated with the request. Staff questioned the phasing plan proposed for the carwash. March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 7 Public Works comments were addressed. Staff stated the ordinance did not allow the placement of the fuel tanks within the floodplain. Staff stated they would support a conditional letter to FEMA requesting to remove the site from the floodplain. Staff stated the driveway locations did not comply with Sections 30-43 and 31-21 of the Little Rock code. Staff stated the east driveway should be relocated to align with Flintridge Road. Staff stated this would require a driveway spacing variance. Landscaping comments were addressed. Staff stated the areas proposed for landscaping appeared to comply with the minimum landscape and buffer ordinance requirements. Staff stated an automatic irrigation system was required to water landscaped areas. Staff stated numerous areas currently reflecting asphalt and concrete would need to be removed in conjunction with the redevelopment of the site. 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 a revised cover letter and site plan addressing staff’s concerns raised at the February 13, 2013, Subdivision Committee meeting. The applicant has provided the proposed signage plan, details of the proposed fencing and indicated there will be a deli located within the convenience store. The applicant has also redesigned the drive to align with Flintridge Road as requested by staff. The proposal is to amend the previously approved PCD for Lots 1 and 2 of Miracle Development Short-form PCD allowing the site to develop with a convenience store with gas pumps and a carwash in a future phase. The store is proposed to operate 24-hours a day seven day a week. The hours of dumpster service will be limited to daylight hours. The applicant is requesting the abandonment of a 30-foot access and utility easement located along the common lot lines of the subdivision. Upon approval, the applicant has indicated an administrative replat will be requested to allow the development to be contained on a single lot. The building is proposed to contain 4,780 square feet with a 15-foot by 40-foot patio area. The fuel canopy is 44-feet by 120-feet with eight (8) fuel islands and a total of sixteen (16) pumps. The carwash is proposed in Phase II containing 1,632 square feet. Three (3) vacuum stations are indicated on the site plan. March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 8 The applicant has indicated a pylon sign with a maximum height of 35-feet and a total sign area of 160 square feet will be located along Stagecoach Road. Building signage on the convenience store will be located on the front façade with a total sign area of 66 square feet. Building signage on the carwash will be located on the front and west facades with a maximum sign area of 20 square feet. Signage on the fuel canopy is proposed on the north, east and west facades. The signs are proposed as channel letters advertising the price of fuel. A block around the channel letters will occupy approximately 19.6 square feet of the 154 square foot façade (12.7%) for each location. The vacuum islands are indicated with a topper but the information provided does not indicate any logo information for the business. The applicant has indicated there will be a restaurant user within the convenience store. The total square footage allowed for the restaurant user is 1,200 square feet. Per City Code (Section 36-341(f)) storage of aboveground or below ground materials or fuel which is flammable or explosive is prohibited within the floodplain. The applicant has indicated they will seek a CLOMR-F (Conditional Letter of Map Revision) from FEMA (Federal Emergency Management Agency) to provide an area for the tanks out of the floodplain. The applicant states a LOMR (Letter of Map Revision) was issued for the previous development so it is anticipated the CLOMER will be issued. The request includes a variance from Sections 30-43 and 31-210 to allow the western drive to be located nearer the property line than typically allowed. The ordinance states driveways are to be located a minimum of 150-feet from the property line. To the center of the drive to the western property line is 50-feet. In addition there is to be a minimum driveway spacing for drives located on arterial streets of 300-feet. The drives are located 180-feet, center to center. Staff is supportive of the request. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the redevelopment of the site in two (2) phases with the construction of the convenience store and fuel center in the first phase and the construction of the carwash in the second phase is appropriate. I. STAFF RECOMMENDATION: 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. March 7, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-7351-F 9 Staff recommends approval of the easement abandonment request subject to the applicant securing approvals from all the five (5) utility companies and Public Works. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with 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. Staff presented a recommendation of approval of the easement abandonment request subject to the applicant securing approvals from all the five (5) utility companies and the Public Works Department. 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 10 ayes, 0 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: 6 FILE NO.: Z-4745-B NAME: Shackleford Kanis Revised Short-form PD-C LOCATION: Located on the southeast corner of Kanis and Shackleford Roads DEVELOPER: Waters Corporation 17 Red Cedar Cove Little Rock, AR 72212 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.55 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-C ALLOWED USES: Restaurant PROPOSED ZONING: Revised PD-C PROPOSED USE: Add signage along the southern façade, located without public street frontage VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 20517 adopted by the Little Rock Board of Directors on December 20, 2011, rezoned the site from O-3, General Office District to PD-C to allow the development of a Dunkin’ Donuts. The new construction consisted of a 1,850 square foot restaurant with drive-thru service. The site was designed to allow one-way traffic, which maximizes the stacking lane for the drive-thru. The signage plan approved for the development allowed the placement of a ground sign and wall signage as typically allowed within commercial districts per the zoning ordinance. The approval allowed a pole sign a maximum of 36-feet in height and 160 square feet in area at the intersection of Shackleford and Kanis Roads. Building March 7, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-4745-B 2 signage was approved on the facades which had direct street frontage. Signage has been placed on the façade facing Kanis Road and on the façade facing Shackleford Road. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PD-C to allow the placement of a wall sign on the southern façade of the building which is located without street frontage. There are no other modifications proposed to the previously approved site plan. B. EXISTING CONDITIONS: The site has developed with a Dunkin’ Donuts. To the east is Panera Bread which was recently completed. The property to the south is zoned O-3, General Office District as is the Bancorp South Bank property. O-2, Office and Institutional District zoned property is located to the south, fronting South Shackleford Road, containing hotels, restaurant uses and the Heart Hospital. Across South Shackleford Road is property zoned PCD, O-3, General Office District, C-2, Shopping Center District and C-3, General Commercial District which has developed with a number of uses including a convenience store, hotels, automobile dealerships and general office uses. Northeast of the site is a large insurance company office complex, Arkansas Farm Bureau, and a daycare facility, Kidco 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 and the John Barrow Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (February 13, 2013) The applicant was present. Staff presented the item stating there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the February 13, 2013, Subdivision Committee meeting. The request is to amend the previously approved PD-C to allow the placement of a wall sign of the southern façade which is located without public street frontage. Section March 7, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-4745-B 3 36-557(a) states all on-premise wall signs must face required street frontage except in complexes where a sign without street frontage would be the only means of identification for a tenant. According to the applicant due to site limitations they were forced to place the “main entrance” facing away from the intersection of Shackleford and Kanis Roads which then results in the southern façade being located without public street frontage. Staff is supportive of the requested sign variance. Staff views the request as reasonable. The proposed wall sign will be on a side of the building which will aid in identifying the business to traffic coming from the south on Shackleford Road. Staff believes the proposed wall sign without direct street frontage will have no adverse impact on the adjacent properties or general area. There are no other modifications proposed to the previously approved site plan. F. STAFF RECOMMENDATION: Staff recommends approval of the requested to amend the previously approved PD-C to allow the placement of a wall sign on the southern facade, subject to a permit being obtained for the new sign. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the requested to amend the previously approved PD-C to allow the placement of a wall sign on the southern facade, subject to a permit being obtained for the new sign. 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 10 ayes, 0 noes, 0 absent and 1 open position. March 7, 2013 ITEM NO.: 7 FILE NO.: LA-0049 NAME: The Ranch, Chenonceau Blvd., Advanced Grading Variance Request LOCATION: Ranch Subdivision at Chenonceau Blvd. APPLICANT: Ranch Properties, Inc. APPLICANT’S REPRESENTATIVE: White-Daters & Associates, Inc. AREA: Approximately 12 acres CURRENT ZONING: C3, PCD, & O1 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 12 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and filling approximately 12 acres north of the intersection of Highway 10 and Chenonceau Blvd. Two (2) areas adjacent to the north and south sides of the creek and on the east and west sides of Chenonceau Blvd. are requested to cleared and filled. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. The property is proposed to be filled with fill material from the Saddle Creek Phase 2 development located northeast of the intersection of Highway 10 and Ranch Blvd. B. EXISTING CONDITIONS: The 12 acre area is divided in 2 fill areas: Fill area 1 is located on the south side of the creek and west of Chenonceau Blvd. The north property line of Fill area 1 is located south of the creek. Fill area 2 is located on both the north and south sides of the creek and east of Chenonceau Blvd. Both areas are proposed to be cleared and filled Fill area 1 is mostly pasture land but is densely tree covered along the creek. This tree covered area is mostly located within a proposed floodplain and floodway. Fill area 2 has cleared pasture land south to the creek and sparse tree covered north of the creek. Fill area 2 is also located within a proposed floodplain and floodway. The floodway cannot be filled or developed. The Fill area 1 is bordered by the creek on the north and further north across the creek is a multi-family development. Patrick Country Road is located west and Chenonceau Blvd is located east of the fill area. South of the fill area is undeveloped pasture land to Highway 10. Fill area 1 is zoned C3. March 7, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LA-0049 2 Fill area 2 is located on both the north and south sides of the creek. To the north of Fill area 2 are a multi-family residential development. Chenonceau Blvd. is located west of this fill area and Arkansas Baptist High School athletic fields and a multi-family residential development are located east of the fill area. South of the fill area is developed and undeveloped office property. Fill area 2 is zoned PCD and O1. C. NEIGHBORHOOD COMMENTS: Staff has been provided proof of notifications being mailed by the applicant to all adjacent property owners including those across streets and alleys. As of the time of writing, staff has not received any telephone calls or emails with questions or desiring additional information. D. ENGINEERING COMMENTS: 1. 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. 2. If disturbed area is 1 or more acres, obtain a NPDES storm water permit from the Arkansas Department of Environmental Quality prior to the start of construction. 3. A special permit for flood hazard areas will be required per Section 8-283 prior to construction if the preliminary FIRMs (floodplain) are adopted. 4. A minimum undisturbed strip 25 ft wide except for reasonable access shall be provided along each side of streams having a 10 year storm > 150 cfs. The undisturbed strip should be measured from the top of the bank. 5. Fill is proposed to be placed within the proposed floodplain. No fill is allowed to be placed within the proposed floodway. 6. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. 7. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purposed. March 7, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LA-0049 3 8. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 9. Erosion control must be installed to reduce discharge of polluted stormwater. 10. 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. 11. Staff does not believe the existing tree covered area west of Chenonceau Blvd. should be cleared and filled without imminent construction. 12. Provide location of vehicle tracking pad constructed per Little Rock Code Sec. 29-190(12). 13. Adjacent properties and Chenonceau Blvd. have a history of flood damage. The proposed fill will further constrict the channel flow. Show the effects of fill placed north and south of the creek. E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: Joe White of White-Daters & Associates was present representing the applicant. Staff presented an overview of the variance application. The need to clear trees west of Chenonceau Blvd was discussed. Staff also discussed past flooding issues. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. G. ANALYSIS: The applicant is proposing to clear and fill approximately 12 acres with fill material from Saddle Creek Phase 2 development located on the northeast corner of Highway 10 and Ranch Blvd. The applicant did not report the amount of fill material proposed to be filled. The Saddle Creek Phase 2 development has an advanced grading variance to clear and grade the entire site with development on at least one lot. The fill material will be trucked by way of Highway 10 to Chenonceau Blvd, and then to the fill areas. Gravel construction entrances will be located off the paved surfaces as shown on the exhibit. March 7, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LA-0049 4 Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property. Within 14 days of completion of the filling and final grading, the disturbed area will be seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. Damage to city streets must be repaired immediately. The applicant has amended the application to provide a 100 ft undisturbed buffer measured from the north property line of Fill area 1 adjacent to the creek due to the dense trees located in this area. All other buffers in Fill area 1 will have 50 ft undisturbed buffers. 50 ft undisturbed buffers will be maintained along the western and eastern property line of Fill area 2 located north of the creek. The floodway within Fill area 2 will not be disturbed. South of the creek, 25 ft buffers will be maintained on the east, south, and west property lines of the Fill area 2. The applicant provided information that showed the multi-family development west and east of Chenonceau Blvd would not flood during the 100 year storm event. The proposed FEMA Flood Insurance Study shows the culverts under Chenonceau Blvd will pass the 100 year storm event. This fill should not affect flooding at the Arkansas Baptist athletic fields during the 100 year storm due to this area is within the backwater of the Little Maumelle River. H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following: 1. Schedule of work will not exceed 1 year from the start date; 2. A 100 foot buffer will be maintained as undisturbed from the north property line of Fill area 1; 3. At least 6 inches of suitable topsoil will be placed over all disturbed areas and permanent vegetative cover established; 4. A permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. If the pH of the soils is not suitable for vegetative growth, the pH may need to be adjusted by the addition of fertilizers; 5. All erosion and stabilization controls, including permanent vegetation are to be maintained by the responsible party for a period of two (2) years following completion of the site grading; 6. Periodic mowing, generally twice per year or more often if required by CLR or ordinances shall be provided to encourage perennial grass growth; March 7, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: LA-0049 5 7. Maintenance for the two (2) year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Section 31-431(2) at the time of final inspection of the grading activities; 8. All required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. PLANNING COMMISSION ACTION: (MARCH 7, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D of the agenda staff report. Staff presented a recommendation that in addition to paragraph D, the variance request was subject to compliance with the following additional conditions: 1. Schedule of work will not exceed 1 year from the start date; 2. A 100 foot buffer will be maintained as undisturbed from the north property line of Fill area 1; 3. At least 6 inches of suitable topsoil will be placed over all disturbed areas and permanent vegetative cover established; 4. A permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. If the pH of the soils is not suitable for vegetative growth, the pH may need to be adjusted by the addition of fertilizers; 5. All erosion and stabilization controls, including permanent vegetation are to be maintained by the responsible party for a period of two (2) years following completion of the site grading; 6. Periodic mowing, generally twice per year or more often if required by CLR or ordinances shall be provided to encourage perennial grass growth; 7. Maintenance for the two (2) year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Section 31-431(2) at the time of final inspection of the grading activities; 8. All required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 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 10 ayes, 0 noes, 0 absent and 1 open position. 0 cr- 0 U W w W _Q r�r� V/ �O V z CL L `Y L11 0 n L3_ c L Q 0 N LJJ C/) U LLI cr- OAR LIJ m LU Q lb W a i iV\ W m Cf) � m co LU rQrn LL O '� z ( ) uj C7 Fn I U- in ui w l� �- Q 2- � 2 U' i Z LJJ a- � Q — ctf r ry � G LJw Lu J 2f ;R: > � ! uj Lli [ ] 0 co m [] w of L Li � U " m cn C_] C7 LL LL- © Z a_ Of L3_ c L Q 0 N LJJ C/) U LLI cr- OAR LIJ m LU Q lb W a I W m Cf) � m co LU rQrn LL O '� z ( ) uj C7 Fn I U- in ui w l� �- Q 2- � 0 � a 2 U' i Z LJJ a- � Q — ctf L3_ c L Q 0 N LJJ C/) U LLI cr- OAR LIJ m LU Q lb W a There being no further business before the Commission, the meeting was adjourned at 5;10 p.m.