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pc_04 18 2013sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD APRIL 18, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being eight (8) members present. II. Members Present: Tom Brock Alan Bubbus Janet Dillon J. T. Ferstl Rebecca Finney Keith Fountain Amy Pierce Bill Rector Members Absent: Open Position William Changose Obray Nunnley, Jr. City Attorney: Cindy Dawson 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 APRIL 18, 2013 OLD BUSINESS: Item Number: File Number: Title: A. Z-1716-G Pleasant Ridge North Short-form PCD, located at 11300 Cantrell Road. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1695 Mopper Woods Preliminary/Final Plat, located on the East side of E. Shore Drive, across from 7 and 9 E. Shore Drive. 2. S-1696 Sims Subdivision Preliminary Plat, located between 16115 and 16223 Crystal Valley Road. II. SITE PLAN REVIEW: Item Number: File Number: Title: 3. S-101-B Sustainable Properties Subdivision Site Plan Review, located at 100 Gamble Road. Agenda, Page Two III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 4. Z-4403-G Arkansas Pathology Association Short-form PD-O, located at 1303 Aldersgate Road. 5. Z-4923-M Shackleford Crossing Lot 5B Revised Short-form PCD, located on the Northwest corner of Crossing Court and Shackleford Road. 6. Z-5258-E Rock Creek Crossing Revised Short-form PCD, located at 12206 West Markham Street. 7. Z-6278-E LA Fitness Chenal Parkway Revised Short-form PCD, located at 11700 Chenal Parkway. 8. Z-6973-E Lots 2 and 3 the Village at Colonel Glenn Long-form PCD, located South of Colonel Glenn Road and West of David O Dodd Road. 9. Z-8611-A Eleven Two Eleven Cantrell Road Center Revised Short- form PCD, located on the Southeast corner of Cantrell Road and Woodland Heights Road. 10. Z-8694-A Meyer 2nd and Ringo Revised Short-form POD, located at 207 Ringo Street. 11. Z-8835-A Magnolia Hill Long-form PD-C, located at 5110 Stagecoach Road. 12. Z-8849 Kum and Go Store #162 Short-form PD-C, located on the Southeast corner of Rodney Parham Road and Breckenridge Drive, 10115 and 10121 Rodney Parham Road. 13. Z-8850 A & A Investment Short-form PCD, located on the Northeast corner of West Markham and Fillmore Streets. 14. Z-8851 Pleasant Ridge Lot 3C Short-form PD-C, located at 11701 Pleasant Ridge Road. Agenda, Page Three IV. OTHER ITEMS: Item Number: File Number: Title: 15. LA-0051 Baseline and Sibley Hole Road Timber Harvest Request, located at the Southwest corner of the Baseline Road and Sibley Hole Intersection. 16. LA-0052 Chenal Parkway-Kanis Advanced Grading Request, located on the West side of Kirk Road and East side of Chenal Parkway. April 18, 2013 ITEM NO.: A 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 April 18, 2013 SUBDIVISION ITEM NO.: A (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. April 18, 2013 SUBDIVISION ITEM NO.: A (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. April 18, 2013 SUBDIVISION ITEM NO.: A (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 April 18, 2013 SUBDIVISION ITEM NO.: A (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. April 18, 2013 SUBDIVISION ITEM NO.: A (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. April 18, 2013 SUBDIVISION ITEM NO.: A (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 April 18, 2013 SUBDIVISION ITEM NO.: A (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 April 18, 2013 SUBDIVISION ITEM NO.: A (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 April 18, 2013 SUBDIVISION ITEM NO.: A (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 April 18, 2013 SUBDIVISION ITEM NO.: A (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. April 18, 2013 SUBDIVISION ITEM NO.: A (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. STAFF UPDATE: The applicant submitted a revised site plan to staff on April 3, 2013. The revised plan indicates a 5,142 square foot restaurant and a retail space containing 4,520 square feet. The plan does not include an outdoor patio area. The original request was to allow a 3,000 square foot restaurant with an additional 1,000 square feet to be used as an outdoor patio. The original plan included 8,500 square feet of retail/office space identified as a single or multiple users. The previous site plan included 80 parking spaces. The current plan indicates 69 parking spaces. 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. The building materials proposed for the development have not changed. The plan indicates 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’s use list previously provided has not changed. The applicant is continuing to request 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. April 18, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-1716-G 13 The driveway on Cantrell Road has been moved west but staff feels the drive should be moved even further to the west. Staff feels the driveway on Cantrell Road will create conflicts with motorist exiting the Pleasant Ridge Shopping center. The driveway on Cantrell Road and Southridge Drive do not meet the minimum driveway spacing requirement of Sections 30-43 and 31-210. To allow the drives will require a variance. Staff continues to not supportive of the request. As previously stated the Future Land Use Plan shows Office for this property. Once again 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. Staff recommends denial of the request. PLANNING COMMISSION ACTION: (APRIL 18, 2013) Mr. Lucas Hargraves and Mr. Joe White were present representing the applicant. There were a number of registered objectors present. Staff presented the item with a recommendation of denial. Mr. Hargraves addressed the Commission on the merits of the request. He stated he and the developers had worked with the Walton Height Neighborhood Association Board and tried to come up with a plan they could support. He stated he felt both sides worked well together but in the end they could not develop a plan the Association could support. He stated there had been a number of letters provided to the Commission in support of the request. He stated in the end he felt the proposed development was a good proposal for the area. Mr. Britt Goodsen addressed the Commission to highlight the development. He stated the design of the building was four sided architecture. He stated the materials were quality materials. He stated the site plan as proposed fully complied with the Highway 10 DOD standards. He stated the request for the waiver of sidewalks was to protect an existing row of trees along Southridge which provided screening to the homes located April 18, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-1716-G 14 on Southridge Drive. He stated the single story building was less intense than the previously approved three story office building. He stated the use of the property as proposed would have the least traffic impact on the neighborhood. Ms. Leah Lanford, 10733 Rivercrest, addressed the Commission in support of the development. She stated the Neighborhood Association did not speak for the entire neighborhood. She stated the Association did not pole the residents when decisions were made. She stated no more than ½ of the residents of the neighborhood were connected to the Google Group where information was posted concerned proposed development and activities in the neighborhood. She stated she was in support of the commercial development as opposed to an office development. She stated the hours of an office development would conflict with residents trying to leave the neighborhood in the morning and returning in the afternoon. She stated her family was very pleased with the Pleasant Ridge Town Center and the various development which had occurred in the neighborhood. She stated she was in full support of the project. Ms. Marion Gavin addressed the Commission in opposition of the request. She stated she was representing the Walton Height/Candlewood Homeowners Association in opposing the request. She stated the Board members served as volunteers but were elected to their positions by the residents of the neighborhood. She stated the neighborhood had met with the developer and had tried to develop a plan which would benefit both the residents and the developers but in the end were unable to do so. She stated if the developers would remove the access to Southridge Drive the Association would then be neutral on the request. She stated the most logical place for the driveway was along the eastern property line to align with the entrance to the Pleasant Ridge Shopping Center, thus allowing access to a traffic light. Ms. Gavin stated traffic and safety were the #1 concern of the neighborhood. She stated the turn lane in front of the Delta Trust Bank to enter Southridge, making a left turn into the neighborhood, shared the turn lane with the motorist turning left onto Pleasant Ridge Road. She stated the lane was very short and allowed little stacking which in turn backed traffic into the travel lanes of Cantrell Road both east and west bound. She provided the Commission with photos of the blocked intersections with vehicles trying to make the respective left turns. Ms. Gavin stated she had requested information from the Police Department and there were 84 accidents on Cantrell Road in this area in 2012. She stated the problem was blocked intersections and if there was a green light for Southridge to exit onto Cantrell Road at times this was difficult due to cars blocking the intersection and not obeying the traffic rules. She stated motorist would use the Delta Bank as a cut-thru to avoid the Cantrell Road/Southridge intersection. April 18, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-1716-G 15 Ms. Gavin stated the Commission approved a two story building just to the east on the corner of Woodland Heights and Cantrell which would also increase traffic in the area. She stated the shopping center had also increased traffic in the area. She stated the entrance and exit from Southridge was the only access to the neighborhood which contained 470 homes. Ms. Ruth Bell, League of Women Voters, addressed the Commission in opposition of the request. She stated the League had been long time supporters of Long Range Planning. She stated the Long Range Plan did not support this intensity of use. She requested the Commission support the City’s Long Range Plan and deny the request. Mr. Joe White addressed the Commission stating the developer of Pleasant Ridge Town Center had requested from the Highway Department access to the light for this property as well as the property to the east. He stated AHTD denied the request. He stated the Mayor had written a letter requesting AHTD reconsider their decision to no avail. He stated the current developers had met with the Director of AHTD and made a request once again and he once again did not support the driveway connecting the two northern properties to the light at the entrance to the shopping center. He stated the Highway Departments concern was thru traffic on Highway 10. He stated they had little to no concern over providing access to adjacent properties. He stated access to Southridge was critical to development of the property. He stated the access to Southridge was required to allow motorist to exit the development and continue east. Mr. White stated this development was less intensive from a traffic standpoint than an office building. He stated this development would generate 40 percent less trips than the previously approved office building. He stated the office trip generation would be in the AM and PM when residents of Walton Heights were leaving for work or school and returning home in the evening. He stated if the site was developed with a restaurant the peak would be around noon. He stated Verizon opened at 10 AM. He stated with the current development the peaks did not coincide. He stated this development was the lowest impact development which the Commission had considered for this site. Mr. Hargraves addressed the Commission stating it appeared traffic was the neighborhoods biggest concern. He stated this development was not open in the morning and would generate far fewer trips than the proposed office building. Staff questioned the hours of operation provided with the application request. The applicant stated the hours were a broad range to allow for flexibility. He stated some retailers would have an early morning sale. He stated the 7 am was not typical operating hours for the development as proposed. April 18, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-1716-G 16 The Commission questioned staff concerning the driveway location. Staff stated they desired the drive to be more centered on the property to reduce conflicts of automobiles exiting on Cantrell Road from the shopping center and turning into the site from Cantrell Road. Mr. White stated the driveway location was shown as approved by AHTD. There was a general discussion by the Commissioners concerning access and traffic in the general area. The Commissioners noted the traffic was already there and was only going to increase. The Commissioners stated they felt this development would generate far fewer trips than an office building and would generate trips during off peak times for residents trying to get to and from their homes. Ms. Gavin stated when the office building was approved 13 years ago there was not a shopping center to the south. She stated the area had experience a great deal of growth in the past 10 years and all the growth had brought additional vehicles to the area. Ms. Gavin stated not all property had to be developed. She questioned why the fire station could not purchase the property and expand their facility. There was a motion to approve the request including all staff recommendations and comments excluding Public Works comments 9 and 10 and except for the staff recommendation of denial. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. April 18, 2013 ITEM NO.: 1 FILE NO.: S-1695 NAME: Mopper Woods Preliminary/Final Plat LOCATION: Located on the East side of E. Shore Drive, across from 7 and 9 E. Shore Drive DEVELOPER: Susann Szmania 1816 Alberta Drive Little Rock, AR 72227 ENGINEER: BTE Engineers 1510 South Broadway Little Rock, AR 72202 AREA: 33,000 square feet NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 3 – West Little Rock CENSUS TRACT: 22.03 VARIANCES/WAIVERS REQUESTED: Section 31-231 Lots developed utilizing private streets A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The development involves the replatting of four lots, an adjacent reserved half street, and an adjacent alley into two tracts for the purpose of preserving the property in its natural state. No development of the property is planned. The owner/subdivider is requesting variances for the requirement of public street frontage to allow the use of a private street for access. Access to the two tracts will be from E. Shore Drive, an existing private street. Tract A will include a 30-foot access and utility easement to serve Tract B. April 18, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1695 2 B. EXISTING CONDITIONS: E. Shore Drive is a narrow substandard street extending from Leatrice Drive to its terminus in a cul-de-sac. There are approximately four (4) homes located on E. Shore Drive. The homes abut Foreman Lake. There are a significant number of trees located on the property proposed for replatting. Access to the newly created lots will be from E. Shore Drive. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners were notified of the public hearing. There is not an active neighborhood association located within this general area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Per 2006 International Fire Code a 20 foot paved surface from Leatrice Drive to the subject property should be provided. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension, with easements, required for this project. Contact Little Rock Wastewater for additional information. Entergy: Electric utility easement specifics will be worked out at time of line extension. Contact Entergy for additional information. 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. 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. 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. April 18, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1695 3 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: No comment. G. SUBDIVISION COMMITTEE COMMENT: (March 27, 2013) The applicants were present representing the request. Staff presented an overview of the development stating there were no outstanding technical issues associated with the request. Staff noted Public Works comments that a 20 foot paved surface from Leatrice Drive to the subject property should be provided. Staff stated the development was a replat of four existing lots into two tracts and since all the property did not have direct access to Leatrice Drive providing a secondary access was not possible. 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: There were no outstanding technical issues associated with the request in need of addressing based on comments raised at the March 27, 2013, Subdivision Committee meeting. The applicant is requesting to replat Lots 1 – 4 Block 9 of the Rose City Addition to the City of Little Rock into two tracts, Tract A and Tract B. The applicant has indicated the lots will not be developed. Based on the current zoning, future sale of the lots would allow the development of a single- family home on each of the individual tracts. Tract A is indicated as 120-feet by 150-feet containing 0.41 acres. Tract A includes a 30-foot access easement along E. Shore Drive to provide for additional paving and utilities should they become necessary. Tract A includes a 30-foot access and utility easement along the southern boundary to provide access to Tract B from E. Shore Drive. Tract B is indicated as 100-feet by 150-feet containing 0.34 acres. April 18, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1695 4 E. Shore Drive is a private drive extending from Leatrice Drive to the south to access four existing homes on the west side of E. Shore Drive and two (2) undeveloped parcels located on the east side of E. Shore Drive. The private access turns at the south end of the lots proposed for replatting and extends to the east ending at the western boundary of Lot 77 Sheraton Park Addition. The private access drive contains 12-feet of pavement. Staff is supportive of the proposed replat to allow the creation of two (2) tracts from four (4) previously platted lots. Staff feels the current access to the lots is adequate to serve the lots. Although, the applicant has indicated the lots will not be developed at this time, the lots are zoned for single-family and there is not been a deed restriction on the future development of the two tracts with residential units. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the replatting 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. PLANNING COMMISSION ACTION: (APRIL 18, 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. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 2 FILE NO.: S-1696 NAME: Sims Subdivision Preliminary Plat LOCATION: Located between 16115 and 16223 Crystal Valley Road DEVELOPER: Monica Hamilton 6 Timber Side Cove Little Rock, AR 72204 Tangie Sims 1109 Giles Street Little Rock, AR 72204 Veronica Austin P.O. Box 191493 Little Rock, AR 72214 ENGINEER: McGetrick Engineering 11419 Stagecoach Road, Suite 2100 Little Rock, AR 72210 AREA: 11.16 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 17 – Crystal Valley CENSUS TRACT: 42.21 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-2 to allow the creation of pipe stem lots inconsistent with typical standards established by the Ordinance. 2. A variance from Section 31-232(f) to allow the creation of pipe stem lots. April 18, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1696 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting preliminary plat approval for the Sims Subdivision located on Crystal Valley Road. The project consists of 11.16 acres and has been deeded into three tracts to distribute property as a part of an inheritance. The two rear tracts are currently landlocked. The applicant is requesting to create two pipe stems lots to allow access to the two rear lots. Each of the pipe stems are proposed 30-feet in width. Within the 60-feet a 50-foot access and utility easement will be provided to allow utilities and a driveway to access the rear lots. Each of the lots is indicated as 3.62 acres. The property is located outside the City limits of Little Rock but within the City’s Extraterritorial Planning Jurisdiction. The applicant has indicated each of the lots will provide individual septic systems for wastewater treatment. B. EXISTING CONDITIONS: The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. The area is primarily single-family located on large lots or tracts. There is a large multi-family development located to the southeast on Colonel Carl Miller and Baseline Roads. To the north is a large lot single-family subdivision, Plantation Acres. Crystal Valley Road is a two lane road without sidewalks and open ditches for drainage. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area resident. All abutting property owners, the Crystal Valley Property Owners Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Crystal Valley 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. April 18, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1696 3 E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Located outside the City’s service boundary. Provide a letter from the County Sanitarian stating the lots will perk as proposed or provide the alternate means of wastewater treatment for the proposed lots. An approval letter from Arkansas Department of Health will be provided to the City and County at the time of construction of the new homes on the individual lots. Entergy: Electric utility easements to each lot will be acquired when construction commences and specific service requirements are known. Contact Entergy for additional information. 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 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. 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. A Capital Investment Charge based on the size of meter connection(s) will apply to this project in addition to normal charges. 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. Provide a letter from the area Volunteer Fire Department indicating their knowledge of the proposed preliminary plat. County Planning: No comment received. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. April 18, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1696 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (March 27, 2013) Mr. Pat McGetrick 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 a dedication of right of way was required on Crystal Valley Road to 45-feet from centerline. 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 to staff addressing the issues raised at the March 237, 2013, Subdivision Committee meeting. A dedication of right of way 45-feet from centerline along Crystal Valley Road will be provided to comply with the minimum standards of the Master Street Plan. The applicant is working to secure a letter of approval from the area volunteer fire department for the proposed platting of the three residential lots from this 11+ tract. The property is located outside the City’s incorporated boundaries but is located within the City’s Extraterritorial Planning Jurisdiction. The ordinance states lots are to develop with a minimum criteria as established by the zoning district. In this case the lots will not be served by a municipal wastewater system and will rely on individual septic systems for wastewater disposal. At the time of construction of a new home on the individual lots the owner will provide to the City and County Planning Departments approval of the septic/wastewater treatment plant from the Arkansas Department of Health. The property was family property and has previously been deeded to the children. The current owners are requesting approval of a preliminary/final plat to correct the illegal subdivision and to allow for future development of homes on the individual tracts. The property owners have indicated a desire to create lots utilizing the pipe stem method which allows for all the lots to have a minimum access on Crystal Valley Road and in this case Tracts 2 and 3 will have a minimum lot width of 30-feet on Crystal Valley Road. Within the pipe stems for Tracts 2 and 3 (60-foot total width) there will be a 50-foot access and utility April 18, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1696 5 easement to provide driveway access and future utilities to the rear lots. Tract 1 has frontage on Crystal Valley Road. To allow the development of the pipe stem lots requires a variance from the City’s Subdivision Ordinance. Section 31-2 – Definitions, defines a pipe stem lot as follows: Lot, pipe stem means a tract of land which is served for access, legally and physically by a narrow strip of land less than the ordinance required minimum lot width. The body of a pipe stem lot is typically an elongated figure or a polygon capturing a difficult building site behind another lot. For purposes of a variance of subdivision design for a pipe stem lot the following minimum dimensions will control: (1) The minimum width of the stem at the street right-of- way shall be thirty (30) feet. (2) The maximum depth of a pipe stem lot, including the stem shall be limited to three hundred (300) feet. (3) The minimum width of the lot body shall be sixty (60) feet. (4) The minimum lot area shall be ten thousand (10,000) square feet. Section 31-232(f) states pipe stem lots shall be prohibited in residential subdivisions. The property is 369.91-feet wide by 1,313.06-feet deep. Tract 2 is indicated with a depth of 926.36-feet and Tract 3 with a depth of 1,313.06-feet. Based on the current configuration of the property it is difficult to comply with the maximum depth standards established by the ordinance for the creation of a pipe stem lot and allow for the division of the property to the three (3) family heirs. Staff is supportive of the request. Staff does not feel the subdivision of the land and the creation of the pipe stem lots as proposed will significantly impact the area. Each of the lots are indicated in excess of 3.5 acres and the width of the pipe stem is in compliance with the City’s Subdivision Ordinance. 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 31-2 and 31-232(f) to allow the creation of pipe stem lots in a manner inconsistent with the typical standards established by the Subdivision Ordinance. PLANNING COMMISSION ACTION: (APRIL 18, 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 April 18, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1696 6 the agenda staff report. Staff presented a recommendation of approval of the variance request from Sections 31-2 and 31-232(f) to allow the creation of pipe stem lots in a manner inconsistent with the typical standards established by the Subdivision Ordinance. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 3 FILE NO.: S-101-B NAME: Sustainable Properties Subdivision Site Plan Review LOCATION: Located at 100 Gamble Road DEVELOPER: Sustainable Properties LLC 100 Gamble Road Little Rock, AR 72211 ENGINEER: Crafton Tull and Associates Brad Peterson, PE 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 AREA: 0.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 41.18 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 36-281(d)(3) to allow a reduced rear yard setback; 15-feet required per the zoning ordinance 10-feet proposed. 2. A variance from Sections 30-43 and 31-210 to allow the driveway location nearer the property line than 250 feet from other driveways and streets and 125 feet from the property line. The applicant submitted a request dated April 2, 2013, requesting withdrawal of this item. Staff is supportive of the withdrawal request. April 18, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-101-B 2 PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 2, 2013, requesting withdrawal of this item. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 4 FILE NO.: Z-4403-G NAME: Arkansas Pathology Association Short-form PD-O LOCATION: Located at 1303 Aldersgate Road DEVELOPER: Arkansas Pathology Associates PA 6101 St. Vincent Circle Little Rock, AR 72215 ENGINEER: Crafton Tull and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 ARCHITECT: Cromwell Architects Engineers 101 South Spring Street Little Rock, AR 72201 AREA: 1.721 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: MF-24 – Multi-family 24 units per acre ALLOWED USES: Multi-family PROPOSED ZONING: PD-O PROPOSED USE: Medical Laboratory VARIANCES/WAIVERS REQUESTED: 1. A variance from Sections 30-43 and 31-210 to allow the driveways on Aldersgate Road to be located less than 125-feet from the property line. 2. A variance from Section 36-522(3) to allow a reduced street buffer adjacent to I-430. The applicant submitted a request dated April 3, 2013, requesting deferral of this item to the May 30, 2013 public hearing. Staff is supportive of the deferral request. April 18, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-4403-G 2 PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 17, 2013, requesting withdrawal of this item. Staff stated the withdrawal request would require a waiver of the Commission’s By-laws with regard to the late withdrawal requests. 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 deferral request. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position The Chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 5 FILE NO.: Z-4923-M NAME: Shackleford Crossing Lot 5B Revised Short-form PCD LOCATION: Located on the Northwest corner of Crossing Court and Shackleford Road DEVELOPER: Shackleford Crossing Investments LLC 209 Deauville Place Little Rock, AR 72223 ENGINEER: B&F Engineering 928 Airport Road Hot Springs, AR 71913 AREA: 1.70 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2 and O-2 Uses PROPOSED ZONING: Revised PCD Lot 5 PROPOSED USE: Hotel VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four (4) out parcels along the Shackleford Road frontage, with three (3) main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 2 Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one (1) of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen (16) lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. All the conditions that were a part of the approved Conceptual PCD were incorporated into the submittal with one (1) revision. The one (1) change requested from the prior conditions was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. On May 8, 2008, the Little Rock Planning Commission recommended approval of a request to allow a revision to the previously approved PCD for a 2.2-acre parcel located near the southeastern portion of the site immediately south of the proposed Wal-Mart retail store. The approval allowed for development of a four (4) story 92 room hotel with paved drives and parking. The hotel was not proposed with any amenities such as conference rooms, a restaurant or a bar. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. The Board of Directors approved the request on June 3, 2008, by the adoption of Ordinance No. 19,980. On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the conditions. The modifications include the addition of Conditional Uses in the O-2, Office and Institutional Zoning District to the allowable uses for the office portion of the development and to increase the amount of restaurant square footage approved for the development. The revision allowed 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. The approval also allowed a hotel on Lot 11 which is located near the southwest corner of the site. The hotel was indicated with a maximum of four (4) stories and 87 rooms. The hotel would not have a restaurant or bar associated with it but a 1,200 square foot meeting room was proposed. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 3 On January 8, 2009, the Little Rock Planning Commission denied a request by Cracker Barrel to allow the placement of temporary storage modules within the rear parking area of the restaurant to serve as temporary inventory storage for seasonal sales. The denial was not appealed to the Board of Directors for reconsideration. On February 25, 2010, the Little Rock Planning Commission was to hear a request to allow the development of Lot 5B (an out-parcel located on South Shackleford Road) with a four (4) story hotel containing 84 rooms. The applicant withdrew the item prior to the Commission hearing the request. Ordinance No. 20,282 adopted by the Little Rock Board of Directors on June 15, 2010, allowed a revision to the PCD to allow the construction of a four (4) story hotel containing 72 guest rooms on a 1.8 acre lot within Shackleford Crossing Subdivision. The development was proposed containing 80 parking spaces. The hotel was proposed as a LaQuinta Inn and Suites. The hotel was proposed with a meeting facility and indoor pool area but did not include a full service restaurant or bar. This hotel was not constructed. Ordinance No. 20,425 adopted by the Little Rock Board of Directors on April 19, 2011, allowed a revision to the PCD by splitting Lot 4B into Lots 4B-R2 (+/- 0.81 acres) and 4D (+/- 1.0 acres). The approval allowed an express tunnel carwash to be developed on Lot 4B-R2. The carwash has been constructed. On October 16, 2012, the Little Rock Board of Directors adopted Ordinance No. 20,647 allowing a modification to the previously approved pylon signs. The height nor the width of the existing signs changed. The height of the signs was 35-feet with a signage area of 340 square feet. The approval added additional panels to the lower portion of the sign which were open. The additional space added up to eight (8) panels on each pylon sign. Each panel was two (2) to three (3) feet tall and ten (10) feet wide. The maximum additional sign area approved was 240 square feet On December 13, 2012, the Planning Commission provided a recommendation of approval for a revision to the PCD for Lot 5B to allow the construction of a 4-story 82-room hotel. The maximum building height indicated was 60-feet. The cover letter stated within the hotel there would be meeting room space, a business center, a fitness center and a lobby bar. The hotel would offer an evening manager’s reception. The applicant requested the item not be forwarded to the Board of Directors for final approval. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to amend the PCD zoning for Lot 5B to allow the construction of a hotel with a maximum height of 60-feet. The hotel will include a continental breakfast area and a fitness center. There are no plans to include a April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 4 hotel bar or restaurant. A manager’s reception area is proposed to occasionally serve beer and wine. A total of 93 parking spaces will be provided, including four (4) handicap spaces per ADA requirement. The total lot area is 1.70 acres or 74,104 square feet. The proposed hotel building will cover 14 percent of the site. The proposed parking, driving and sidewalk areas cover an additional 46 percent of the site. The remaining 40 percent of the site is set aside for landscaping and buffer zones. In order to comply with the provisions set forth in the Bill of Assurance regarding the Camp Aldersgate property, the proposed light poles will be limited to a height of 30-feet and directed downward into the site. The wall mounted building signage will be turned off at midnight. There will be no wall mounted building signage on the eastern façade. All signage will be incorporated in a manner that will adhere to all the signage ordinances set forth by the approved PCD. A ground level mounted sign with landscaping will be provided at a location in line with the existing Boomerang Carwash signage with a maximum height of six (6) feet and a maximum sign area of sixty-four (64) square feet. B. EXISTING CONDITIONS: The shopping center has developed with a mix of retail uses including a Wal-Mart store within the southern portion of the commercial development area. Comcast is located within the development and two (2) hotels have been constructed within the office portion of the development. Along Shackleford Road there are several restaurants and an express tunnel carwash located on out-parcels. Other uses in the area include Camp Aldersgate, a vacant property to the southeast approved as a PCD for a mixed use development containing residential, office and retail uses. 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 and the John Barrow Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required to be installed adjacent to Crossing Court in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 5 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide proposed wall elevations. 4. 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 available to this project. Capacity Contribution Analysis is required. Contact Little Rock Wastewater Utility for additional information. Entergy: Final utility easement for line extension will be determined at the time of service request. Contact Entergy for additional information. 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. 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 April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 6 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; 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 I-430 District. The Land Use Plan shows Mixed Office Commercial (MOC) for this property. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for an amendment to the current PCD (Planned Commercial District) Zoning to allow for development of a hotel on this site. Master Street Plan: Shackleford Road is a Minor Arterial and Crossing Court is a Local Street on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Shackleford Road since it is a Minor Arterial. 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: There are no bike routes shown in the immediate vicinity. April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 7 Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street trees will be required in areas they are not already in place. Otherwise, areas set aside for landscaping and buffer meet minimal City ordinance requirements. 3. An automatic irrigation system to water landscaped areas will be required. 4. 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. 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: (March 27, 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 details of the proposed signage plan including locations of building signage. Staff questioned if there would be a managers reception area included with the proposed hotel. Public Works comments were addressed. Staff stated the sidewalk should be extended along the western perimeter of the site to the northern property line. Staff also stated prior to construction of any retaining walls approval from staff was required. Landscaping comments were addressed. Staff stated street tress were required along Shackleford Road. Staff also stated an automatic irrigation system would be required to water landscaped areas. Staff stated prior to the issuance of a building permit a certified 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. April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 8 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing a number of the issues raised at the March 27, 2013, Subdivision Committee meeting. The applicant has indicated there will be a manager’s reception area that will on occasion have beer and wine available for the guest. The development is proposed as a five story 93-room hotel. The maximum building height proposed is 60-feet. The site plan indicates the placement of 93 parking spaces. The maximum building height allowed per the approved PCD ordinance was 45-feet with a condition the height may be increased to 60-feet upon approval by the Planning Commission. The approved PCD ordinance allows for a maximum sign height and area for the “office portion” of the development of six (6) feet in height and sixty-four (64) square feet in area. The applicant has indicated a note on the site plan noting the sign with a maximum height of six (6) feet and a maximum sign area of sixty- four (64) square feet. Lighting for this sign will comply with previous agreements for the development. Based on the total square footage of the building the approved PCD allows for building signage on two (2) facades of the building. The applicant has indicated wall signage will be placed on the northern and western facades of the building. Signage is not proposed on the eastern façade. The percentage of northern façade coverage is approximately 0.8%. The percentage of western façade coverage is 2.0%. The applicant has indicated the northern facing sign will be turned off at midnight every day to be a good neighbor to the adjacent property owners. The original approval limited the pole height of parking lot lighting to 30-feet. The site plan does include a note indicating the maximum pole height of parking lot lighting is to be 30-feet. A note also indicates all site lighting will be low level and directional, directed downward and into the site. The ordinance approving the PCD states in addition to the typical dumpster screening any dumpster or trash receptacle located in a highly visible area must also provide landscaping or earthen berms to soften the screening walls. The applicant has indicated a note on the site plan stating the required landscaping will be provided. Per the approved PCD the servicing of dumpsters is limited to daylight hours. The ordinance for a hotel development requires the placement of one parking space per guest room and an additional ten (10) percent of the total parking spaces required for developments larger than twenty rooms for employees and April 18, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4923-M 9 non-guest users patronizing meeting rooms, restaurants and other facilities. The development is proposed with 93 rooms. The applicant has indicated there will not be an area for meeting room space. The request does include the allowance of a manager’s reception area to occasionally serve beer and wine to guests. Based on the typical ordinance standards a total of 106 parking spaces would be required to serve the hotel. The site plan is indicated with 93 parking spaces. Although the parking is less than the ordinance typically requires for a hotel development, staff does not feel the lesser number of parking spaces will adversely impact the development and is supportive of the parking as proposed. Staff is supportive of the request. With the approval of the PCD, O-2, Office and Institutional District uses as well as the Conditional Uses within the O-2 Zoning District were approved for the “office” or this portion of the development. A hotel is an allowable Conditional Use within this classification. Staff feels the developer has done an adequate job in addressing the site plan issues and providing landscape strips and buffering in compliance with the originally approved PCD. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. 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. PLANNING COMMISSION ACTION: (APRIL 18, 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. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 6 FILE NO.: Z-5258-E NAME: Rock Creek Crossing Revised Short-form PCD LOCATION: Located at 12206 West Markham Street DEVELOPER: Rowan Development, LLC 15 Shackleford Drive, Suite H Little Rock, AR 72211 ENGINEER: Crafton Tull Sparks 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 SURVEYOR: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 2.96 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-3, General Commercial District & O-2, Office and Institutional District PROPOSED ZONING: Revised PCD PROPOSED USE: C-3, General Commercial District & O-2, Office and Institutional District – Add a drive through window to each of the buildings proposed for the site VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: In 1994, the City of Little Rock Board of Directors approved Ordinance No. 16,762 which rezoned a portion of the property from C-2 to C-3. In January of 1993 a Short- form PD-C was approved for a one-story retail building containing approximately 7,553 April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 2 square feet. The PCD approved tenant for the site is ABRA Auto Body and Glass Shop. Access to Lot 1 is from West Markham via a 25-foot drive through Lot 2. Ordinance No. 17,468 adopted by the Little Rock Board of Directors on May 6, 1997, established THJR Addition Lot #2 Short-form PCD, creating a two lot plat and a rezoning to allow an automobile sales lot. Lot 2 has developed with a 13,200 square foot building with 209 parking spaces. The building consists of 9,000 square feet on the first floor for sales and service with an additional 3,600 square feet on the second floor for parts and general office. As a condition of approval the applicant agreed to no outdoor paging, the hours of operation to be from 7:00 am to 7:00 pm, all vehicles were to be unloaded on site, the lighting was to be directional on 25-foot poles and no automobile body work was to be performed on Lot 2. Resolution No. 11,526 of the City of Little Rock Board of Directors dated June 3, 2003, authorized the purchase of a 1.74-acre tract of land from the City of Little Rock by the applicant. Subsequently, Ordinance No. 19,022 was adopted by the Little Rock Board of Directors on January 6, 2004, which allowed the rezoning of the 1.74-acres of property from OS, Open Space to PCD. The area was included in the previously approved PCD. The development was proposed as a two phase development. The first phase would consist of a 7,200 square foot service facility and approximately 80 parking spaces. The second phase was to be a parking expansion consisting of 85 spaces. The spaces would be used for inventory as well as parking for cars waiting to be serviced. The new building was not constructed on the site. The automobile dealership subsequently vacated this site. Ordinance No. 20,557 adopted by the Little Rock Board of Directors on March 27, 2012, allowed a revision to the previously approved Planned Commercial Development. The revision added restaurant, retail and business office uses as allowable uses for the site. There was an existing building containing 9,773 square feet which housed the showroom and service area for the former automobile dealership. The applicant proposed to remodel the existing space to be used as C-3, General Commercial District and O-2, Office and Institutional District uses. The development also consisted of construction of a single story 7,377 square foot building located directly to the west of the existing structure. This building was proposed with C-3, General Commercial District and O-2, Office and Institutional District uses as allowable uses. The approval limited the two buildings along West Markham Street to a total of 8,000 square feet of restaurant space. April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 3 The development was proposed with the future construction of a 20,000 square foot two-story office building in the northeast corner of the property. The building contained O-2, Office and Institutional District uses along with the permitted ten percent accessory uses within the structure. A total of 164 parking spaces were provided to serve the three buildings. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is a supplement to the PCD approval received in 2012 with a request to add a drive-thru window on the east side of the existing building situated on the eastern portion of the property as well as a drive-thru window on the west side of the proposed new construction building on the western portion of the property. These requests are being made in order to accommodate the needs of tenants that have executed leases. The current PCD application proposes three changes to the previous PZD application. 1) The allowance of the aforementioned drive-thru windows. 2) the allowance of a proposed billboard sign that will be placed on a parking island near the southwest corner of the property. 3) The removal of a proposed office building from the zoning application. B. EXISTING CONDITIONS: The former automobile dealership has vacated the building. There is an auto body repair shop located on an adjacent lot to the former automobile dealership accessed via a shared access drive with this development. The single drive extends from West Markham Street to the north across this developments parking lot and to the rear of the body shop building. The plat of record includes the cross access easement for the two lots. The northern boundary of the site is the Rock Creek. The western boundary is a commercial center including Home Depot, Target and Chick-fil-A. Other uses in the area include shopping centers to the south which include a mixture of uses including general retail, a convenience store and restaurants. The area to the east is property zoned PR, Parks and Recreation, owned by the City. 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 Parkway Place Property Owners Association and the Gibraltar Heights/Pointe West/Timber Ridge Property Owners Association were notified of the public hearing. April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 4 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. 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. 3. If disturbed area is 1 or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 4. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 5. The minimum Finish Floor elevation of at least 1 foot above the base flood elevation is required to be shown on plat and grading plans. 6. Show the floodplain delineation on the future development plan. 7. Insufficient vehicle backing area is shown on the southeast and southern portion of the site where vehicles will stack in the proposed drive thru. 8. Provide a traffic study showing the projected vehicles accessing and stacking due to the restaurant drive thru lanes. Actual times should be considered to service vehicles in the drive thru. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: 1. It does not appear the building is located outside the Transmission Line Right of way. However, EAI will need details on any and all lighting, other attachments to the building that may potentially violate the horizontal or vertical clearances required under National Electric Safety Code. EAI’s intentions here are to make sure your plans, during construction and once fully operating, do not propose a safety risk to you or your customers or any one that may be performing maintenance to these facilities in the future. April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 5 2. Additional information is needed, concerning the proposed sign. In order for EAI to grant permission for any sign to be located inside the Transmission Line Right of way a detailed dimension description is required. Also, if freestanding lighting is being considered for the parking area, EAI must review the height specifications. 3. The Box indicated on the west side of the proposed 6,000 square foot retail/restaurant is not labeled and EAI can only assume this may be a dumpster or small building. If this is the case, it must be relocated outside the 80-foot Transmission Line Right of way because the way dumpsters are usually emptied by overhead dumping. 4. EAI’s engineering department was not able to locate any elevation details about the development within Right of way. It is imperative that we review any and all elevation changes that will take place within the Transmission Line Right of way. If the building and sign are to be relocated outside and adjoining the 80-foot Right of way, EAI requests to review those detailed plans as well to make sure there is no hazard or clearance issues present. 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 50-foot wide right of way for the raw water line is owned by Central Arkansas Water (deed recorded Book 242, Page 404 on July 23, 1936 and transferred to Central Arkansas Water in Document 2001051904 recorded July 3, 2001) and an easement from Central Arkansas Water will be required in order to allow for access and paving of this exception. A 16-foot wide utility easement will be required (in line with the water line easement platted as part of Lot 1 THJR Addition) to accommodate the existing 12-inch water line (installed outside easement recorded Book 1415 Page 323, recorded November 15, 1976, and obtained in conjunction with Improvement District 325). Water service and fire protection to this tract will be provided through a separate connection off the 12-inch main, unless this area is platted as part of Lot 2, THJR Addition. 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 systems to Central Arkansas Water for April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 6 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 the 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 tests of the assembly must be completed by a Certified Assembly Tester licensed in 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; 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 #5 – the West Markham Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal 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, 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 revision to the currently approved site plan for the PCD (Planned Commercial District)) to allow a modification to the approved retail/restaurant square footages and add a drive-thru pick-up window on the site. The current plan as removed the proposed office building from the proposed site plan. Master Street Plan: West Markham is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 7 Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on West Markham since it is a Minor Arterial. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class I Bike Path is shown along Rock Creek (north of the site). A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of-way or/and easement is recommended. Twelve-foot paths are recommended along creeks and as independent paths. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. If parking along West Markham Street and the east is eliminated with the change then the areas need to be allocated as green space and landscaped accordingly. 3. If the landscape plan decreases in any capacity from CBC Case #623 then a new variance must be obtained. 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 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: (March 27, 2013) Mr. Jacob Chi was present representing the request. Staff presented an overview of the development stating there were additional items necessary to complete the review process. Staff stated the menu board speaker for the drive-through was to be screened via a wall unless otherwise approved as a part of the development plan. Staff also questioned the proposed signage plan, including building and ground signage. Staff questioned the distance of the proposed billboard from the property line as well as from the intersection with Chenal Parkway. Staff stated the previous approval limited the days and hours of operation to 6 am to midnight seven days per week. April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 8 Public Works comments were addressed. Staff stated the comments were reflective of the previous approval. Staff stated a grading permit would be required prior to the development of the site. Staff stated a special grading permit would be required for flood hazard areas. Staff stated a new comment was the request to provide a traffic study showing the projected vehicle accessing and stacking due to the restaurant drive-thru lanes. Landscaping comments were addressed. Staff stated the City Beautiful Commission previously granted a variance for the West Markham Street frontage. Staff stated if the revision to the plan altered the City Beautiful Commission variance request the applicant was to file a new application before the City Beautiful Commission to revise their approval. Staff stated an automatic irrigation system to water landscaped areas would be required. Staff also 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. H. ANALYSIS: The applicant submitted a revised site plan and cover letter to staff addressing a number of the issues raised at the March 27, 2013, Subdivision Committee meeting. The applicant is requesting to not screen the menu board for both the proposed drive-through windows, provided the signage plan and indicated the days and hours of operation. The applicant has removed the proposed office building located in the northern portion of the site and indicated the area with additional parking and landscaping. The current request is a supplement to the PCD approval received in 2012 with a request to add a drive-thru window on the east side of the existing building situated on the eastern portion of the property as well as a drive-thru window on the west side of the proposed new construction building on the western portion of the property. Staff has worked with the applicant to resolve concerns with the parking layout on the eastern building. The parking spaces along West Markham Street are to be parallel spaces to allow sufficient maneuvering area on the site. The request also includes the allowance of a billboard within the front landscaped areas. The billboard is proposed with an overall pole height of 30-feet with a sign area 10-feet by 20-feet. The billboard is proposed as an electronic billboard. The message must comply with the electronic message sign guidelines April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 9 established by the City. On a single line display board, there must be no less than two seconds between message line changes. On double one or greater display boards, there shall be no less than five seconds between message changes. The billboard is located 14.5 feet from the right of way line. The billboard is located 775 feet from Chenal Parkway. Section 36-556, off-premises signs states Billboards shall only be allowed in C-3 and C-4 commercial zones, and I-2 and I-3, industrial zones. The property is zoned PCD. In staff’s opinion the billboard is not allowed per the ordinance. All site lighting will remain in place. Any additional lighting will be placed on the site similar to the existing lighting. The existing lighting does not overspill onto adjacent properties. The existing building contains 9,773 square feet and housed the showroom and service area for the automobile dealership. The applicant is proposing to remodel the existing space to be used as C-3, General Commercial District uses. Within the building, the applicant has indicated restaurant space will be available. The amount of space will be dependent on the proposed new building located to the west. A single story building located directly to the west of the existing structure is proposed to contain 6,000 square feet. This building is proposed with C-3, General Commercial zoning district uses as allowable uses. The applicant has indicated within this building and the existing building a combined total of 8,000 square feet of restaurant space will be available. A total of 126 parking spaces will serve the two buildings. The development is proposed containing a total of 15,773 square feet of leaseable space. Based on the typical parking requirements for a mixed use (shopping center development – 1 per 225 gross square feet) a total of 70 parking spaces is required. Parking calculated with the allowance of 8,000 square feet of restaurant space and 7,773 square feet of general retail space would require 105 parking spaces (80 spaces restaurant and 25 spaces general retail). The parking as proposed is adequate to serve the proposed use mix. The development is proposed with a “landmark” sign equal in size to the existing sign. The sign will not exceed signage allowed in commercial zones or a maximum of 36-feet in height and 160-square feet in area. Building signage will be placed on the north and south facades of the two retail buildings. The signage will not exceed ten percent of the façade of each building. April 18, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-5258-E 10 The hours of operation for the development are proposed as 6:00 am to 12:00 am seven days per week. The front landscape strips are as approved by the previous site plan and the City Beautiful Commission. The applicant is not proposing to move the curb line in front of the existing building. The applicant will seek a franchise to place landscaping within the right of way as previously proposed and approved. Staff is supportive of the revisions to the site plan and the allowance of the addition of the drive-through facilities for the two buildings. Staff does not feel the applicant has the option of seeking approval for the billboard since the property is not properly zoned to allow the placement of a billboard. 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 the billboard be removed from the site plan. PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had removed the billboard request from their application. Staff stated they were now supportive of the request and 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. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 7 FILE NO.: Z-6278-E NAME: LA Fitness Chenal Parkway Revised Short-form PCD LOCATION: Located at 11700 Chenal Parkway DEVELOPER: David Schroeder 1000 Marietta Street, Suite 204 Atlanta, GA 30318 ENGINEER: Development Consultants, Inc. 2200 N. Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 4.8 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Sporting goods store PROPOSED ZONING: Revised PCD PROPOSED USE: Add fitness center as an allowed use VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 17,488 adopted by the Little Rock Board of Directors on May 20, 1997, established Sport’s Authority Long-form PCD. The PCD created a two lot plat with Sports Authority to be constructed on Lot 1. There were stipulations placed on signage, trash pick-up and building height in the original Planned Development. The sign was to be placed at the south access drive and be no more than 8-feet in height and 100 square feet in area. The lighting incorporated into the sign was to be “turned-off” after business hours. The maximum height of the building was to be a one-story building with a maximum parapet height of 20-feet. The trash was to only be removed from the site between 8:00 am and 5:00 pm Monday – Friday. April 18, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6278-E 2 The approval also included an office building to be located on Lot 2 with a maximum square footage of 7,200 square feet. There was not a specific user for Lot 2. The following list of permitted uses was approved: Bank or savings and loan, Church, Medical oriented clinic, such as health, dental, optical, psychiatric and other similar counseling or treatment facilities for the care of people, Community welfare or health clinic, Covent or monastery, Day nursery or day care center, Duplication shop, Family care facility, Laboratory, Library, art gallery, museum or similar public use, Office – general or professional, Photography studio, Private school, kindergarten or institutional for special education, School – business, Studio – broadcasting and recording, Studio – art, music, speech, drama, dance or other artistic endeavors, Travel bureau, No drive-thru facilities would be allowed. Ordinance No. 18,699 adopted by the Little Rock Board of Directors on June 4, 2002, allowed a revision to the previously approved Planned Commercial Development for Lot 2. The revision allowed an increase in the square footage of office space for the building and allowed a drive-thru pharmacy to be included as an allowable use. A 4,800 square foot medical clinic and a 2,500 square foot pharmacy were approved. The applicant proposed the pharmacy days and hours of operation to be Monday through Friday from 8:00 am to 7:00 pm and Saturday from 8:00 am to 5:00 pm. The clinic would be open from 8:00 am to 5:00 pm Monday through Friday. Ordinance No. 19,634 adopted by the Little Rock Board of Directors on November 21, 2006, revised the previously approved PCD for Lot 2. The approval allowed the pharmacy with drive-through window to be changed into a music recording studio with coffee service for the patrons of the studio and to be sold to the general public through the drive-thru window on the south side of the building. The request also included a change to the hours of operation for Studio Joe to 7:00 am to 11:00 pm seven days per week. The proposal included a building mounted sign entitled “Studio Joe” on the front and rear walls and to add a Studio Joe name to the existing monument sign on Autumn Road. There were no changes to the existing medical clinic and other conditions contained in the existing approved PCD. Ordinance No. 19,888 adopted by the Little Rock Board of Directors on December 4, 2007, allowed a revision to Lot 2 of the development by allowing the addition of a restaurant use with alcohol sales as an allowable use for Studio Joe’s. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PCD for lot 1 to add a fitness center as an allowed use. The applicant has indicated the fitness center operates between the hours of 5 am to 11 pm seven days per week. No additional uses are being requested. April 18, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6278-E 3 The revised site plan indicates an area which is currently paved along the western side of the building will be striped for addition parking. The existing dumpsters located within this area will be screened per the typical standard of Section 36-523. B. EXISTING CONDITIONS: The vacant commercial building formerly housed the Sports Authority sporting goods store. This lot was paved and landscaped with the initial construction of Sports Authority. On an adjacent lot is a medical office fronting on Autumn Road. At the intersection of Financial Center and Autumn Road is a strip retail center and restaurant. Across Autumn Road is a large shopping center containing Barns and Noble, Pets Smart and Toys R Us. There is also area east of the site which is vacant and zoned O-2. The area to the north is vacant R-2, Single-family zoned property but is identified as office on the City’s Future Land Use Plan. The property to the west is a Planned Commercial Development with a single building containing Best Buy and a second lease space which was recently approved for Whole Foods. The Birchwood Subdivision is located north of the site. 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 and the Birchwood Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 2. Perform any needed maintenance to the detention and drainage facilities prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No issues from Entergy. Center-Point Energy: No comment received. AT & T: No comment received. April 18, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6278-E 4 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas regarding procedures for installation of water facilities and/or fire service. 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. 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 Route #5 – the West Markham Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-430 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, 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 revision to the current PCD (Planned Commercial District) zoning to add the use of the site as a fitness center. The application is in the Chenal Design Overlay District. Master Street Plan: Chenal Parkway is a Principal Arterial and Autumn Road is a Collector 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 Chenal Parkway. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. April 18, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6278-E 5 Bicycle Plan: There is a Class III Bike Route shown along Autumn Road. Bike Routes require no additional right-of-way or pavement markings, but only a sign to identify and direct the route. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. If building rehabilitation exceeds fifty percent (50%) of the replacement cost then the landscaping and buffer must also come into compliancy accordingly. 3. This may include the addition of new interior islands, an automatic irrigation system, new plant material, etc. 4. All onsite, exterior features should be in good condition or repaired/replaced in conjunction with this application. This includes but is not limited to: Fencing, striping of parking lot, landscaping, irrigation, handicap signs up, dumpster enclosures, etc. 5. The property to the north is zoned residential so the land use buffer needs to be per code, screened year around or installed with this application. 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. 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: (March 27, 2013) David Schroeder was present representing the request. Staff presented an overview of the development stating there were a number of questions in need of addressing prior to the Commission approving the request. Staff questioned the days and hours of operation, the proposed use of the building and the proposed signage plan. Staff also questioned the maximum height of the architectural feature proposed for the building. Public Works comments were addressed Staff stated any broken curb, gutter or sidewalk damaged in the public right of way was to be repaired or replaced prior to occupancy. Staff stated all necessary repairs to the existing detention facilities would be required with the proposed redevelopment. April 18, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6278-E 6 Landscaping comments were addressed. Staff stated all interior landscaping was to be in good health and/or replaced with the redevelopment. Staff also stated all screening fences were to be repaired or replaced prior to the issuance of the certificate of occupancy. Staff stated the property to the north was zoned residentially and would require screening as well as a land use buffer to comply with code. Staff stated if the building rehabilitation cost exceeded fifty percent of the replacement cost of the building upgrades in landscaping would be required accordingly. 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 addressing staff’s concerns raised at the March 27, 2013, Subdivision Committee meeting. The applicant has indicated the facility is not a 24-hour facility but will operate from 5 am to 11 pm seven days per week. The applicant has stated all deliveries will be received between the hours of 6 am and 4 pm. The hours of dumpster service will be limited to between the hours of 8 am to 5 pm daily. The applicant states screening will be placed around the dumpsters as required by Section 36-523(d). The applicant is seeking approval to rehab the existing commercial building on Lot 1 to add a single use, health studio or spa, as an allowable use to the property. The proposal includes minor modifications to the exterior of the structure with the primary focus being interior renovations. The plan includes striping of an area behind the building, which is currently paved, to provide additional marked parking spaces. The plan includes 232 parking spaces, with the new striped area. Based on the parking typically required for a personal service establishment (1.0 space per 200 square feet of gross floor area) 216 spaces would typically be required. The ground sign located on Chenal Parkway will be refaced to identify the new business. The applicant states the sign location may be modified in the future. The owners will work with staff to best locate the sign. The total height and area will not exceed the standard established by the Financial Center/Chenal Parkway Design Overlay District. The building signage will also be modified to identify the new business. Building signage will be placed on the front of the building, east façade, and the south façade. Both sign locations have public street frontage. Each of the signs are proposed 5-feet high by 47-feet in length for a total sign area of 235 square feet. April 18, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6278-E 7 Modifications will be completed to the exterior of the building allowing a change in elevation on the southern wall to assist in breaking the massing of the wall. The maximum height of the elevation height off-set is 38-feet. A new “crown” entry feature will be added to the front of the building, the east side, over the entrance. The architectural feature will have a maximum height of 40-feet. The canopy is proposed constructed of metal. Additional bump-outs, glass features and color variations will be added to the front of the building to add visual interest to the building. The applicant has indicated based on the current calculation of the site one additional landscape island will be required to comply with the current landscape ordinance requirements. The applicant has also indicated irrigation will be added to the site to water landscaped areas. Based on the “average” width of 323.5-feet (the width of the front parking lot) the required six percent (6%) buffer would be 19.41-feet. The current buffer ranges from 19.9-feet to 20-feet. There is a six foot (6’) wooden screening fence located on the north property line. The applicant states the fence will not be replaced but rather repaired in areas where the fence was previously damaged. The applicant is requesting to amend the previously approved Planned Commercial Development to add a health studio or spa (fitness center) as an allowable use. The applicant is not seeking any additional alternative uses. The uses approved for this site would be a sporting goods store or a health studio or spa. Staff is supportive of the request. The applicant is not proposing the addition of any additional paved surfaces to the site nor any significant additions to the building which would increase the existing amount of impervious surface. The applicant has indicated all on-site detention will be brought into compliance with the current City code. Staff does not feel the addition of a health studio or spa as an allowable alternative uses for this site will have an adverse impact on the development or 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. April 18, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-6278-E 8 PLANNING COMMISSION ACTION: (APRIL 18, 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. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 8 FILE NO.: Z-6973-E NAME: Lots 2 and 3 the Village at Colonel Glenn Long-form PCD LOCATION: Located South of Colonel Glenn Road and West of David O Dodd Road DEVELOPER: Riverside Properties, LLC P.O. Box 3157 Little Rock, AR 72203 ENGINEER: White Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 8.04 acres NUMBER OF LOTS: 2 lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: O-3, General Office District and C-3, General Commercial District PROPOSED ZONING: PCD revocation and PCD zoning PROPOSED USE: Automobile dealership VARIANCES/WAIVERS REQUESTED: A variance from Section 30-43 and 31-210 to allow the driveway spacing on an arterial less than 300-feet from other drives and streets. Driveway spacing on commercial streets is to be 150-feet from the property line. A variance is required for the proposed driveways on Colonel Glenn, David O Dodd and Lawson Roads. BACKGROUND: Various zoning actions rezoned this property from R-2, Single-family to C-3, General Commercial District and O-3, General Office District. Ordinance No. 18,446 adopted by the Little Rock Board of Directors on March 20, 2001, rezoned a 7.7 acre tract to C-3, General Commercial District (2.96 acres) and O-3, General Office District (4.87 acres). April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 2 Ordinance No. 19,046 adopted January 20, 2004, rezoned one (1) acre from R-2, Single-family to C-3, General Commercial District and 1.74 acres to O-3, General Office District. Ordinance No. 19,253 adopted December 21, 2004, rezoned 1.087 acres from R-2, Single-family to C-3, General Commercial District. On January 20, 2005, the Planning Commission approved a Conditional Use Permit for convenience store with carwash on the corner of David O Dodd and Colonel Glenn Roads. The Little Rock Planning Commission approved a preliminary plat for a large portion of this site on April 22, 2004. The applicant requested a preliminary plat to subdivide 12.8 acres into 12 non-residential lots zoned O-3, General Office District and C-3, General Commercial District. The applicant indicated driveways would be shared for the majority of the lots. Common access drives were to provide circulation between the various lots and the public streets. The applicant indicated street improvements would be constructed per the Master Street Plan and the lots would be final platted individually as the market demanded. The applicant indicated street construction would be placed on the entirety of the street when any lot abutting the street was final platted. On January 20, 2005, the applicant proposed to revise the previously approved preliminary plat by changing the name of the proposed subdivision and adding a small sliver of property located adjacent to Colonel Glenn Road. The preliminary plat was originally filed as Colonel Glenn Center and the applicant wishes to name the proposed subdivision the Village at Colonel Glenn. The applicant indicated additional property located in the northeast corner of the proposed addition at the intersection of Colonel Glenn and David O Dodd Road. The proposed subdivision contained 13.9 acres of commercially and office zoned properties. The average lot size proposed was 150-feet by 300-feet or 1.03 acres. The minimum lot size proposed was 0.73 acres. Shared driveways and common private drives provided interior access to all the proposed lots. A preliminary plat was approved by the Little Rock Planning Commission at their August 16, 2007 public hearing. The preliminary plat allowed the creation of 10 lots. Lots 1 – 7 remained zoned C-3, General Commercial District. Lots 9 and 10 remained zoned O-3, General Office District and Lot 8 was the subject of the rezoning to PCD. Ordinance No. 1988 adopted by the Little Rock Board of Directors on September 18, 2007 created Lot 8 the Village at Colonel Glenn Long-form PCD. The development was proposed as a two story building with retail uses on the ground floor and office uses on the upper floor. Employee parking was to be provided in the rear of the building with customer parking in the front. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project contains 8.04 acres which is currently zoned C-3 and PCD, and is located near the southwest corner of Colonel Glenn Road and David O Dodd April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 3 Road. The applicant is proposing to relocate the Acura and Subaru automobile dealerships to the Colonel Glenn/I-430 area. The two dealerships will be on separate lots at this location. The Subaru dealership will be located on Lot 2, will have a building area of approximately 26,100 square feet, a lot size of 4.20 acres, and 300 parking spaces. The Acura dealership will be located on Lot 3, will have a building area of approximately 23,050 square feet, a lot size of 3.24 acres, and 212 parking spaces. B. EXISTING CONDITIONS: The area proposed for rezoning is vacant. There are single-family homes abutting Lawson Road in this area and there is a grocery store located at the intersection of Lawson Road and Colonel Glenn Road, which is not a part of the proposed rezoning request. Along a portion of the eastern boundary there is a convenience store and restaurant. Across David O Dodd Road is a vacant tract zoned C-3, General Commercial District. 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, Southwest Little Rock Neighborhood Association, the John Barrow Neighborhood Association, the Crystal Valley Property Owners Association and the Stagecoach Dodd Neighborhood Association were notified of the public hearing. 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. Due to the proposed use of the property, the Master Street Plan specifies that Lawson Road Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. Colonel Glenn 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. April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 4 4. 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 back of curb should be located 29.5 feet from the centerline. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Lawson Road including 5-foot sidewalks with the planned development. The back of curb should be placed 18 feet from centerline. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Colonel Glenn Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from centerline and match with curb to the east. 7. 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. 8. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 9. 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). 10. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 11. If disturbed area is 1 or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 12. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 13. 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. 14. Obtain permits prior to doing any street cuts or curb cuts. Obtain barricade permit prior to doing any work in the right-of-way. Contact Traffic Engineering at (501) 379-1805 (Travis Herbner) for more information. April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 5 15. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The width of a driveway must not exceed 36 feet. Driveway spacing on principal and minor arterial streets is 300 feet from other driveways and streets. Driveway spacing on a commercial street is 150 feet from the property line. A variance is needed for the proposed driveways on Colonel Glenn Road, David O. Dodd Road and Lawson Road. 16. Vehicle transport loading and unloading is not allowed on City streets. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension, with easements, required for this project. Contact Little Rock Wastewater for additional information. Entergy: Electric utility easements will be acquired at time of line extensions when final service requirements and locations are known. Contact Entergy for additional information. 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. 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 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 April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 6 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; 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 65th Street West Planning District. The Land Use Plan shows Mixed Office Commercial (MOC) for this property. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for a rezoning from C-3 (General Commercial District) to PCD (Planned Commercial District) to allow for the development of two auto dealerships on the site. Master Street Plan: David O Dodd is a Minor Arterial and Lawson Road is a Local Street on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on David O Dodd Road since it is a Minor Arterial. 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”. April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 7 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 Lanes are shown along David O Dodd 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. Interior islands must be a minimum of three hundred (300) feet in area to receive credit toward fulfilling landscape ordinance requirements. These islands must be evenly distributed throughout the site. 3. The landscape ordinance requires a nine foot (9’) wide perimeter landscape strip around the sites entirety. 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 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: (March 27, 2013) Mr. Tim Daters and Mr. Jim Hathaway were present representing the request. Staff presented an overview of the proposal stating there were few outstanding technical issues associated with the request in need of addressing. Staff questioned if the two lots would share an access along the common lot line. Staff stated the plan indicated ground signage for each of the lots. Staff stated building signage had not been identified. Staff requested Mr. Daters provide details of any proposed fencing to be located on the site. Public Works comments were addressed. Staff stated the driveways on Colonel Glenn, David O Dodd and Lawson Roads did not fully meet the typical minimum ordinance criteria for driveway spacing from the property lines. Staff also requested Mr. Dater provide certification of sight distances for each of the driveways. Staff stated vehicle transport loading and unloading was not allowed on City streets. April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 8 Landscaping comments were addressed. Staff stated the zoning street buffer required on each of the lots was computed on the average depth of the lot. Mr. Daters questioned since the dealerships would be located on individual lots could the calculation of the street buffer be limited to the depth of the individual lot. Staff stated this would be allowed. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff also stated a perimeter landscape strip of nine (9) feet would be required around the sites entirety. 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 March 27, 2013, Subdivision Committee meeting. The applicant has provided a cross access easement between the two lots along the common lot line. The applicant has also provided a signage plan for the proposed building signage. The area of the current PCD zoning request contains 8.04 acres and is currently zoned C-3, General Commercial District and PCD, Planned Commercial District. The underlying zoning for the PCD portion of the site is C-3, General Commercial. The request includes the revocation of the previously approved PCD on Lot 8. The request includes a two (2) lot plat for future development of two (2) automobile dealerships. The building located on Lot 2, will contain approximately 26,100 square feet and the lot size is 4.20 acres. There are 300 parking spaces proposed on this lot. Building signage is proposed on the north and eastern facades. The signage on the eastern façade is located without public street frontage. The sign area will not exceed 10 percent of each façade. The building on Lot 3 will contain approximately 23,050 square feet with a lot size of 3.24 acres. There are 212 parking spaces included on this lot. Building signage on Lot 3 will include signage on the east and south facades. Both signs are located with public street frontage along David O Dodd Road. The sign area will not exceed 10 percent of each façade. The exterior of the building will likely be EIFS fascia and walls, metal and glass with stone, brick or stucco accents. Each of the building will contain a showroom floor, office spaces and service center. April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 9 The applicant is also requesting a variance from the minimum driveway spacing requirement to allow the driveways on Colonel Glenn, David O Dodd and Lawson Roads to be located near the property lines than established by ordinance. Per the ordinance driveway spacing on a principal arterial is to be 300-feet from other driveways and streets. Driveway spacing on a commercial street is 150 feet from the property line. Security gates will be placed on each of the drives to secure the sales lot after hours. The applicant is requesting to grade Lots 2 and 3 with the issuance of a building permit for one of the lots. The applicant has indicated the building plans for Lot 3 may lag behind the building plans for Lot 2 and feels the allowance of advanced grading is necessary to balance the site. Staff is supportive of the grading as proposed. Staff is supportive of the request. The applicant is proposing to redevelop the site with an automobile sales and service facility. Although there are variances associated with the request staff does not feel they will significantly impact the development or the area. 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 variance request from Section 30-43 and 31-210 to allow the drives as indicated on the plan. Staff recommends approval of the variance request to allow grading of Lot 3 with the issuance of a building permit for Lot 2. Staff recommends approval of the revocation request for the PCD zoning of the area previously identified as Lot 8, the Village at Colonel Glenn Long-form PCD. PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There was one registered objector 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 April 18, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-6973-E 10 Section 30-43 and 31-210 to allow the drives as indicated on the plan. Staff presented a recommendation of approval of the variance request to allow grading of Lot 3 with the issuance of a building permit for Lot 2. Staff presented a recommendation of approval of the revocation request for the PCD zoning of the area previously identified as Lot 8, the Village at Colonel Glenn Long-form PCD. Mr. Joe White stated he and Mr. Jim Hathaway were present to answer any questions the Commission or the opposition might have. He stated they would yield their time to the opposition and come back to answer questions after the opposition had a chance to speak. Ms. Susan Henson addressed the Commission in opposition of the requests. She stated she lived just outside the City limits but had to travel this intersection on a daily basis to and from her home. She stated there were nine automobile dealerships within this area. She stated traffic at this intersection was very congested. She questioned if the developers had looked at other sites for development in-lieu of clearing this tree covered site. She stated in addition to the homes noted in the staff write-up there was a small cemetery adjacent to the site. She questioned what the added development would do to an already traffic congested area. Mr. Jim Hathaway addressed the Commission on the merits of the request. He stated the owners had looked at a number of sites before deciding on this location. He stated there were a number of factors that went into site selection beyond price of the land. He stated the underlying zoning was commercial which was a positive for selecting this site. He also stated this area of town had become the destination for automobile dealerships and the place to buy a car. He stated the property on Chenal Parkway was a very marketable piece of property and would not remain vacant for very long. The Chair asked for questions or comments. 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 8 ayes, 0 noes, 2 absent and 1 open position. April 18, 2013 ITEM NO.: 9 FILE NO.: Z-8611-A NAME: Eleven Two Eleven Cantrell Road Center Revised Short-form PCD LOCATION: Located on the Southeast corner of Cantrell Road and Woodland Heights Road DEVELOPER: Rowan Development LLC 10520 West Markham Street Little Rock, AR 72205 ENGINEER: Crafton Tull and Associates 10825 Financial Center Parkway, Suite 300 Little Rock, AR 72211 AREA: 1.47 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Office and Commercial PROPOSED ZONING: Revised PCD PROPOSED USE: Add a porte-cochere to the eastern end of the building. VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the drives nearer the property line than typically allowed. The driveway on Highway 10 is required to be located at least 150 feet from the property line. The driveway on Woodland Heights Road is required to be located at least 125 feet from the property line. BACKGROUND: Ordinance No. 20,403 adopted by the Little Rock Board of Directors on February 15, 2011, rezoned the site from R-2, Single-family to PCD. The site plan included the placement of a two (2) story office/retail building with the first or ground floor providing commercial retail space with C-3, General Commercial District uses (including a April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 2 potential restaurant user) as allowable uses. The second floor space was proposed for office uses utilizing the O-2, Office and Institutional Zoning District. The building was proposed containing 14,784 square feet with 7,392 square feet per floor. The approved plan provided access from Woodlands Heights Road and from Cantrell Road. The site plan included the placement of 61 parking spaces. The approval included a variance to allow the retaining wall height located within the southern portion of the site to exceed the 15-foot maximum height allowed per the Land Alteration Ordinance. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is to amend the previously approved Planned Commercial Development for the property located at 11211 Cantrell Road. The applicant has indicated there are minor modifications from the original approval. The current request includes three changes to the approved PCD: 1) The drive-thru window and construction of a porte-cochere that will cover customers under the drive-thru. The drive-thru access will be limited to entrances on Woodland Heights Road and exit onto Cantrell Road. 2) A reduction in square footage of approved restaurant uses from 3,500 square feet to 2,000 square feet. 3) Removal of specific parking islands and spaces in order to accommodate the drive-thru and proper traffic circulation around the site. 54 parking spaces are proposed to accommodate the proper amount of vehicles per code requirements. B. EXISTING CONDITIONS: The site is located on the south side of Cantrell Road at the intersection of Cantrell Road and Woodlands Heights Road. The former home has been removed. The property to the east is an office building with a drive-through banking facility. West of the site is a convenience store with a fast food restaurant. Further west is a shopping center. North and south of the site are office uses including additional banking facilities and medical offices. Further south of the site is Christ the King Church and school 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 Walton Heights Candlewood Property Owners Association, the Pleasant Forest Neighborhood Association, the Piedmont Neighborhood Association and the Pleasant Valley Property Owners Association were notified of the public hearing. April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Highway 10 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. Due to the proposed use of the property, the Master Street Plan specifies that Woodland Heights Road for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Highway 10 and Woodland Heights Road. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Woodland Heights Road including 5-foot sidewalks with the planned development. The new back of curb should be located 36 feet from the existing back of curb on the west. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Highway 10 including 5-foot sidewalks with the planned development. The new back of curb should connect with the existing curb to the east and proceed to Woodland Heights Road at the same alignment. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. 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. 8. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. If disturbed area is 1 or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 11. 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. Variances from driveway spacing requirements should April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 4 be requested for both driveways. The driveway on Highway 10 is required to be located at least 150 feet from the property line. The driveway on Woodland Heights Road is required to be located at least 125 feet from the property line. 12. 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. 13. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 14. Sidewalks with appropriate handicap ramps to access Woodland Heights Road at Highway 10 are required 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 main extension, with easements, required for this project. Contact Little Rock Wastewater for additional information. Entergy: Electric utility easement will be determined at the time of line extension to supply service. Contact Entergy for additional information. 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 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 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 April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 5 connections off the private fire system. A CIC for the 12-inch main in Cantrell Road applies to all connections to the main in HWY 10. 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. 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 Route #25, the Pinnacle Mountain Express Route. Parks and Recreation: No comment received. 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 represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The applicant has applied for a revision to the currently approved PCD (Planned Commercial District) site plan to allow for the addition of a pick-up window as part of the development of this site. The site is in the Highway 10 Design Overlay District. Master Street Plan: Cantrell Road is a Principal Arterial and Woodland Heights Drive is a Local Street. 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. 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. April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 6 Bicycle Plan: A Class I Bike Path is shown along Cantrell Road. A Bike Path is to be a paved path physically separate for the use of bicycles. Additional right-of- way or an easement is recommended. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The island along the south appears to interfere with traffic patterns. 3. All previous comments apply. 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 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: (March 27, 2013) Mr. Jacob Chi and Mr. Frank Riggins were 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 previous approval established the landscape buffer along Cantrell Road. Staff questioned if the signage proposed under the current plan was the same as the previous approval. Public Works comments were addressed. Staff requested Mr. Chi provide a letter certifying the sight distance of the driveway on Woodland Heights Drive. Staff stated prior to construction of retaining walls, an engineer’s certification of design and plans were to be reviewed by staff. Staff stated upon completion of the retaining wall, an as-built certification was required to be submitted to staff. Landscaping comments were addressed. Staff stated an automatic irrigation system to water landscaped areas was required. Staff stated prior to the issuance of a building permit it would be necessary to submit plans stamped with the seal of a registered landscape architect. April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 7 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 to staff addressing the issues raised at the March 27, 2013, Subdivision Committee meeting. The applicant has indicated signage will not change from the previously approved plan. Mr. Chi has also indicated the retaining wall height will not exceed 15-feet as allowed by City ordinance. The building size has decreased from 14,784 to 14,505 square feet. The total allowable restaurant space has also decreased. The site plan indicates a maximum of 2,000 square feet will be restaurant space, 3,300 square feet for a drycleaner, 2,134 square feet for general retail and 7,071 square feet of office space. The request includes the allowance of C-3, General Commercial District and O-2, Office and Institutional District uses as allowable uses. The building is proposed two stories with a maximum building height of 30-feet. The site plan indicates the placement of 54 parking spaces. The parking typically required for a mixed use development would be 56 parking spaces based on the typical parking calculation for the proposed use of the space; restaurant 20 spaces, drycleaner and general retail 18 spaces and 17 spaces for the office use. There will also be an area for stacking for customers picking up items under the porte-cochere. Staff feels the parking as proposed is adequate. The applicant is proposing the placement of a single ground sign within the front yard landscape area. The sign as proposed does not comply with the Highway 10 Design Overlay standards for a development sign. The Overlay allows a maximum sign height of ten (10) feet and a maximum sign area of one hundred (100) square feet. The sign is proposed as a ten (10) foot by twelve (12) foot sign or 120 square feet in area. Staff does not support the sign as proposed. Building signage is proposed as allowed in commercial zones or a maximum of ten (10) percent of the façade area. The Highway 10 Design Overlay District regulates building setbacks and landscaped areas. The Overlay states the front setback is to be 100-feet with a 40-foot rear yard setback and 30-foot side yard setback. The building setbacks as proposed comply with typical ordinance standards. April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 8 The landscaping and buffers are indicated on the site plan as were approved in 2011. The approved plan allowed the front, rear and east buffers to fall short of the typical standard as established by the Overlay. The site plan indicates the placement of a retaining wall along the southern perimeter of the site. The Land Alteration Ordinance typically does not allow wall heights to exceed fifteen (15) feet. The applicant has indicated the wall will not exceed the height allowed per the Land Alteration Ordinance. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the use of the property and the development as proposed is appropriate for this site. In staff’s opinion the revisions to the plan are minor changes. Staff does not feel the addition of the porte-cochere to the east end of the building will significantly impact the development or the overall 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 landscape strips and buffers as indicated on the site plan. Staff recommends the development sign be limited to signage allowed within the Overlay or a maximum sign height of ten (10) feet and a maximum sign area of one hundred (100) square feet. PLANNING COMMISSION ACTION: (APRIL 18, 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 landscape strips and buffers as indicated on the site plan. Staff presented a recommendation the development sign be limited to signage allowed within the Overlay or a maximum sign height of ten (10) feet and a maximum sign area of one hundred (100) square feet. April 18, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-8611-A 9 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 10 FILE NO.: Z-8694-A NAME: Meyer 2nd and Ringo Revised Short-form POD LOCATION: Located at 207 Ringo Street DEVELOPER: Sheena Fluker 5301 Mulberry Place Little Rock, AR 72206 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.057 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: O-3, General Office District uses PROPOSED ZONING: Revised POD PROPOSED USE: Add beauty salon as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 16,587 adopted by the Little Rock Board of Directors on February 1, 1994, established Meyer 2nd and Ringo Short-form POD. The property contained three lots and four structures but the structures had no relationship to the existing lot lines. The applicant proposed to divide the property into three new lots to accommodate the buildings as they existed, with a two story brick apartment building occupying one of the lots, a one story concrete block building occupying the second lot and two story brick home and accessory building occupying the third lot. A rear parking access easement was proposed and approved. O-3, General Office District uses were approved for the lots. April 18, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8694-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved Planned Office Development to add a four chair beauty salon as an allowable use for the property located at 207 Ringo Street. There are no modifications proposed to the exterior of the structure or the existing parking. The business will be open for walk-in traffic on Mondays from 9 am to 6 pm. The remaining days the salon will be open are Tuesday through Friday from 9 am to 6 pm by appointment only and Saturday from 5 am to 5 pm also by appointment only. Building signage will comply with signage allowed in office zones. B. EXISTING CONDITIONS: Within the general area there are a number of professional office uses including a number of State offices. Across Ringo Street is an office for Veterans Affairs. Other uses in the area include Doe’s Eat Place and the Salvation Army Shelter located one block north on West Markham Street. There are a number of surface parking lots in the area which serve the nearby State offices. 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 and the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has no issues with submission. Center-Point Energy: No comment received. AT & T: No comment received. April 18, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8694-A 3 Central Arkansas Water: All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas regarding procedures for installation of water facilities and/or fire service. 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. Fire Department: Approved as submitted. 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 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. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a revision to the current POD (Planned Office District) zoning to add a beauty shop to the list of permitted uses for this site. Master Street Plan: Ringo is a Local Street on the Master Street Plan. 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 April 18, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8694-A 4 design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There is a Class III Bike Route shown along Ringo Street. Bike Routes require no additional right-of-way or pavement markings, but only a sign to identify and direct the route. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street trees along Ringo will be required if not already in place. 3. By agreeing to save the 30” Sycamore Tree on the site additional landscaping may not be required. G. SUBDIVISION COMMITTEE COMMENT: (March 27, 2013) Ms. Sheena Fluker was present representing the request. Staff presented an overview of the development stating there were no outstanding technical issues associated with the requests in need of addressing related to the site plan. Staff noted there were no modifications proposed to the existing parking or the exterior of the building. Staff questioned the days and hours of operation for the proposed salon. Staff questioned the number of stylist to operate from the salon. Staff questioned the proposed signage plan to serve the new business. 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 provided a written response to comments raised at the March 27, 2013, Subdivision Committee meeting. The applicant has indicated the shop will operate primarily from 9 am to 6 pm Monday through Friday. On Saturday there will be options for earlier appointments, from 5 am to 5 pm. The request includes the allowance of a maximum of four (4) operators. The signage plan includes the placement of a wall sign not to exceed signage allowed in office zones or a maximum of ten percent of the façade area. The applicant has indicated initially a sign will be placed on the awning on the front of the building. The awning sign will not exceed thirty-three (33) percent of the April 18, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-8694-A 5 surface area of the awning. In the future the awning sign may be replaced with a wall sign. The sign will not exceed signage allowed in office zones or a maximum of ten (10) percent of the façade area fronting the public street. The property was zoned POD a number of years ago to allow the subdivision of the property with lot sizes and setbacks which did not comply with typical standards of the zoning district. The approval allowed O-3, General Office District uses as allowable uses for the building. A beauty salon is not a by-right use in this zoning district. The applicant is seeking a revision to the POD to add the beauty salon as an allowable use. There are no exterior modifications proposed for the structure. Currently there are two parking spaces located along the south end of the building accessed from Ringo Street. The parking typically required for a personal service establishment is one parking space per 200 square feet of gross floor area. The structure contains approximately 900 square feet of floor area. The parking typically required for this use would be four (4) spaces. The primary zoning within this area is UU, Urban Use District. Within the UU, Urban Use Zoning District no off-street parking is required. Staff is supportive of the requested parking. Staff is supportive of the request. Staff does not feel the addition of the four (4) chair beauty salon as an allowable use will negatively impact the area. The site is surrounded by UU, Urban Use District zoned properties. UU allows any residential, office or commercial use, as long as these uses are enclosed within the building. 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. PLANNING COMMISSION ACTION: (APRIL 18, 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. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 11 FILE NO.: Z-8835-A NAME: Magnolia Hill Long-form PD-C LOCATION: Located at 5110 Stagecoach Road DEVELOPER: WG “Buddy” Ellis 5110 Stagecoach Road Little Rock, AR 72204 ENGINEER: Laha Engineers, Inc. 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 14.7 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-C PROPOSED USE: Single-family and Add special events as an allowable use – eliminating fireworks VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors denied a request to rezone the site from R-2, Single-family to Planned Commercial Development on February 19, 2013. The property was under enforcement for operating a commercial business on single-family zoned property. The applicant’s request was to continue to use a portion of their ownership to host outdoor venues (weddings, fund raisers, special events) and to allow the inclusion of music and fireworks with these events. April 18, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8835-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request has eliminated the use of fireworks from the site. The applicant is requesting to continue to use the property to host special events such as weddings, fund raisers and receptions on a portion of the property located at 5110 Stagecoach Road. The applicant has indicated the primary use of the property and outdoor venues are weddings. The outdoor wedding season begins in March and ends early December. The venue area encompasses approximately 15 acres of the applicant’s total ownership. The wedding ceremonies are held on the property’s private lake. A barn also located on the property is occasionally used for weddings and/or receptions in case of rain. No new construction will be added as a result of the rezoning request. According to the applicant most events are held on Saturday or Sunday afternoon between the hours of 2 pm and 10 pm. All food will be catered by a local caterer. Entertainment will be provided by a local DJ. The DJ is approximately 700 feet away from any residence. All music will end by 10 pm. No permanent signage will be added. Only signage for the National Historic Register as approved by the Arkansas Department of Heritage is proposed. Parking is proposed within the open pasture located near the venue site. The previous request included the allowance of fireworks as an end to a wedding or fundraiser. The applicant has removed from the current request to be able to use fireworks in conjunction with an event on this site. B. EXISTING CONDITIONS: The property is located on Stagecoach Road near the Tall Timber and Pecan Lake subdivisions. The request includes the rezoning of only a portion of the applicant’s ownership, the area which will be used for the events. Across Stagecoach Road to the east is a nursing home and to the south of the site is a church. As noted the Tall Timber Subdivision is located along the northern boundary of the applicant’s property and to the east is the Pecan Lake Subdivision. 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 Tall Timber Homeowners Association, the Pecan Lake Property Owners Association and Southwest Little Rock United for Progress were notified of the public hearing. April 18, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8835-A 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Stagecoach 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. Right-of-way should only be dedicated to the existing rock retaining wall. Property can be dedicated beyond the fence. 2. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer 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. 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 metered 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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. 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 to discuss backflow prevention requirements for this project. April 18, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8835-A 4 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 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 65th Street West Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density allows for single family homes at densities not to exceed 6 dwelling units per acre. Such residential development is typically characterized by conventional single family homes, but may also include patio or garden homes and cluster homes, provided that the density remain less than 6 units per acre. The applicant has applied for a rezoning from R-2 (Single Family District) to PCD (Planned Commercial District) to allow for the additional permitted use of an events center on this site (with the single family house to remain). 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 Lane is 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. Any new paved areas may require landscaping per the City’s Landscape ordinance. April 18, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8835-A 5 G. SUBDIVISION COMMITTEE COMMENT: (March 27, 2013) The applicant was not present. Staff noted there were no outstanding technical issues associated with the request. Staff stated the Board of Directors had denied the request at their February 19, 2013, public hearing. Staff stated the applicant has resubmitted eliminating fireworks as an allowable use. Staff stated they felt this was a significant change which would allow the applicant to re-file the applicant less than one-year from the date of denial. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the March 27, 2013, Subdivision Committee meeting. The rezoning request is from R-2, Single-family to PC-C, Planned Development Commercial, for a portion of the applicant’s ownership to be used for fund raiser, outdoor venues, with the primary use being weddings. According to the applicant the outdoor wedding season begins in March and ends early December. The area used for the outdoor venues is approximately 15 acres of the applicant’s total ownership. The wedding ceremonies are held lake side on the property’s private lake. Activities take place outdoors but in case of inclement weather there is a small enclosed area within a barn located on the property which can be used. There is no new construction proposed with the rezoning request. Parking is proposed within the open pasture. According to the applicant most events are held on Saturday or Sunday afternoon between 2:00 pm and 10:00 pm. The original request included the allowance of fireworks as an end to some but not all of the weddings. The applicant has eliminated the fireworks display as an allowable use for the property. All food will be catered by a local caterer. Entertainment will be provided by a local DJ. The DJ is approximately 700 feet away from any residence. On occasion there is live entertainment provided at the events. The speakers are directed into the property owned by the applicant to limit the noise to adjoining properties. In all cases the music will end by 10 pm. No permanent signage will be added. The property is located on the National Historic Register. Only signage as approved by the Arkansas Department of Heritage is proposed. On the day of an event a small sign will be placed at the driveway to notify guest of the location. All signage will be placed and removed on the day of the event. April 18, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8835-A 6 The applicant has not requested the approval be non-transferable to future owners of the property. Staff recommends if approved the use of the site for outdoor venues be limited to the ownership of WG “Buddy” and Alda Ellis. Ordinance No. 20,617 adopted by the Little Rock Board of Directors on August 7, 2012, allowed a revision to the Chapter 36 of the Code of Ordinances and now allows the planned development process to review a request which were previously reviewed through the conditional use permit process. The ordinance states: Chapter 36 of the Little Rock Code of Ordinances is hereby amended by adding a new subsection 36-451(e) to read as follows: (e) Except for those land uses specified in subsection 36-104(a), a land use that would otherwise need a conditional use permit shall not require a conditional use permit if the use is a part of a planned development or planned unit development application and process. The development standards and review standards for event centers as identified within the Conditional Use Permit Division or the Zoning Ordinance states the Commission must review the separation of the facilities to limit the impact on the neighborhood. The ordinance states an event center shall not be located within 750 feet of the following: a church, a sexually-oriented business as defined by Chapter 17 of the Code of Ordinances, a public or private elementary, secondary or post-secondary school, a daycare center or any facility that operates programs for children or youth, any single-family or multi-family residential use, except a hotel or motel or residential use that is within a unified development that contains both the event center and the residential use. The measurement is to be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure proposed for occupancy as an event center to the nearest property line of any of the above uses. The Commission is to review each of the requests on an individual basis to determine the impact on the adjoining properties with consideration given to the stated criteria. As noted in the Existing Conditions Section of this report there are single-family homes to the north (Tall Timber Subdivision) and northeast (Pecan Lake Subdivision) which are located within 750 feet of the property and within 750-feet of the area proposed with the outdoor venues. There is a nursing home located across Stagecoach Road to the east and a church located to the south, all within the 750-foot spacing. Staff is supportive of the request. Although the property is located nearer residential uses than 750-feet the applicant’s ownership is much larger than the 15+ acres proposed for rezoning. Staff feels by limiting the approval of the current ownership this will lessen any future potential impacts. To staff’s knowledge there are no remaining outstanding technical issues associated with the request April 18, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8835-A 7 I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as noted in paragraphs D, E and F of the agenda staff report. Staff recommends the approval not be transferable and is limited to the ownership of WG “Buddy” and Alda Ellis. PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were no registered objectors present. (One registered objector appeared after the reading of the consent agenda.) 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 the approval not be transferable and to be limited to the ownership of WG “Buddy” and Alda Ellis. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 12 FILE NO.: Z-8849 NAME: Kum and Go Store #162 Short-form PD-C LOCATION: Located on the Southeast corner of Rodney Parham Road and Breckenridge Drive, 10115 and 10121 Rodney Parham Road DEVELOPER: Kum and Go, LC 6400 Westtown Parkway West Des Moines, IA 50266 ENGINEER: CEI Engineering 3108 SW Regency Parkway, Suite 2 Bentonville, AR 72712 AREA: 3.52 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District and R-2, Single-family District ALLOWED USES: General Retail and Single-family PROPOSED ZONING: PCD PROPOSED USE: Convenience Store with gas pumps VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow drives nearer the property line than typically allowed. The applicant submitted a request dated April 2, 2013, requesting deferral of this item to the May 30, 2013, Public Hearing. Staff is supportive of the deferral request. April 18, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8849 2 PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 2, 2013, requesting deferral of the item to the May 30, 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 13 FILE NO.: Z-8850 NAME: A & A Investment Short-form PCD LOCATION: Located on the Northeast corner of West Markham and Fillmore Streets DEVELOPER: Amir Qureshi 5700 West Markham Street Little Rock, AR 72204 ENGINEER: McGetrick Engineering 11419 Stagecoach Road, Suite 2100 Little Rock, AR 72210 AREA: 0.44 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PCD PROPOSED USE: Mixed Use containing O-3, General Office and C-1, Neighborhood Commercial District uses VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning of the property from O-3, General Office District to Planned Commercial Development, PCD, to allow the development of the site with a two-story building containing 15,000 square feet of office and retail space. The applicant has indicated the lower level will be marketed primarily to retail space utilizing the C-1, Neighborhood Commercial Zoning District uses as allowable uses. The upper level will be marketed to office users utilizing the O-3, General Office District uses as allowable uses. The site plan indicates the placement of 29 parking spaces. April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 2 The site is located within the Mid-town Design Overlay District, which requires new development to be reviewed through the planned zoning development process. B. EXISTING CONDITIONS: The site is a vacant lot which was recently converted to a laydown yard for the construction of the medical office building located on the northwest corner of Fillmore and West Markham Streets. There are a variety of uses in the area including St. Vincent’s Hospital, multi-family residential, War Memorial Park Golf Course and additional office uses. To the west of the site is an elderly housing development. Further west is the West Markham Street and University Avenue intersection, which contains retail and office uses including Park Plaza Mall, Mid-towne Shopping Center and Park Avenue Shopping Center. 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 and the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Fillmore Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. Markham Street is classified on the Master Street Plan as a minor arterial with special design standards. A dedication of right-of-way 35 feet from centerline will be required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Markham Street and Fillmore Street. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Fillmore Street including 5-foot sidewalks with the planned development. The curb should be installed so that a 31 feet wide street is provided north of the driveway and a 36 foot wide street provide south of the driveway. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 3 6. Sidewalks with appropriate handicap ramps are required to be installed adjacent to Markham Street in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 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. 9. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 10. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 11. Show the location of the proposed driveway on the west side of Fillmore Street. The driveways should align. 12. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. Provide 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. Coordinate design of traffic signal upgrade if needed for alignment or with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 15. Prior to issuance of certificate of occupancy on property on the west side of Fillmore Street, all construction material including gravel, fill, and building supplies must be removed from the subject property. Vegetation should be re-established on the property. Vehicle parking is not allowed on subject property after all construction materials are removed. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Electric utility easement will be acquired at time service extension is made to the new building. Contact Entergy for additional information. Center-Point Energy: No comment received. April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 4 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. 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 requires Fire Department: Maintain access of at least twenty (20) feet. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is located on CATA Bus Route #5, the West Markham Route. Parks and Recreation: No comment received. April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights/Hillcrest Planning District. The Land Use Plan shows Office (O) for this property. The Office category represents services provided directly to consumers (e.g., legal, financial, medical) as well as general offices which support more basic economic activities. The applicant has applied for a rezoning from O-3 (General Office District) to PCD (Planned Commercial District) to allow for the development of a mixed use building on this site utilizing C-1 and O-3 uses. The site is in the Midtown Design Overlay District. Master Street Plan: Markham is a Minor Arterial and Fillmore is a Collector on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Markham since it is a Minor Arterial. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a nine foot (9’) wide landscape strip along the northern property line. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. 3. The landscape ordinance requires a minimum of 8 % of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 150 square feet in area. 4. A small amount of building landscaping will be required. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on this tree covered site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 6 G. SUBDIVISION COMMITTEE COMMENT: (March 27, 2013) Mr. Pat McGetrick of McGetrick Engineering was present representing the request. Staff presented an overview of the development stating the site was located within the Mid-town Design Overlay District. Staff stated there were a number of items necessary to complete the review process related to the Overlay District. Staff requested Mr. McGetrick provide building elevations, construction materials and maximum building heights to allow a more formal review. Public Works comments were addressed. Staff stated a radial dedication was required at the intersection of Fillmore and West Markham Streets. Staff stated a grading permit was required prior to any development of the site. Staff noted the gravel and fill would need to be removed from this site prior to the issuance of a certificate of occupancy for the adjoining medical office building. Landscaping comments were addressed. Staff stated the site was located within the designated mature area of the City which would allow the landscape strips to be reduced to 6-feet 9-inches. Staff stated a small amount of building landscaping would be required. Staff stated interior landscaping of the paved areas would also 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 a revised site plan and cover letter to staff addressing the issues raised at the March 27, 2013, Subdivision Committee meeting. The applicant has provided building elevations, construction materials and the maximum building height. The revised plan includes the landscape buffer along the northern perimeter and indicates the placement of building landscaping. The applicant is requesting a rezoning of the property from O-3, General Office District to Planned Commercial Development, PCD, to allow the development of the site with a two-story building containing 15,000 square feet of office and retail space. The applicant has indicated the retail space will be marketed primarily to the uses as allowed in the C-1, Neighborhood Commercial Zoning District. The revised cover letter states a maximum of 3,000 square feet will be marked to a commercial use including a portion of the 3,000 square feet as a possible restaurant user. The remainder of the site will be marketed to office users utilizing the O-3, General Office District uses as allowable uses. April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 7 The site is located within the Mid-town Design Overlay District, which requires new development to be reviewed through the planned zoning development process. The following highlights the typical DOD requirements and the site plan’s compliance with these typical standards: • For new construction, at least 60% of the ground floor level shall be glass-windows, entry features or displays – The elevation provided appears to comply with this requirement • Primary façade of the building is to be oriented on the street – The primary entrance is located on West Markham Street • Buildings are to maintain a distinction between upper and lower levels, any elevation greater than eighteen feet in height shall contain an architectural treatment, which visually divides the structure into stories – This requirement is being met • Wall projections or recesses a minimum of three (3) feet depth and a minimum of twenty (20) contiguous feet not to extend over twenty (20) percent of the facade shall be required. Arcades, display windows, entry areas or awnings shall exist along at least sixty (60) percent of the façade – the West Markham Street façade and the Filmore Street façade appear to meet this requirement • Primary entrances shall be oriented to the street or to the principal vehicular or pedestrian routes of travel within a development, entrances should be well delineated – the primary entrance to the development is located on West Markham Street and there is a customer entrance located on Filmore Street • Buildings shall have clearly defined and visible customer entrances featuring elements such as overhangs, arcades, arches, canopies, peaked roof forms, display windows – the entrances appear to meet this requirement • All sides of building that face abutting public or private rights-of-way, except alleys, shall feature at least one customer entrance – the site plan appears to provide a customer entrance on West Markham Street and Filmore Street • No elevation facing an arterial or greater street shall be primarily used as a service entry or otherwise be treated as the rear of the structure – the service area is located in the rear of the building • New construction wider than the one hundred (100) linear feet shall be visually massed so as to break the structure visually – the building will provide breaks as required by the ordinance April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 8 • Rooflines shall be varied with a change in height every one hundred (100) linear feet in building length. Parapets, mansard roofs, gable roofs, high roofs shall be used to conceal flat roofs and roof top equipment – the building will provide variations as required by the ordinance • Exterior building materials and colors shall be aesthetically pleasing and compatible with materials and colors used in neighboring developments – the applicant has stated the materials will meet this requirement • Predominant exterior building materials shall be of high quality materials; such as, but not limited to: brick, wood, stone, tinted, stucco, EIFS (exterior insulation finish system) concreted masonry units. Facade colors shall be low reflectant, subtle, neutral or earth tone with trim and accents brighter colors – the applicant has stated the development will meet this requirement • Predominant exterior building materials shall not be smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels – the development is meeting this requirement • Projections (all requirements for a franchise remain in place) - no projections extend into the right of way • No building hereafter erected or structurally altered shall exceed a height of sixty (60) feet, except as provided below. Structures may have a greater height as follows, and these "bonuses" may be cumulative – the building height is indicated at a maximum height of 35-feet • Front yard setbacks may be zero (0) feet, but will not be more than twenty (20) feet, excepting in those cases where grade changes make such setbacks impractical Side yard setbacks may be zero (0), 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 – the front setback along West Markham Street is zero, the setback along Fillmore Street is 2.63 feet and on the east side is 2.63 feet • Driveways, sidewalks and alleys – All driveways and sidewalks are meeting this requirement • All new utilities for developments within the district shall be buried. All new developments shall underground all utilities on site or within adjacent public right-of-way whenever determined by the affected utility agency to be feasible Utilities underground – the development is meeting this requirement • Trash enclosures shall be located in alleys whenever available or in common service areas for multiple developments Service area near, screened - the development will share a dumpster with the property located to the west, across Fillmore Street April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 9 • Parking requirements within the district shall be at least fifty (50) percent of that required by article VIII. The maximum allowed parking shall be the minimum standard established in article VIII – the parking required for the development is 30 parking spaces (1/2 of the typical minimum of 60 spaces). The site plan has 29 parking spaces indicated • For developments less than one (1) acre monument signs may be up to twenty-four (24) square feet in area and six (6) feet in height and must be as located as part of the required landscape area of the parking lot – The development is not proposing the placement of a ground sign • No street buffer or landscaping shall be required along streets classified less than an arterial. When the structure is not built to the property line, landscaping is required in the area between the building and property line up to that required by the Landscape Ordinance – West Markham Street is an arterial classification. The building is built to the property line, no street buffer is required • Land use buffers shall only be provided where single-family and duplex use or zoning is the abutting use. In those cases where a land use buffer is required, buffers shall be the same as those for multifamily uses in subsection 36-522(b)(1). In areas where terrain variation is great or other features result in the loss of privacy, alternative designs and massing shall be considered – no land use buffer is required • Street trees shall be a minimum of three-inch caliper and shall be two (2) feet off the back of curb, thirty (30) feet on center. The canopy shall be maintained with an eight-foot clearance. A four-foot planter strip shall be maintained – street trees will be placed per the DOD standard The area where the plan appears to potentially be deficient is the number of parking spaces provided. The DOD would typically require the placement of 30 parking spaces based on the use mix of 3,000 square feet of retail/restaurant space and 12,000 square feet of office space. By limiting the restaurant space to 1,500 square feet the applicant could come into compliance with the minimum parking required per the DOD or 25 parking spaces. The parking typically required for 1,500 square feet of restaurant space would be 15 spaces, 1,500 square feet of retail space would be 5 spaces and 12,000 square feet of office space would be 30 spaces for a total of 50 spaces. The DOD allows a 50% reduction in the number of parking spaces required which then result in 25 parking spaces required per the DOD. The plan includes the placement of 29 parking spaces. The request includes the allowance of building signage on the rear of the building facing into the parking lot. The request limits the total square footage of the April 18, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8850 10 building signage to a maximum of ten (10) percent of the façade area of the lease space. Although the site plan as presented does not fully comply with the typical DOD requirements staff is supportive of the request. Staff feels the restaurant space should be limited to provide the parking typically required per the DOD. Staff feels the developers have done a good job in meeting the intent of the DOD. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the requests subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the restaurant/retail use be limited to a maximum of 1,500 square feet of restaurant space and 1,500 square feet of retail space to provide the parking typically required per the DOD. PLANNING COMMISSION ACTION: (APRIL 18, 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 the restaurant/retail use be limited to a maximum of 1,500 square feet of restaurant space and 1,500 square feet of retail space to provide the parking typically required per the DOD. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 14 FILE NO.: Z-8851 NAME: Pleasant Ridge Lot 3C Short-form PD-C LOCATION: Located at 11701 Pleasant Ridge Road DEVELOPER: Pleasant Ridge LLC 11601 Pleasant Ridge Road, Suite 300 Little Rock, AR 72212 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 4.4 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: O-3, General Office District ALLOWED USES: Office PROPOSED ZONING: PD-C PROPOSED USE: Hotel VARIANCES/WAIVERS REQUESTED: None requested. The applicant submitted a request dated April 8, 2013, requesting deferral of this item to the May 30, 2013, public hearing. Staff is supportive of the deferral request. PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 8, 2013, requesting deferral of the item to the May 30, 2013, public hearing. Staff stated they were supportive of the deferral request. April 18, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8851 2 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 15 FILE NO.: LA-0051 NAME: Baseline Road – Sibley Hole Road Timber Harvest Variance Request LOCATION: Southwest corner of the Baseline Road and Sibley Hole Intersection APPLICANT: Acord Properties APPLICANT’S REPRESENTATIVE: Greg Acord AREA: Approximately 84 acres CURRENT ZONING: PCD VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to harvest timber on approximately 84 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to harvest timber on approximately 84 acres located southwest of the Baseline Road and Sibley Hole Road intersection. The variance would allow staff to issue a grading permit for the timber harvesting activities without imminent construction. B. EXISTING CONDITIONS: The 84 acre property is dense tree covered. The property drains in all directions. The property is visible from Interstates 430 and 30, Baseline Road and Sibley Hole Road. The property was previously permitted for trees to be harvested in 2005. The previous timber harvest plan showed a total of approximately 13,554 trees on the property and approximately 2804 trees were permitted to be harvested. In short, approximately 20% of the trees were removed. East of the subject property across Sibley Hole Road is a mix of developed and undeveloped properties zoned R2, I2, and PID. South of the subject property is Interstate 30. West of the subject property is Interstate 430. North of the subject property is developed properties located near the Interstate 430 overpass over Baseline Road. These properties are zoned I2 and PID. Also north of the subject property is Baseline Road. North of Baseline Road developed and undeveloped properties zoned R2. April 18, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: LA-0051 2 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. Provide locations of vehicle tracking pad constructed per Little Rock Sec. 29-190(12). The proposed entrance should be installed in a serpentine design to restrict views from adjacent streets not to exceed 20 ft wide. 2. 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. 3. Harvest activities must comply with state and federal forestry harvest techniques and code. Damage to offsite property must be repaired by the applicant in a timely manner. 4. Tree tops and debris generated from the harvest activity must be removed at the conclusion of harvest to reduce the potential fire hazard. Contact the Little Rock Fire Department for conditions and additional permits and requirements. 5. 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 an approval of completion. 6. The harvest activities shall be expeditiously completed in a time frame not to exceed one (1) year in duration from the time work commences to installation of all final erosion control measures and vegetation. 7. A permanent vegetative cover of suitable perennial grasses shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 8. All erosion and stabilization controls, including permanent vegetation are to be maintained by the responsible party for a period of 2 years following completion of site grading. 9. Maintenance for the 2 year period shall be guaranteed through posting of cash, surety bond or letter of credit as referenced in Sec. 31-431(2) at the time of final inspection of the grading activities; 10. All required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. April 18, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: LA-0051 3 11. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 12. Erosion controls must be installed to reduce discharge of polluted stormwater. 13. Provide updated timber harvest plan. E. PLANNING STAFF COMMENTS: No comments F. SUBDIVISION COMMITTEE: The applicant’s representative was present. Staff presented an overview of the variance application. 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 harvest timber on approximately 84 acres. The timber harvest plan identifies approximately 11,500 merchantable trees on the property. The applicant timber harvest plan did not provide the number of trees to be harvested and the number of trees remaining. The timber harvest plan states an 80 ft. buffer strip along Baseline Road, Sibley Hole Road and the service road adjacent to Interstate 30. The plan states there is already a strip along Interstate 430. No information was provided on the width of the buffer along Interstate 430 or if the identified buffers were undisturbed. The plan states two (2) loading zones will be utilized. One loading zone will be accessible from Sibley Hole Road and the other on the southern end of the property adjacent to the service road. The plan states all delimbing operations will be performed mechanically leaving the limbs and tops in a pile. The plan states the material can then be placed in a pit for burning or allowed to decompose. The plan continues and states culverts and fill material and rock will be installed in all ditches. Overall the timber harvest plan was incomplete and staff did not consider a final version of the plan was provided. H. RECOMMENDATION: Due to the lack of information, staff cannot make a recommendation at this time. A recommendation will be made at the date of this Planning Commission agenda. April 18, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: LA-0051 4 PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had provided additional information to staff. Staff stated the revised timber harvest plan identified approximately 12,900 marketable trees on the property. Staff stated the applicant proposed to harvest 1,720 trees or 13% of the trees. Staff stated the applicant proposed to leave at least an 80 foot wide undisturbed buffers adjacent to all property lines. Staff presented a recommendation of approval of the tree harvest variance request subject to compliance with the comments and conditions as outlined in paragraph D of the agenda staff report. Staff stated in addition to paragraph D, the variance request was subject to compliance with the following conditions: 1. All loading zones should be barricaded or gated off to restrict access from adjacent public right-of-ways; 2. All tree tops, limbs, and generated debris must be removed from site at the completion of the harvest and prior to the posting of a maintenance bond; 3. The Arkansas Highway and Transportation Department must be notified prior to the beginning of harvest activities to obtain approval for access to loading zones from State highways. 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 7 ayes, 0 noes, 3 absent and 1 open position. April 18, 2013 ITEM NO.: 16 FILE NO.: LA-0052 NAME: Chenal Parkway-Kirk Road Advanced Grading Variance Request LOCATION: West side of Kirk Road and East side of Chenal Parkway APPLICANT: Jimmy Lasley APPLICANT’S REPRESENTATIVE: Joe White AREA: Approximately 6.8 acres CURRENT ZONING: C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and grading approximately 2 acres. The applicant submitted a request dated April 2, 2013 to withdraw this item from the Planning Commission agenda. Staff recommends approval of the request. PLANNING COMMISSION ACTION: (APRIL 18, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated April 2, 2013, requesting withdrawal of this item from the Planning Commission agenda. Staff presented a recommends approval of the 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 7 ayes, 0 noes, 3 absent and 1 open position. m CL Q U w� o 0 cn z z J M W k— Q 0 s s tZ -,n cL� c C c w CSI z m I-- LLJ m L19 ui LU m m C -) o m m m m LJ C!7 0 0° L�L.L © - U 0 I� D 1--: - -I CI3 Lu- m UJ=) LL � < � © V CY_ m Lu z Z � aL J (� a C_7 of s s tZ -,n cL� c C c w CSI z m I-- LLJ m L19 ui There being no further business before the Commission, the meeting was adjourned at 5:17 p.m. 5;1Yafr Dat Chairman