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pc_05 30 2013sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD MAY 30, 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 Rebecca Finney Keith Fountain Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Open Position William Changose J. T. Ferstl City Attorney: Cindy Dawson III. Approval of the Minutes of the April 18, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA MAY 30, 2013 OLD BUSINESS: Item Number: File Number: Title: A. 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. B. Z-8851 Pleasant Ridge Lot 3C Short-form PD-C, located at 11701 Pleasant Ridge Road. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-1487-B The Ridge Estate Preliminary Plat, located North of Pleasant Hill Road, West of Vimy Ridge Road. 2. S-1636-C Beau Rivage Addition Revised Preliminary Plat, located East of South Ridge Drive, just South of the Walton Heights Subdivision and North of Trinity Assembly of God Church. 3. S-1668-B Brunson Addition Preliminary Plat, located at 17901 Agee Lane. Agenda, Page Two II. SITE PLAN REVIEW: Item Number: File Number: Title: 4. Z-3371-VV The Shoppes at Colonel Glenn Zoning Site Plan Review, located at 4600 Colonel Glenn Road. 5. Z-4336-LL Arkansas Children’s Hospital Zoning Site Plan Review and Alley Abandonment (G-23-437), located South of 12th Street between Battery and Wolfe Streets. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 6. Z-2246-A Paradise Group LLC Short-form PCD, located at 2020 Vance Street. 7. Z-3875-C Richard’s Auto Repair Short-form PCD, located at 12819 I-30. 8. Z-4343-DD Parkland Heights Revised PRD, located on the North end of Chenonceau Boulevard. 9. Z-4403-H Nabholz Construction Revised POD, located at 1700 Aldersgate Road. 10. Z-4653-I Powell Brothers Revised Short-form PCD, located at 1308 S. Bowman Road. 11. Z-4807-N Wellington Park Short-form POD, located on the Northeast corner of Wellington Village Road and Kirk Road. 12. Z-4923-N Shackleford Crossing Revised Long-form PCD, located on the Southwest corner of I-430 and Shackleford Road. 13. Z-5803-B Mini of Little Rock Short-form PCD, located at 12601 West Markham Street. Agenda, Page Three III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 14. Z-7780-B Little Rock Quarries Long-form PID, located at 16220 Lawson Road. 15. Z-7898-C Cross Street Elderly Housing Revised Short-form PD-R, located at 1012 and 1022 Cross Street. 16. Z-8503-B The Pointe at Brodie Creek Revised Long-form PRD, located at 3400 South Bowman Road. 17. Z-8815-A Nature Conservancy of Arkansas Revised Short-form POD, located at 601 N. University Avenue. 18. Z-8860 Hansen Short-form POD, located at 400 Van Buren Street. IV. OTHER ITEMS: Item Number: File Number: Title: 19. LA-0053 I-430 Colonel Glenn Commercial Tract 27 Advanced Grading Request, located South and East of Colonel Glenn Plaza Loop. May 30, 2013 ITEM NO.: A 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 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. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Kum and Go, LC is proposing the rezoning of 3.5 acres from C-3, General Commercial District (0.96 acres+) and R-2, Single-family District (2.4 acres+) to PCD, Planned Commercial Development. The rezoning would allow the redevelopment of two existing lots of record with a single development containing a 4,958 square foot convenience store building and a 24-foot by 220-foot fuel center canopy. The development proposes eight fueling stations with a total of 16-fuel pumps. May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 2 B. EXISTING CONDITIONS: The area along Rodney Parham Road is mainly characterized by commercial uses including restaurants, retail shopping, food store and a convenience store which is located to the east. The corner of this property contains a multi-story office building and there is a single-family home located on the second lot. To the south of this site along Breckenridge are office uses and a multi-family complex. To the south and southeast are single-family homes. There is also a City of Little Rock Park located to the southeast of the proposed development area. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received a few informational phone calls, a number of phone calls in opposition and numerous letters in opposition from area residents. All property owners located within 200 feet of the site, the Breckenridge Neighborhood Association, the Colony West Homeowners Association, the Sturbridge Property Owners Association, the Treasure Hill Property Owners Association and the Walnut Valley Property Owners Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Rodney Parham 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. Breckenridge Drive is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. An additional 10 feet is required by the Master Street Plan to be dedicated at collector/arterial intersections. 3. A 20 foot radial dedication of right-of-way or right-of-way dedication needed for street curb alignment is required at the intersection of Rodney Parham Road and Breckenridge Drive. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Breckenridge Drive including 5-foot sidewalks with the planned development. A right turn lane should be provided. May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 3 5. Five (5) foot sidewalks with appropriate handicap ramps are required to be installed along Rodney Parham Road in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. The handicap ramps on the west driveway should better align. 6. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 7. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 8. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 9. Stormwater detention ordinance applies to this property. 10. 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. 11. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 12. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 13. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 14. Coordinate design of traffic signal upgrade with proposed street improvements. Plans to be forwarded to Traffic Engineering for approval. 15. 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. 16. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 17. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing variances are required to be obtained for the north and west driveways. The required spacing is 300 feet from the Rodney Parham Road/Breckenridge Drive intersection. The required spacing is 125 feet from the property line on Breckenridge Drive. The width of driveway must not exceed 36 feet. May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 4 18. Per Section 29-189(d), groups of trees and individual trees that are not to be removed or are located within required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. 19. Erosion controls must be installed to reduce discharge of polluted stormwater. 20. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 21. Retaining walls designed to exceed 15 feet in height are required to seek a variance for construction. 22. 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. 23. A minimum undisturbed strip 25 feet wide except for reasonable access shall be provided along each side of streams having a 10 yr storm >150 cfs. The undisturbed strip should be measured from the top of the bank. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Electric utility easement and service specifics will be determined at time of extension is request. Overhead line already exists on site. 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 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 May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 5 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. Due to the nature of this facility, installation of an approved reduced pressure zone backflow preventer assembly (RPZ) is required on the domestic water service. This assembly must be installed prior to the first point of use. Central Arkansas Water (CAW) requires that upon installation of the RPZA, successful tests of the assembly must be completed by a Certified Assembly Tester licensed by the State of Arkansas and approved by CAW. The test results must be sent to CAW's Cross Connection Section within ten days of installation and annually thereafter. Contact 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 Customer Owned Line Agreement is required. Fire Department: Maintain access of at least twenty (20) feet; fire hydrants per Code. Contact Fire Marshall Tony Rhodes at 607-3560 with any questions. County Planning: No comment. CATA: The site is located on CATA Bus Route #8, the Rodney Parham Route. Parks and Recreation: Without a full size drawing the Parks Department cannot conduct a full review. Please submit plans to include the property boundaries. Also provide the drainage calculations to the Parks Department for review. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Rodney Parham Planning District. The Land Use Plan shows Commercial (C) and Office (O) 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 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 C-3 (General Commercial District) and R-2 (Single Family Residential District) to PDC (Planned District Commercial) to allow for the development of a convenience store with gas pumps on this site. May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 6 Master Street Plan: Rodney Parham Road is a Minor Arterial and Breckenridge 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 Rodney Parham Road 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: A Class II Bike Lanes are shown along Rodney Parham Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. There is a Class III Bike Route shown along Breckenridge. 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. Without a legal survey reflecting the sites entirety a full review cannot commence. 3. Overall, site appears deficient in all areas of the landscape and buffer ordinances, Chapters 15 and Chapter 36. 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) The applicant was present representing the request. Staff presented an overview of the development stating there were a number of technical issues associated with the request. Staff requested the engineer provide a drawing which represented the entire boundary of the property. Staff stated without May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 7 knowing the entirety of the development the required buffers could not be computed. Staff stated in addition the Parks Department could not provide a full review of the proposed development. Staff requested the proposed signage plan including building signage and ground signage. Staff stated if signage would be placed on the eastern façade of the canopy the PCD would need to address the issues since the façade was located without public street frontage. Staff questioned if the store would operate 24-hous per day. Staff also questioned if there would be an independent restaurant located within the building. Public Works comments were addressed. Staff stated dedication of right of way to 45-feet from center line would be required on Rodney Parham Road. Staff also stated dedication on Breckenridge would be required to 30-feet from centerline. Staff stated a radial dedication would be required at the intersection of the two streets. Staff stated stormwater detention would apply to the proposed development. Staff stated a variance would be required to allow the drives on both Rodney Parham and Breckenridge nearer the property line than typically allowed by City ordinance. Landscaping comments were addressed. Staff noted a land use buffer would be required along the southern perimeter where abutting residentially zoned property. Staff stated within this area screening would also be required. Staff stated an automatic irrigation system would be required to water landscaped areas. Staff stated at the time of development a landscape plan stamped with the seal of a registered landscape architect. 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 a number of issues raised at the March 27, 2013, Subdivision Committee meeting. The applicant has indicated the store will have 24-hour access. The dumpster location has been identified on the site plan. The hours of dumpster service have not been limited to daylight hours. The revised plan indicates the entirety of the site. The signage plan has been provided and the right of way and radial dedications have been included on the revised plan. May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 8 The site contains 3.52 acres and is zoned C-3, General Commercial District and R-2, Single-family. The proposal is to allow the construction of a convenience store with fuel pumps on the property. The site plan indicates the placement of 25 parking spaces. The maximum building height is proposed at 22-feet. The plan indicates the building will contain 4,958 square feet. There are eight fuel islands for a total of 16 pumps identified on the site plan. A note on the plan indicates all site lighting will be low level and directional, directed downward and into the site. The site plan indicates a pole sign located at the intersection of Breckenridge and Rodney Parham Road. The sign is indicated with a maximum height of 30-feet and a maximum sign area of 131 square feet. The canopy includes signage on the north, east and west facades. The signage on the north façade is proposed 25.12 square feet or 3.80 percent. The signage on the east and west facades is indicated at 25.12 square feet of sign area or 34.7 percent. Building signage is allowed on the front/north façade and the western façade. The sign area on the front façade/north façade is 39 square feet and on the west façade is 25.12 square feet. The signage proposed is consistent with signage allowed in commercial zones with the exception of the signage on the east façade of the canopy which does not have public street frontage. The site plan proposes maintaining an existing vegetated buffer along the southern portion of the site where adjacent to the single-family homes. The site plan indicates the limits of the clearing, the detention pond, the floodway easement and the 25-foot access easement adjacent to the floodway. The floodway easement is a minimum of 50-feet in width. Within the area to be maintained as an undisturbed buffer a note on the plan indicates the number of trees to be preserved. There are 19 trees 10” – 12”, 21 trees 13”-18”, 9 trees 19”-24” and 7 trees greater than 25-inches. The plan indicates shrubs will be installed per the requirements of the City’s Landscape and Buffer Ordinances. The plan indicates the placement of a street buffer along Rodney Parham Road ranging from 10-feet in front of the convenience store to over 50-feet adjacent to the part of the site not being developed. The street buffer on Breckenridge Drive is 25-feet. The street buffer required on Rodney Parham Road is to average 15.75-feet and on Breckenridge Drive is to average 28.8-feet. The site plan indicates the circulation for the fuel truck. It appears the trucks will enter the site from the driveway located on Rodney Parham Road and exit onto Breckenridge Drive. The request includes a variance for the driveway located on Breckenridge Drive. The ordinance states the spacing is to be 300 feet from the Rodney Parham and Breckenridge Drive intersection and 125-feet from the property line. The drive appears to be 40-feet from the property line and 220-feet May 30, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-8849 9 from the intersection of Rodney Parham Road and Breckenridge Drive (center of the intersection to the center of the driveway). Staff is not supportive of the request. Although a portion of the property is zoned C-3, General Commercial District which would allow the development of a convenience store with gas pumps, the remainder of the property is zoned R-2, Single-family and is identified on the City’s Future Land Use Plan for office. Staff feels an office development would allow for a transition between the commercial uses along Rodney Parham Road and the residential homes located to the south. Staff feels the proposed development of the site with a convenience store with gas pumps will have a significant impact on the abutting residential homes. Staff does not feel the proposed development is appropriate for this site. I. STAFF RECOMMENDATION: Staff recommends denial of the request. 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. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was not present. There were registered objectors present. Staff presented the item stating the applicant submitted a request dated May 24, 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: B 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. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The developer is proposing the rezoning of this site to allow construction of a 4-story hotel with 130 guest rooms and parking to meet code. The brand has yet to be determined but the anticipation is a “high end” hotel with all the amenities. Currently, the site plan includes a covered “drop-off” canopy, outdoor pool with an optional indoor pool, sports court and two outdoor patio areas. The hotel will also have a full service restaurant and a bar. May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 2 B. EXISTING CONDITIONS: There are multi-family and condo developments located to the north, west and south of this site. East of the site is a vacant office building which was previously the US Post office. Southeast of the site are two single-family residences. Southwest of the site is a commercial center containing restaurant, retail and office uses. Also located in the general area is the Pleasant Ridge Towne Center, a City of Little Rock Fire Station, a single-family subdivision (Pleasant Forest) and three places of worship. 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. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. 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). 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 4. 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. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. Hauling of fill material on or off site over municipal streets and roads requires approval prior to a grading permit being issued. Contact Public Works Traffic Engineering at 621 S. Broadway, (501) 379-1805 (Travis Herbner) for more information. May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 3 7. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 8. 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. 9. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 10. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Streetlights must be installed prior to platting/certificate of occupancy. Contact Traffic Engineering 379-1813 (Greg Simmons) for more information. 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: Electric utility easements will be acquired at time of line extension when final service requirements and location 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 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 May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 4 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; 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 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 rezoning from O-3 (General Office District) to PD-C (Planned Commercial District) to allow the development of a hotel on this site. Master Street Plan: Pleasant Ridge Road is a Collector on the Master Street Plan. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 5 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 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. These islands must be evenly distributed throughout the site. 3. A six (6) foot high opaque screen, either a wooden fence with its face side directed outward, a wall, or dense evergreen plantings, is required along the southern perimeter of the site. Credit towards fulfilling this requirement can be given for existing trees and undergrowth that satisfies this year-around requirement. 4. Land use buffer shown to code. 5. A small amount of building landscaping will be required. 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) Mr. Joe White of White-Daters and Associates was present representing the request. Staff stated there were a number of outstanding technical issues associated with the request in need of addressing prior to the Commission acting on the request. Staff questioned the maximum building height for the structures. Staff also questioned the proposed signage plan including building and ground signs. Staff questioned the location of the proposed dumpster facilities and if the hours of dumpster service would be limited to daylight hours. Public Works comments were addressed. Staff stated a grading permit would be required prior to development of the site. Staff stated the stormwater detention ordinance would apply to the future development. Staff requested Mr. White May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 6 provide an engineer’s certification of the sight distance for the proposed driveway location. Staff noted streetlights would be required to be installed prior to the issuance of a certificate of occupancy. Landscaping comments were addressed. Staff stated screening would be required along the perimeters where the site abutted residential zoning or use. Staff stated a small amount of building landscaping would be required and a minimum of eight percent of the paved areas were to be landscaped with interior islands. 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 revised cover letter to staff addressing a number of the issues raised at the March 27, 2013, Subdivision Committee meeting. The applicant has indicated signage will be placed on the north and east facades of the building. The applicant has also stated there will be a full service restaurant and bar associated with the proposed hotel use. The site plan includes a covered “drop-off” canopy, outdoor pool with an optional indoor pool, sports court and two outdoor patio areas. The rezoning request is to allow the development of a 4-story hotel containing 130 guest rooms on this 4.39 acres parcel. The maximum height proposed for the hotel is 60-feet. The plan indicates the placement of a monument sign within the landscaped area along Pleasant Ridge Road. The sign is proposed with a maximum height of six (6) feet and a maximum sign area of 64 square feet. Building signage is proposed on the north façade, fronting on Pleasant Ridge Road and on the east façade, which is located without public street frontage. The applicant has indicated the sign area will not exceed ten (10) percent of the façade on which the sign is placed. The plan indicates the placement of 143 parking spaces to serve 130 guest rooms. The zoning ordinance typically requires the placement of one parking space per guest room plus an additional ten (10) percent of the total of all parking spaces required for the development to be used for employees, non-guest users patronizing meeting rooms, restaurants and other facilities. The development May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 7 would require 130 parking spaces to serve the guest rooms plus an additional 13 parking spaces to serve the non-guest rooms for a total of 143 parking spaces. The applicant has located the proposed dumpster facilities on the site plan near the southern portion of the development. The applicant has indicated the dumpster will be screened per ordinance requirements. The hours of dumpster service have been limited to 7 am to 6 pm daily. A note on the site plan indicates the maximum pole height for the parking lot lighting is 30-feet. The plan also notes all site lighting will be low level and directional, directed downward and into the site. There are retaining walls proposed within the development. A note on the site plan indicates the maximum height of the retaining walls will not exceed 15-feet in height. Along the southern boundary of the development the plan includes a 20-foot land use buffer, 70 percent of which is to remain undisturbed. The plan indicates an overhead power line along the southern boundary. The survey does not indicate this area as an easement. Per Section 36-521(f) the right of way of any utility easement shall not be used in computing the depth or area of land use buffer in developments abutting property used or zoned for R-1, R-2, R-3, R-4, PRD and PDR. The property to the south is zoned PRD. Staff is not supportive of the request. The property is currently zoned O-3, General Office District which typically allows a transition between more intense traffic generated by the non-residential uses located to the east and the residential areas located to the north, south and west. Within transition areas the intent is to provide for uses which are characterized by a low or infrequent volume of direct daily customer traffic and typically operate during normal business hours (8 – 5 Monday through Friday). Staff feels the hotel user will generate traffic during times which will most impact the residents. In addition the applicant has indicated the hotel will have a full service restaurant and bar which in staff’s opinion will add to the amount of traffic in the area and could further impact the nearby residents. I. STAFF RECOMMENDATION: Staff recommends denial of the request. May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 8 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. 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. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Lucas Hargraves addressed the Commission on behalf of the owner. He stated the request was a rezoning from O-3 to PCD to allow the construction of a 4-story hotel with up to 130 rooms. He stated the Pleasant Ridge Development had proved to be an enhancement to the area. He stated with the hotel and the existing development the area will continue to be a mixed use development and a great success for the City. He stated the Commission had been provided several letters of support from area businesses. He stated Easter Seals and Christ the King Church were on-board with the proposed rezoning. He stated the hotel was a logical addition to the existing mixed use development. Mr. Scott Schallhorn representing the Logue Family addressed the Commission in opposition of the request. He stated the Logue Family owned property at 11909 Fairview Road. He stated the property abutted the proposed rezoning area along their northern boundary. He stated the property would be impacted by the rezoning of the property to allow the hotel. He stated his clients were not opposed to commercial development but felt the property should be developed as specified in the existing zoning and the future land use plan. He stated the hotel was a commercial use and was being proposed in a residential area. He stated there were four (4) apartment complexes with approximately 750 units which generated a great deal of traffic. He stated the addition of the hotel would increase traffic and possibly conflict with the residential traffic in the area. He stated the lighting from the hotel as well as the noise from the swimming pool and athletic courts would impact this client’s property. He stated there was nothing in the application which would limit the hotel to not being a rent by the hour hotel. He stated the request was to rezone the property to C-3 which was May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 9 typically allowed at the intersections of arterials. He stated Pleasant Ridge Road was a collector street. He stated the property was zoned O-3 which was appropriate for the area. He stated circumstances had not changed to allow the rezoning. Ms. Ruth Bell, League of Women Voters addressed the Commission in opposition of the request. She stated the League was opposed to intense commercial zoning and more intense traffic generators in the area. She stated the traffic for the hotel would come and go during am and pm peak times. She stated the restaurant would draw local traffic to the site as well. She stated with the rezoning this would only dump additional traffic onto Cantrell with no definite time as to when proposed improvements and widening of Cantrell were to be completed. Ms. Lynne Logue Dowler addressed the Commission in opposition of the request. She stated her family owned property adjacent to the site proposed for rezoning. She stated she was in complete agreement with her legal counsel and was opposed to the rezoning request. Mr. Chris Cassidy addressed the Commission in opposition of the request. He stated he lived across the street in the Pleasant Ridge Apartments. He stated he worked ½ mile from his home and the travel time could take as much as 20 minutes to travel the short distance. He stated the proposed hotel would add traffic onto Pleasant Ridge Road as well as Cantrell Road. He stated the hotel would add to the noise and light pollution in the area. He stated the height of the hotel would impact the adjacent apartments. He stated this was his home. He stated he was not moving anytime soon and felt the rezoning should be denied. Mr. Hargraves addressed the Commission stating he was amending his application to only allow nightly rental. He stated the request was not a rezoning to C-3 but a rezoning to allow a hotel. He stated if developed as an office development the site could handle 30,000 to 40,000 square feet. He stated traffic from an office building would more likely conflict with the residential traffic in the neighborhood. He stated he felt the development was a good development allowing a mixed use development were the residents of the apartments could walk for services. He stated there were a number of restaurants in the area and the addition of the hotel with a restaurant would be an added amenity to the area. Mr. Joe White addressed the Commission stating the lighting would not over spill the site. He stated based on the grades the hotel would be set at 470 and the Logue property was at a 580 contour. He stated the hotel was located in the valley but above the town center. He stated there was approximately 600 feet of property between the development and the Logue property. He stated the Logue property contained approximately 400 feet of woods. He stated the long term use of the property as a hotel was the highest and best use for the property. May 30, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-8851 10 Mr. Ernie Peters addressed the Commission stating an office use would generate similar traffic as the hotel development. He provided the Commission with the vehicle trips per day for a 30,000 square foot office building, a 40,000 square foot office building and the proposed hotel use stating there was little difference when comparing the two uses. There was a general discussion by the Commission and the applicant of the proposed use of the property. Commissioner Nunnley stated in a recent visit to Atlanta he noticed several hotels within close proximity to high end neighborhoods. He stated he felt the hotel was a good fit for the area. The Commission questioned if the Neighborhood Associations had indicated opposition to the request. Mr. Hargraves stated he was not aware of any opposition from the Neighborhood Associations. Mr. Hargraves stated the Commission had been provided a letter of support from Christ the King as well as Easter Seals and a number of other property owners in the area. The Chair entertained a motion for approval of the item including all staff recommendations and comments except that of denial. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 1 FILE NO.: S-1487-B NAME: The Ridge Estates Preliminary Plat LOCATION: Located North of Pleasant Hill Road, West of Vimy Ridge Road DEVELOPER: First Community Bank, Trustee of the District 1325 Harrison Street Batesville, AR 72501 ENGINEER: Laha Engineering 6602 Baseline Road, Suite E Little Rock, AR 72209 AREA: 59.6 acres NUMBER OF LOTS: 204 FT. NEW STREET: 8500 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 16 – Otter Creek CENSUS TRACT: 41.04 Variance/Waivers: None requested. BACKGROUND: On May 29, 2005, the Little Rock Planning Commission approved a preliminary plat to allow the subdivision of this 59 acres into 198 single-family lots. The approval allowed a minimum lot size of 7,000 square feet and 8,500 linear feet of new street. The applicant indicated a tract along Vimy Ridge Road and Pleasant Hill Road to be maintained by the Property Owners Association designated for buffering of the subdivision from the adjoining roadways. The applicant also indicated a 25-foot platted building line along the front yard and side yard and rear yards to meet the minimum ordinance requirement. A phasing plan was not approved for the subdivision and the development was proposed in a single phase. May 30, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1487-B 2 The Little Rock Planning Commission approved a request to revise the preliminary plat for the subdivision on June 19, 2008. The revision modified the phasing plan for the subdivision to include five (5) phases. The street construction to Vimy Ridge Road and the internal street construction were to correspond to the phasing plan. The request also included a variance from the Master Street Plan and the Boundary Street Ordinance to allow the placement of the sidewalk at the back of curb along Vimy Ridge Road and along the internal residential streets. The applicant indicated the ground at the right of way on Vimy Ridge Road and on some of the internal lots was eight to ten feet above or below the curb. According to the applicant the sidewalks would be more likely utilized if the walks were placed at grade with the street. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to reestablish the previously approved preliminary plat to allow the development of 204 single-family lots from this 59.6 acres. The applicant has indicated the lots will be developed in five phases. The plat indicates 66 lots and two tracts in Phase I. Phase 2 includes 44 lots. Phase 3 includes 11 lots and 1 tract. Phase 4 includes 42 lots and 2 tracts and Phase 5 includes 41 lots. A 10-foot open space tract has been included along Vimy Ridge Road and Pleasant Hill Road to avoid double frontage lots. A note on the plat states no access will be granted through the open space tract. The plat also includes the placement of a 10-foot no right of vehicular access easement within the open space tract and along the street right of way on Pleasant Hill Road and Vimy Ridge Road. B. EXISTING CONDITIONS: The majority of the trees have been removed from the site. Portions of the infrastructure for the Phase I lots were previously installed but were not accepted by the various utility companies. North of the site the uses include residential, commercial and industrial. The area to the west of the site is vacant and was previously cleared of trees. The Quail Run Subdivision is located south of the site on Pleasant Hill Road. There is an approved POD located on Pleasant Hill Road to the southwest of the site. There is an area zoned MF-6 located on the southwest corner of Pleasant Hill Road and Vimy Ridge Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners along with the Alexander Road Neighborhood Association, the Quail Run Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. May 30, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1487-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Vimy Ridge 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. Pleasant Hill Road is classified on the Master Street Plan as a collector street. A dedication of right-of-way 30 feet from centerline will be required. 3. A 20 foot radial dedication of right-of-way is required at the intersection of Vimy Ridge Road and Pleasant Hill Road. 4. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Vimy Ridge Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from the centerline. The back of the sidewalk should be located at the property line. 5. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Pleasant Hill Road including 5-foot sidewalks with the planned development. The new back of curb should be located 18 feet from centerline. The back of the sidewalk should be placed at the property line. 6. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to the streets including 5- foot sidewalks prior to final platting. Residential streets should be constructed per Public Works detail PW-22. The maximum width of residential streets is 26 feet from back of curb to back of curb with sidewalk on one side. The back of the sidewalk should be placed at the property line. 7. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvement to these streets including 5-foot sidewalks with the planned development. Residential collector streets should be constructed per Public Works detail PW-23. Sidewalk is required to be installed on one (1) side of the street with the back of the sidewalk at the property line. 8. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. With the sidewalk moved from the back of curb Type 2 and Type 3 access ramps should be installed per Public Works detail PW-50 and PW-51 respectively. 9. A no right of vehicle access easement should be platted along the rear of the lots adjacent to Vimy Ridge Road and Pleasant Hill Road. May 30, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1487-B 4 10. Plans of all work in right-of-way shall be submitted for approval prior to start of work. Obtain barricade permit prior to doing any work in the right-of-way from Traffic Engineering at (501) 379-1805 (Travis Herbner). 11. A grading permit in accordance with Section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. If additional grading is requested in future phases or outside of future right-of-ways or drainage easements, a variance must be obtained to advanced grade those areas. Provide plan showing area to be advanced 12. Provide a Sketch Grading and Drainage Plan per Section 29-186 (e). 13. Per Section 29-102 an evaluation should be conducted on the basis of existing downstream development and any analysis of stormwater runoff with and without the proposed development. If the proposed development will cause or increase downstream flooding conditions. 14. Stormwater detention ordinance applies to this property. 15. 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. 16. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 17. 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. 18. Street names and street naming conventions must be approved by Public Works. Contact Glenn Haley at (501) 371-4537). 19. Vegetation must be established on all disturbed area within 21 days of completion of grading activities and prior to approval of final plat. 20. Erosion controls must be installed to reduce discharge of polluted stormwater. 21. Provide a letter prepared by a registered engineer certifying the sight distance at the intersections comply with 2004 AASHTO Green Book standards. 22. Traffic calming devices are required for long straight streets to discourage speeding. Traffic circles or round-a-bouts are suggested at regular intervals and at main intersections. Other suggestions are less wide streets, street narrowing, speed humps, and raised pedestrian tables. Contact Travis Herbner, Traffic Engineering at 379-1805 for additional information. May 30, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1487-B 5 23. Side slopes of proposed drainage ditches should not exceed a 3:1 slope. 24. Temporary turn arounds must be provided at the end of streets terminated at mid-block. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. No detention basin can be constructed over or within ten feet of the proposed or existing sewer main for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. This development previously had water mains installed in 2007; these mains were not accepted or tied into the Central Arkansas Water distribution system since the development was not completed; to complete the installation and acceptance the fill assembly will need to be reinstalled and new sterilization samples taken. After satisfactory sterilizations samples are obtained and the necessary drawings GPS information and a filed copy of the final plat are obtained the subdivision could again be placed in service. 2. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 3. Contact Central Arkansas Water regarding the size and location of water meter. 4. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 5. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrant(s) per code. Maintain access. There must be two ways to exit and enter the subdivision. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. May 30, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1487-B 6 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Troy Laha and Mr. Matt McDonald were present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff questioned if there was a tract running the length of Vimy Ridge Road and who would be responsible for the maintenance of the tract. Staff also questioned if there would be fences located within the required setback along Pleasant Hill Road. Mr. Laha stated there would be an open space tract adjacent to both the abutting streets. Public Works comments were addressed. Staff stated the street widths and design were larger than the ordinance typically required. Mr. Laha stated the entrance road would be constructed as a collector street. He stated round-abouts would be placed on the street in two locations to slow traffic. He stated the remaining residential streets would be narrowed to 24 and 26-feet as typically allowed by ordinance. He stated measures to calm traffic would be placed in these areas as well. Staff stated the sidewalk should be placed at the property line and not the back of curb. Mr. Laha stated the developers were considering transferring the cost of improvements from Pleasant Hill Road to Vimy Ridge Road and completing dollar for dollar improvement cost to Vimy Ridge Road which would allow both sides of a portion of the roadway to be widened. 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 responses from comments raised at the May 8, 2013, Subdivision Committee meeting. The proposal before the Commission is to reestablish a previously approved preliminary plat. The development is proposed in five (5) phases with the abutting arterial street construction being completed May 30, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1487-B 7 with the corresponding phase. The interior street construction will also be phased with the development. Sixty-six lots and two tracts for detention are proposed in the first phase along with the street improvements to Vimy Ridge Road abutting Phase 1. Temporary turn-arounds will be provided to accommodate City service vehicles on the interior City streets. During Phase 1 two accesses to Vimy Ridge Road will be provided. During the second phase 44 lots will be developed. Phases 3 and 4 are located along Vimy Ridge Road and will include internal street construction and the corresponding improvements to Vimy Ridge Road. A third access to Vimy Ridge Road will be constructed and the improvements to Pleasant Hill Road will be completed. During the final phase (Phase 5) the improvements to Pleasant Hill Road will be completed to Master Street Plan standard. The plan includes the development of 204 lots from this 59.6 acre parcel. This results in a density of 3.4 units per acre. The plat is indicated with a minimum lot size of 7,000 square feet as typically required by the Subdivision Ordinance. Between the lots and the abutting streets is a 10-foot open space buffer tract. Within the open space tract along Vimy Ridge Road and Pleasant Hill Road the plat includes a 10-foot no right of vehicular access easement within the open space tract. The plat indicates the placement of setbacks to comply with the R-2, Single-family zoning district. The plat indicates fences may be constructed within the required rear yard setback of the abutting streets but not within the open space tract. The developer has indicated a desire to allow the construction of a six foot fence within the rear yard setback of the homes abutting Vimy Ridge Road and Pleasant Hill Road. No variance is required since there is a separate tract between the lots and Vimy Ridge Road and Pleasant Hill Road. Staff recommends all fences at intersections be constructed as required in Section 36-516(f)(2) which states any fence erected along a property line corner or within the fifty (50) foot triangle formed by the property line intersection shall comply with the obstruction provisions of Section 32-8 of the Code of Ordinances. The revised plan indicates the placement of sidewalks to comply with the ordinance. The sidewalks will be placed adjacent to the right of way and not at the back of curb. Staff is supportive of the applicant’s request. The applicant is proposing the subdivision of 59 acres into 204 single-family lots. The applicant has indicated 8,500 linear feet of new street constructed to Master Street Plan standard. The applicant has indicated sidewalks will be placed along the interior roadways and along Vimy Ridge Road and Pleasant Hill Road. The revised plat includes traffic May 30, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-1487-B 8 calming devices as requested by Public Works staff. The applicant has indicated the majority of the lots proposed will be 70-feet by 100-feet or 7,000 square feet. The applicant has indicated a 25-foot platted building line along the front yard and has indicated side yard and rear yards will meet the minimum ordinance requirement. To staff’s knowledge there are no outstanding technical issues associated with the requests. 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. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present representing the request. There were no registered objectors present. Staff stated the request would require a By-law waiver with regard to the number of days the notices were mailed in relation to the requirement of the By-laws. Staff stated the notices were mailed 14 days as opposed to the typically required 15 day notification. Staff presented a recommendation of approval of the By-law waiver. 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 By-laws waiver to allow the 14 day notification of the abutting property owners. The motion carried by a vote of 8 ayes, 0 noes, 2 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 2 FILE NO.: S-1636-C NAME: Beau Rivage Addition Revised Preliminary Plat LOCATION: Located East of South Ridge Drive, just South of the Walton Heights Subdivision and North of Trinity Assembly of God Church DEVELOPER: Shollmier Family Limited Partnership 13925 Beau Vue Drive Little Rock, AR 72223 ENGINEER: The Holloway Firm 200 Casey Drive Maumelle, AR 72113 AREA: 14.438 acres NUMBER OF LOTS: 9 FT. NEW STREET: 569.5 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 1 – River Mountain CENSUS TRACT: 42.05 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-232(b) to allow lots more than three times as deep as it is wide. 2. A variance from the City’s Land Alteration Ordinance to allow clearing outside the right of way with the installation of the street. BACKGROUND: On September 3, 2009, the Little Rock Planning Commission reviewed a request to allow the development of this site with 30 single-family lots. The plat included variances which the Commission did not approve. May 30, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-C 2 On December 3, 2009, the Little Rock Planning Commission approved a request to allow a preliminary plat containing 16.43 acres to develop with 30 single-family lots and four (4) Tracts. Tract A was proposed as a conservation easement with a nature trail containing 8.0 acres. Tracts B and C were indicated along Southridge Drive containing 0.056 and 0.179 acres and proposed as open space and buffering along the existing street. Tract D was indicated as open space containing 0.46 acres along the south side of the development. The subdivision was proposed with lots averaging 0.224 acres with a minimum lot size of 0.164 acres. The overall density was 1.825 units per acre. A new public cul-de-sac street would be constructed to serve the new homes. The street was indicated with 1,341.39 linear feet constructed to City standard for a minor residential street. Beau Rivage Drive was indicated with a centerline grade of 17.6 percent. The Master Street Plan allows for a maximum centerline grade of 16 percent but allows staff to administratively approve a variance in the design standard of up to ten percent. The Master Street Plan states this variance in design standard does not require an amendment to the Master Street Plan. With the administrative variance the street is allowed a maximum centerline grade of 17.6 percent, as proposed by the developer August 8, 2010 the Little Rock Planning Commission approved a request to amend the previously approved preliminary plat to allow 30 residential lots and two cul-de-sacs. The subdivision contained 16 acres and was proposed with 8.2 acres dedicated as open space. The average lot size proposed with the plat was 0.227 acres and the minimum lot size proposed was 0.164 acres. The development was proposed with an overall density of 1.825 units per acre. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing the subdivision of the 16+ acres into nine (9) residential lots and one tract. The tract is proposed containing 6.2 acres and will be dedicated to a conservancy agency. The street will be platted as a public street 570-feet in length. The lots range in size from 0.63 acres to 1.8 acres. There is a variance associated with the proposed plat. Lots 3 – 6 exceed the maximum depth to width ratio allowed per the Subdivision Ordinance. The subdivision has a single access point from Southridge Drive. The request includes a variance from the City’s Land Alteration Ordinance to allow grading outside the right of way with the installation of the proposed street. May 30, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-C 3 B. EXISTING CONDITIONS: The site is heavily wooded and appears to contain a significant slope from north to south. The site abuts the Walton Heights Subdivision to the north and to the south an area zoned Open Space. Along the southern boundary the site is adjacent to a City of Little Rock Fire Station, vacant property, an office building, a church and single-family homes located on large lots all in excess of five (5) acres which are accessed from River Mountain Road. Pleasant Ridge Towne Center is located to the south and across Cantrell Road. The Center has developed with a number of retail and restaurant uses. Within the general area are a number of apartments, commercial and office uses located to southeast and southwest of the site, along and across Cantrell Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All abutting property owners along with the Walton Heights Candlewood Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide the design of street conforming to the Master Street Plan. Construct street improvements to public street standards with planned development. The street should be constructed per City details. The curb shown on the typical section does not meet City code. See Public Works detail PW-29. 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. If the lots are desired to be graded, a variance for an advanced grading permit is required to be requested. 3. Provide a Sketch Grading and Drainage Plan per Section 29-186. Provide the profile of the proposed street showing centerline grade, sight distance, and horizontal radius of the centerline. Minor residential street slope cannot exceed a 16% slope and with a variance to not exceed 18%. 4. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. With this being a private subdivision, all drainage easements are also private. May 30, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-C 4 5. 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. 6. Streetlights are required by Section 31-403 of the Little Rock code. Provide plans for approval to Traffic Engineering. Due to the private street, private streetlights will be installed prior to platting/certificate of occupancy. CLR is not responsible for payment of the utility bill. Contact Traffic Engineering 379-1813 (Greg Simmons) for more information. 7. Vegetation must be established on disturbed area within 21 days of completion of harvest activities. 8. Erosion controls must be installed to reduce discharge of polluted stormwater. 9. Provide a letter prepared by a registered engineer certifying the sight distance at the intersection complies with 2004 AASHTO Green Book standards. 10. Since the street is proposed to be 24 feet in width, show on the plan the area of street where parking will be restricted to one side. City of Little Rock signage will not be provided on private streets. 11. Are retaining wall proposed to be installed? 12. Access should be provided to tract land. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements for this project. Contact Little Rock Wastewater Utility for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. A main extension will be required to provide water to this property. 2. All Central Arkansas Water requirements in effect at the time of request for water service must be met. May 30, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-C 5 3. Please submit plans for water facilities to Central Arkansas Water for review. Plan revisions may be required after additional review. Contact Central Arkansas Water regarding procedures for installation of water facilities. Approval of plans by Central Arkansas Water, the Arkansas Department of Health and the Little Rock Fire Department is required. 4. 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. 5. 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. 6. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Mark Redder of the Holloway firm 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 if the development was gated then the streets were to be private. Staff noted the City would not be responsible for maintenance of the private street. Mr. Redder stated the desire was to dedicate the street to the City and the gates would be removed from the plan. May 30, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-C 6 Public Works comments were addressed. Staff asked if any clearing beyond the right of way would take place with the installation of the street. Mr. Redder stated it would be necessary to clear a portion of the lots beyond the right of way to get the street installed due to the terrain. Staff stated this would require a variance from the City’s Land Alteration Ordinance. Staff questioned if there were any retaining walls. Mr. Redder stated there were no retaining walls proposed which would require a variance from the Land Alteration Ordinance. Staff also requested the revised plan indicate access to the proposed tract land. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the May 8, 2013, Subdivision Committee meeting. The applicant has indicated the street will be dedicated as a public street and has provided access to the proposed conservation easement area. The request is to allow the subdivision of the 16+ acres into nine (9) residential lots and one tract. The tract is proposed containing 6.2 acres and will be dedicated as a conservation easement and the intent is to donate the area to a conservancy agency or foundation. The street will be platted as a public street 570-feet in length. The applicant has provided a certification of sight distance at the street intersection with Southridge Drive as requested by staff. The lots range in size from 0.63 acres to 1.8 acres. There is a variance of the typical standards of the Subdivision Ordinance associated with the proposed plat. Lots 3 – 6 exceed the maximum depth to width ratio allowed per Section 31-232(b) of the Little Rock Code of Ordinances. The ordinance states no residential lot shall be more than three times as deep as it is wide, except lots approved under paragraphs (g) or zero lot line lots in the R-2, R-3, PRD and PD-R zoning district. (Paragraph (g) states in residential subdivisions where lots abut a freeway, expressway or occupied mainline railroad right of way, such lots shall have an overall depth of not less than 175-feet in order to ensure proper separation of residences from adjacent thoroughfare or railroad line.) The request includes variances from the City’s Land Alteration Ordinance to allow grading of a small area outside the right of way with the installation of the streets. The applicant has indicated the new street will be constructed on a ridge May 30, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-C 7 and the advanced grading will allow the installation of the street to meet City specifications. The subdivision has a single access point from Southridge Drive. Section D107 of the 2006 International Building Code states one or two family residential developments where the number of dwelling units exceeds 30 a separate and approved fire apparatus access road must be provided. The development is proposed with nine (9) lots therefore a secondary access is not required to meet this section of the International Building Code. Staff is supportive of the request and the associated variances. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. The lots are indicated ranging from just over ½ acre to just under 2 acres. 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 31-232(b) to allow the lots to develop with an increased lot depth to width ratio. Staff recommends approval of the variance request from the City’s Land Alteration Ordinance to allow grading outside the right of way with the installation of the proposed street. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from Section 31-232(b) to allow the lots to develop with an increased lot depth to width ratio. Staff also presented a recommendation of approval of the variance request from the City’s Land Alteration Ordinance to allow grading outside the right of way with the installation of the proposed street. Mr. Mark Redder addressed the Commission on the merits of the request. He stated the developer was proposing to develop the subdivision with upscale homes. He stated the original approval was to develop the site with 30 homes. Mr. Redder stated the May 30, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1636-C 8 current request limited the number of homes of nine. He stated the developer requested his firm limit the dirt work and save as many trees as possible. Mr. Adam Doty addressed the Commission in opposition of the request. He stated when he bought his home he was told the area would not develop. He stated along the rear of his home was a bank of windows with panoramic views. He stated if the development occurred it would be in his back yard. He stated traffic on Cantrell Road was too intense to handle any additional vehicles. He stated he enjoyed his privacy and did not want his view to go away. Chairman Rector stated the development was currently approved with 30 lots. He stated the request would significantly reduce the amount of developed area. Mr. Ron Rowen addressed the Commission in opposition. He questioned the current approval and if the developers could in fact build 30 homes. Chairman Rector stated the currently approved preliminary plat would allow the development of 30 homes and two streets within the same area proposed for subdivision into nine (9) residential lots. Mr. Redder stated the developer felt the current proposal of nine (9) lots was an improvement from the original approval. He questioned why anyone would object to the reduced number of lots. 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. May 30, 2013 ITEM NO.: 3 FILE NO.: S-1668-B NAME: Brunson Addition Preliminary Plat LOCATION: Located at 17901 Agee Lane DEVELOPER: Matt Brunson 415 Shamrock Drive Little Rock, AR 72205 SURVEYOR: Central Arkansas Surveying 1926 Salem Road Benton, AR 72019 AREA: 12.06 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 18 – Ellis Mountain CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 31-231 to allow the development of lots utilizing private streets. 2. A variance from Section 31-232(a) to allow the development of lots with a reduced lot width. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is preliminary plat approval to allow this 12.46 acre parcel to be subdivided into three residential lots. The property is located outside the City limits but within the City’s Extraterritorial Planning Jurisdiction. Lot 1 is proposed containing 3.00 acres, Lot 2 containing 5.07 acres and Lot 3 containing 3.99 acres. The lots currently utilize access from a 62-foot ingress egress easement located along the northern boundary, Agee Lane. An existing drive extending May 30, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1668-B 2 from Agee Lane will serve as access to the new lots. The lots will be final platted in phases. Only Lot 1 will be final platted at the time of approval of the preliminary plat. Lot 1 is proposed with a variance from the Subdivision Ordinance to allow the lot width at Agee Lane less than the minimum lot width required per the zoning district. The ordinance typically requires the placement of a minimum lot width of 60-feet. The request also includes a variance from the Subdivision Ordinance to allow the development of the lots utilizing private streets. B. EXISTING CONDITIONS: The site is located on Agee Lane which is a narrow gravel drive extending from Stewart Road. There are four to five homes who take access from Agee Lane. The majority of the area is developed with single-family homes located on acreage. 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 in the area. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. Provide the septic certification for the proposed subdivision. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. A water main extension will be required to provide water service to Tracts 2 and 3. May 30, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1668-B 3 2. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 3. A water main extension is needed to provide water service to this property. 4. 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. 5. 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. 6. 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. 7. Contact Central Arkansas Water regarding the size and location of water meter. 8. 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. 9. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: 1. Add amendment provision and renewal clause to Bill of Assurance. 2. Show state plane coordinates for two property corners. 3. Provide AHD or DR approval of septic system. 4. Obtain approval letter from volunteer fire department. 5. County Oaks Drive should be shown south of Agee Lane in Vicinity Map CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. May 30, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1668-B 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) The applicant was present representing the request. Staff stated there were few outstanding technical issues associated with the request. Staff noted comments from County Planning and Central Arkansas Water. Staff also requested Mr. Brunson provide the septic certification and a letter from the area volunteer fire department indicating their knowledge of the proposed subdivision. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the May 8, 2013, Subdivision Committee meeting. The request is preliminary plat approval for this 12.46-acre parcel to be subdivided into three (3) residential lots. Lot 1 is proposed containing 3.00 acres, Lot 2 containing 5.07 acres and Lot 3 containing 3.99 acres. The lots currently utilize access from a 62-foot ingress egress easement located along the northern boundary, Agee Lane. An existing drive extending from Agee Lane will serve as access to the new lots. Section 31-231 of the Little Rock Code of Ordinances states all lots shall abut upon a public street, except where private streets are explicitly approved by the Planning Commission. Lot 1 is proposed with a variance from the Subdivision Ordinance to allow the lot width at Agee Lane less than the minimum lot width required per the Zoning District. The ordinance for R-2, Single-family residentially zoned property a typical minimum lot width of 60-feet at the building line is required. As proposed the lot width for Lot 1 is 40-feet at the front building line. Staff is supportive of the request. The area is developed with homes located on acreage. Located on Agee Lane are four (4) existing homes. Staff does not feel the allowance of the creation of these additional lots will adversely impact the area. May 30, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1668-B 5 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 31-232(a) to allow the development of lots with a reduced lot width. Staff recommends approval of the variance request from Section 31-231 to allow the development of lots utilizing private streets. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request from Section 31-232(a) to allow the development of lots with a reduced lot width. Staff also presented a recommendation of approval of the variance request from Section 31-231 to allow the development of lots utilizing private streets. 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. May 30, 2013 ITEM NO.: 4 FILE NO.: Z-3371-VV NAME: The Shoppes at Colonel Glenn Zoning Site Plan Review LOCATION: 4600 Colonel Glenn Plaza Drive DEVELOPER: LLEJI, LLC c/o Leonard Bowen P.O. Box 22407 Little Rock, AR 72221 ENGINEER: White-Daters and Associates #24 Rahling Circle Little Rock, AR 72223 AREA: 1.73 acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF CURRENT ZONING: C-2, Shopping Center District PLANNING DISTRICT: 11 – I-430 Planning District CENSUS TRACT: 24.05 VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the driveways on Colonel Glenn Plaza Drive and Colonel Glenn Road to develop nearer the property line and the intersection than typically allowed. BACKGROUND: On July 1, 2010, the Little Rock Planning Commission approved a Site Plan for this property located at the northwest corner of Colonel Glenn Road and Colonel Glenn Plaza Drive. The request included a plat to allow the subdivision of the property to allow the development of the property with two (2) uses, both with drive-through service. Access was taken at the rear of the property off Colonel Glenn Plaza Drive. An additional right-in/right-out drive was located near the front of the property to aid in facilitation of the drive-through service and eliminate cars back tracking through the site in order to exit onto Colonel Glenn Plaza Drive and ultimately Colonel Glenn Road. No driveway was proposed off Colonel Glenn Road. The approval allowed a variance for the two (2) lots from the zoning district to allow lots less than the five (5) acre minimum. May 30, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-VV 2 The variance allowed each building to stand on its own lot which would facilitate financing and development of the property whether as a sale or ground lease. Ordinance No. 20,461 adopted by the Little Rock Board of Directors on August 16, 2011, rezoned the property from C-2 to PCD to allow the construction of a 4,565 square foot convenience store with ten (10) fueling pumps on this site. Access was proposed from a right in/right out driveway on Colonel Glenn Road along with a full service driveway at the northwest corner of the property on Colonel Glenn Plaza Drive. An additional exit only driveway on Colonel Glenn Plaza Drive to allow traffic to exit directly from the front of the store and turn east on Colonel Glenn Road was proposed. On March 29, 2012, the Little Rock Planning Commission approved a request for a revocation of the PCD zoning and a Zoning Site Plan Review for this site. The owner proposed to develop two (2) restaurant uses with drive-in and drive-thru service. Access was proposed from a full service driveway on Colonel Glenn Road along with a full service driveway at the northeast corner of the property on Colonel Glenn Plaza Drive. An additional right-in/right-out drive would be located near the front of the property on Colonel Glenn Plaza Drive. Variances for the driveway placement were approved with the site plan review request. The revocation request was not forwarded to the Little Rock Board of Directors for final action and the property is currently zoned PCD. On November 29, 2012, the Little Rock Planning Commission approved a Conditional Use Permit application request to allow the development of this site with an automobile dealership. This development has not occurred. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing the development of the property with an 1,806 square foot Sonic restaurant with drive-thru service. There are 21 parking spaces allotted with speakers for order/delivery to the vehicle. The Sonic will also have a 50-foot by 60-foot outdoor playground and a 50-foot by 95-foot volley ball area. The plan includes a 50-foot by 30-foot outdoor dining area between the two play areas. These three outdoor areas will be lighted for evening use. The driveway locations shown match those previously approved with other applications for this site. Landscape buffers along the streets meet the six percent average requirement for the lot depth. The applicant is also requesting a revocation of the PCD zoning approved on August 16, 2011, by the adoption of Ordinance No. 20,461. May 30, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-VV 3 B. EXISTING CONDITIONS: The site has a number of trees scattered around the site. Colonel Glenn Plaza Drive has been constructed to the northern property line of the newly constructed Crain Ford automobile dealership. There are a number of non-residential uses in the area including additional automobile dealerships on the south side of Colonel Glenn Road, a movie theater, a nursing school and a strip office/showroom/warehouse development. Further southwest of the site is a public school, Fair High School, located on David O Dodd Road. Northwest of the site are single-family homes located along South Bowman Road and West 36th Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association, the Stagecoach Dodd Neighborhood Association, the Crystal Valley Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Sidewalks with appropriate handicap ramps are required in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. Sidewalk should be installed north of north driveway off Colonel Glenn Plaza Drive. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The south driveway off Colonel Glenn Plaza Drive does not provide sufficient spacing distance from other driveways and intersection and should be removed from plan. 4. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. A variance from the driveway spacing requirements should be requested for the Colonel Glenn Road driveway. The width of driveway should be reduced to 27 feet. 5. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. May 30, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-VV 4 6. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 7. 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. 8. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 9. 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. 10. 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. 11. A radial dedication of right-of-way is required at the intersection of Colonel Glenn Road and Colonel Glenn Plaza Drive. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: A 10-foot utility easement is required for Entergy’s primary facilities. Contact Entergy for additional information. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. 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. 3. 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. May 30, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-VV 5 4. Contact Central Arkansas Water regarding the size and location of water meter. 5. 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. 6. 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: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An automatic irrigation system is required. 3. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a registered landscape architect. 4. The City Beautiful Commission recommends preserving as many existing trees as feasible. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. May 30, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-VV 6 G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Joe White of White-Daters and Associates 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 prior to the issuance of a building permit a revocation of the existing PCD zoning would be required. Staff stated the speaker for the drive-thru order board was to be screened with a solid wall unless the Commission approved a plan which did not include screening. Staff also requested the applicant provide details of the proposed signage plan including building and ground signage. Public Works comments were addressed. Staff stated the southern drive on Colonel Glenn Plaza Drive should be removed. Staff also stated the driveway located on Colonel Glenn Road could remain but was limited to 36-feet in width to match the width of the driveway located to the south. Landscaping comments were addressed. Staff stated an automatic irrigation system would be required to water the landscaped areas. Staff also stated prior to the issuance of a building permit it would be necessary to submit a landscape plan prepared by a registered landscape architect. 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 addressing comments raised at the May 8, 2013, Subdivision Committee meeting. The revised plan indicates the proposed signage plan. The applicant has also requested to not screen the order menu board for the drive-through window. The applicant has not removed the southern most drive on Colonel Glenn Plaza Drive. The plan includes the construction of a 1,806 square foot restaurant with drive- through service. There are 22 covered spaces with menu boards included on the plan along with the drive-through window. The plan indicates the placement of a playground, seating area and volleyball court along the west side of the property. The playground will be enclosed with a 5-foot wrought iron fence. The volleyball area will be enclosed with a 16-foot black vinyl coated chain link fence. The applicant has indicated the fence height May 30, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-VV 7 is necessary to keep the volleyball inside the play area and not in the parking lot. Within this area there are 17 parking spaces which are not covered. The plan also includes the placement of 14 parking spaces along the northern perimeter. The parking indicated on the site far exceeds the typical requirement for a restaurant user. The site plan notes signage will comply with signage allowed in commercial zones. The plan includes the placement of a pylon sign near the drive on Colonel Glenn Road. The sign is proposed 36-feet in height and 160 square feet in area. Building signage is proposed on the front and east facades, which abut public streets. The sign area on each façade will not exceed ten (10) percent of the total façade area on which it is placed. The site plan indicates the placement of a 12-foot by 16-foot storage building near the volleyball court area. The applicant states the building will be a single story building and used for storage of inventory. The plan includes a variance from Sections 30-43 and 31-210 to allow the drives on Colonel Glenn Plaza Drive and Colonel Glenn Road to be located nearer the property line than typically allowed. The plan indicates the placement of two drives on Colonel Glenn Plaza Drive and a single drive on Colonel Glenn Drive. The south driveway off Colonel Glenn Plaza Drive does not provide sufficient spacing from the other driveway on Colonel Glenn Plaza Drive and also the intersection with Colonel Glenn Road. Staff is not supportive of the southern drive and feels the drive should be removed from plan. Staff is supportive of the variance to allow the northern drive on Colonel Glenn Plaza Drive and the drive on Colonel Glenn Road nearer the property line than typically allowed. Staff is generally supportive of the plan but staff does not support the placement of the southern drive on Colonel Glenn Plaza Drive. Staff is in support of all other aspects of the proposed development. I. STAFF RECOMMENDATION: Staff recommends denial of the site plan as proposed. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had revised the site plan to limit the southern driveway onto Colonel Glenn Plaza Drive to be a right-in only drive. Staff stated based May 30, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: Z-3371-VV 8 on the revision to the site plan and limiting the driveway to a right-in only driveway staff was now supportive of the request. Staff stated to their knowledge there are no remaining outstanding technical issues associated with the request. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 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. May 30, 2013 ITEM NO.: 5 FILE NO.: Z-4336-LL NAME: Arkansas Children’s Hospital Zoning Site Plan Review and Alley Abandonment (G-23-437), LOCATION: Located South of 12th Street between Battery and Wolfe Streets. The alley is a North/South alley located in Block 5 Centennial Addition DEVELOPER: Arkansas Children’s Hospital Attn: Larry Beckius One Children’s Way Little Rock, AR 72202 ENGINEER: Cromwell Architects and Engineers 100 South Spring Street Little Rock, AR 72201 AREA: 0.82 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: O-2, Office and Institutional PLANNING DISTRICT: 8 – Central City CENSUS TRACT: 45 VARIANCES/WAIVERS REQUESTED: 1. A variance from Section 36-280(1) to allow the building setbacks on 12th and Battery Streets less than 25-feet. 2. A variance from Section 36-501 to allow the building to utilize parking within the Children’s Campus. 3. A variance from Section 36-280(b) to allow coverage in excess of the typical ordinance standard. May 30, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-LL 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting approval of a Zoning Site Plan Review application to allow the development of a new three story medical clinic containing 50,600 square feet. The existing parking lot on the southwest corner of 12th and Wolfe Streets will be used to provide parking for the new building. The building materials are anticipated to be brick, glass and composite siding. There are variances associated with the new construction. The plan indicates a setback variance along 12th Street and also along Battery Street. The variance is necessary to maintain several large mature trees on the site and preserve a good green space for both patients and employees. The request also includes the abandonment of an alley and partial easement. The request is to close the entire alley from 12th to 13th Street through the property. Currently within the Children’s ownership the alley is grass with utility poles extending from 12th to 13th Streets. Fronting on Battery Street the southern lot is under an ownership other than Children’s and is currently operating as a beauty salon. On the beauty salon property the alley has been paved for parking. Electrical service to the salon is provided from the alley. The request is to abandon the utility easement for the northern five (5) lots and maintain the utility easement for only the southern lot. B. EXISTING CONDITIONS: The site is contained within a six foot chain link fence and has been used as a storage/maintenance area for the hospital. There is a newly constructed parking lot fronting Wolfe Street. North of the site is a parking lot, east of the site is an office building which is a part of the Children’s campus. Southeast of the site is the Westside Lofts Building which contains residential and office uses. On the corner of 13th and Battery Streets is a beauty salon which has parking from 13th Street. Across Battery Street is a large commercial building which was originally built as a supermarket and is currently unoccupied. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Central High Neighborhood Association, the Capitol Hill Neighborhood Association and the Downtown Neighborhood Association with the were notified of the public hearing. May 30, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-LL 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that 12th Street for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 2. A 20 foot radial dedication of right-of-way is required at the intersection of 12th Street and Battery Street. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Remove all existing driveway curb cuts not proposed to be used. 5. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. No objection to the alley abandonment. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of water meter. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. 5. 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. May 30, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-LL 4 6. 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. 7. A short water main extension may be needed to provide water service to this property. 8. 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 Customer Owned Line Agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #3 – the Baptist Medical Center route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Street trees along 12th Street and Battery Street are recommended by both the City of Little Rock and the City Beautiful Commission. 3. A small amount of landscaping will be required between the new building and the parking lot. May 30, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-LL 5 4. 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: (May 8, 2013) The applicants were present representing the request. Staff presented an overview of the item stating the request was a zoning site plan review and also a right of way abandonment for a north/south alley running between the proposed building and the existing parking lot. Staff stated the right of way and easements were to be abandoned for the northern five (5) lots. Staff stated the easements would be retained for the southern portion of the alley to maintain electrical access to the adjacent beauty salon. Staff questioned the proposed signage plan and if there would be a dumpster located on the site. Staff also questioned if the building would be two or three stories in height. Staff also questioned any fencing proposed along the street sides. Public Works comments were addressed. Staff stated a radial dedication of right of way was required at the intersection of Battery and 12th Streets. Staff also stated any existing broken curb, gutter or sidewalk was to be replaced with the proposed redevelopment of the site. Landscaping comments were addressed. Staff stated street trees were encouraged along both 12th and Battery Streets. Staff also stated a small amount of building landscaping would be required between the new building and the parking lot. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter and site plan to staff addressing the issues raised at the May 8, 2013, Subdivision Committee meeting. The applicant has provided the proposed signage plan, the dumpster location and the proposed fencing. The applicant has also indicated radial dedications will be provided as requested by Public Works staff. May 30, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-LL 6 The request is for approval of a Zoning Site Plan Review application to allow the development of a new three story medical clinic containing 50,600 square feet. The existing parking lot on the southwest corner of 12th and Wolfe Streets will be used to provide parking for the new building. The request also includes the abandonment of a north/south alley running through the applicant’s ownership. There are variances associated with the new construction. The plan indicates a setback variance along 12th Street and also along Battery Street. The variance is necessary to maintain several large mature trees on the site and preserve a good green space for both patients and employees. The building setback on 12th Street is 15-feet and along Battery Street is 18.4-feet. The O-2, Office and Institutional Zoning District typically requires the placement of a 25-foot building line. The building materials are anticipated to be brick, glass and composite siding. The request includes a variance from Section 36-280(b). The ordinance states all buildings shown on the required site plan shall cover an aggregate area of not more than forty percent of the area of such site. The lot area is 33,687 square feet and the building footprint is 17,250 square feet resulting in 51 percent of the lot covered. If the parking lot and proposed building were calculated as a typical single development, the building coverage would be 23-percent. The applicant has indicated the building height will be 43-feet with a 2-foot parapet wall placed at the roof level. In addition there will be a screen around the mechanical equipment on the roof. The screen will be placed on all four sides with the roof and the screen walls will be set back 30-feet from the edges of the building. The total height of the building and screen will be 54-feet. The request also includes the abandonment of an alley and partial easement. The request is to close the entire alley from 12th to 13th Street through the property. Currently within the Children’s ownership the alley is grass with utility poles extending from 12th to 13th Streets. Fronting on Battery Street the southern lot is under an ownership other than Children’s and is currently operating as a beauty salon. On the beauty salon property the alley has been paved for parking. Electrical service to the salon is provided from the alley. The request is to abandon the utility easement for the northern five (5) lots and maintain the utility easement for only the southern lot. The alley abandonment is 20-feet wide and 330-feet in length for a total 6,600 square feet or 0.15 acres. The applicant has received certification from the abstract company concerning the reversionary rights. The entire 20-feet adjacent to Lots 1 - 5 and 8 – 12 will revert to the applicant. The western 10-feet adjacent to Lot 6 will become the ownership of the beauty salon owner. The eastern 10-feet will become the ownership of the May 30, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-LL 7 applicant. All the utility companies and Public Works have reviewed the abandonment request for the right of way and easements. All the utility companies and public works concur with the abandonment of the right of way and the abandonment of the easement adjacent to Lots 1 – 5 and 8 – 12 and maintaining the easement rights adjacent to Lots 6 and 7. Previously the Commission approved an overall signage plan for the Campus. The new construction will place signage, both ground and building signage, consistent with the approved overall signage plan. A small directional sign will be placed on the fence at the intersection of 12th and Battery Street directing patients to the parking lot which will be accessed from Wolfe Street. The site plan indicates the placement of a six (6) foot decorative steel fence along 12th and Battery Streets and between this property and the beauty salon to the south. The decorative fence will also be placed between the building and the adjacent parking lot. Staff is supportive of the request. Although there are variances associated with the request staff feels the applicant has done an adequate job in limiting the impact of the variances on the abutting properties. 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 following variance requests: 1. A variance from Section 36-280(1) to allow the building setbacks on 12th and Battery Streets less than 25-feet. 2. A variance from Section 36-501 to allow the building to utilize parking within the Children’s Campus. 3. A variance from Section 36-280(b) to allow coverage in excess of the typical ordinance standard. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Staff presented a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. May 30, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: Z-4336-LL 8 Staff presented a recommendation of approval of the following variance requests: a. A variance from Section 36-280(1) to allow the building setbacks on 12th and Battery Streets less than 25-feet. b. A variance from Section 36-501 to allow the building to utilize parking within the Children’s Campus. c. A variance from Section 36-280(b) to allow coverage in excess of the typical ordinance standard. Staff also presented a recommendation of approval of the abandonment request of the right of way for the north/south alley located between 12th and 13th S t r e e t s . S t a f f presented a recommendation of the abandonment request for the easement rights adjacent to Lots 1 – 5 and 8 – 12 Block 5 Centennial Addition to the City of Little Rock. 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. May 30, 2013 ITEM NO.: 6 FILE NO.: Z-2246-A NAME: Paradise Group LLC Short-form PCD LOCATION: Located at 2020 Vance Street DEVELOPER: Paradise Group LLC Julius J Larry III 2615 West 12th Street Little Rock, AR 72202 ENGINEER: Blaylock Threet 1510 S. Broadway Street Little Rock, AR 72202 ARCHITECT: Ron Woods Architect 2200 S. Main Street Little Rock, AR 72206 AREA: 2.4176 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District and O-3, General Office District ALLOWED USES: General retail PROPOSED ZONING: PCD PROPOSED USE: Mixed use including residential, office, commercial, restaurant VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing a rezoning from C-3, General Commercial District and O-3, General Office District to PCD to allow the redevelopment of the property with a mixed use development utilizing the existing buildings. The gated May 30, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2246-A 2 community will have 24-hour security on the premises and in the building. The first floor will contain two entrances, including a front entrance lobby, vestibule, commercial kitchen and restaurant. The area identified as the ballroom will be used solely by the residents of the home. The area is no longer proposed as a special events center. The ground floor will also contain the director’s office and program administration offices for the Ida B. Wells Home for Pregnant Girls. The restaurant will receive the contract to provide daily meals for the residents. The second floor will contain law offices, a beauty salon, classrooms and a non-denominational chapel. The beauty salon will serve the residents of the building as well as private clients. There will also be administrative offices for the Little Rock Sun Times, LLC. The third through seventh floors will contain dormitory style living quarters meeting specifications set out by DHS, including bathroom facilities. Each dormitory floor will have a medical area in case of emergencies. Living quarters for the adult floor supervisor and security offices will be located on floors three through seven. There are 13 units per floor proposed. The living area will consist of rooms with two girls per room and a common living area and bathroom area. The seventh floor will be utilized as Phase 1 of the Community re-integration program. The eight floor will contain the caseworker offices. This floor will also have a gym, exercise area and the offices for the Little Rock Sun Community Newspaper. The outlying building will be used for future retail. The swimming pool will remain as is and will be used by the residents of the Home only. B. EXISTING CONDITIONS: The building was constructed as a hotel and was subsequently occupied by Job Corps. The building has been vacant for a number of years and is currently boarded for security. The retail building is also unoccupied. Around the site are single-family homes on Vance, Bragg and East 21st Streets. Access to the property from I-30 is very limited. There is an Interstate overpass at East 21st Street allowing access to the middle school located on the I-30 Frontage Road and a bus yard located on Barber and 21st Streets. North of the site on Vance and 17th Streets is an elementary school and south of the site on Roosevelt and Barber Street is also an elementary school. May 30, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2246-A 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Community Outreach Neighborhood Association, the East Little Rock Neighborhood Association, the Hanger Hill Neighborhood Association and the Mac Arthur Park Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Vance Street and East 21st Street. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. The existing driveway curb cut on Bragg Street northwest of the subject property should be removed at the time of redevelopment. 4. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has no objections. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of water meter. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. May 30, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2246-A 4 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. 5. 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 6. 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: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #6 – the Granite Mountain Route and #19 – the Hensley Express Route. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Mixed Use (MX) for this property. This category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from C-3 (General Office District) and O-3 (General Office District) to PCD (Planned Commercial District) to allow the redevelopment of the site to a home of pregnant women and retail uses using the existing buildings on the site. Master Street Plan: Vance and Bragg Streets are both Local Streets 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 May 30, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2246-A 5 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. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An upgrade will be required if the rehabilitation of the structure exceeds fifty percent (50%) of the current replacement cost of the building. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Any new parking areas must comply with the City’s buffer and landscape ordinances; it appears some of the parking may be new and located within the street buffer and required landscape strip. 5. A land use buffer is required next to any residentially zoned property. It appears existing parking areas are located within the land use buffer areas; care to screen these areas should be taken. 6. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a registered landscape architect. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Ron Woods of Woods Architecture Group was present representing the request. Staff presented an overview of the development stating there were a few outstanding technical issues associated with the request. Staff questioned if the development would be phased or if the entire building would be rehabbed at one time. Mr. Wood stated the renovation would be phased with two to three floors per phase. Staff also requested the applicant provide the proposed signage plan, more specific listing of proposed commercial uses and the days and hours of operation for the office and retail uses. Public Works comments were addressed. Staff stated a 20-foot radial dedication of right of way was required at the intersecting streets. Staff also stated the driveway on Bragg Street should be removed at the time of redevelopment of the site. May 30, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2246-A 6 Landscaping comments were addressed. Staff stated if the renovation cost of the structure exceeded 50 percent of the replacement cost of the building then landscaping was to be brought into compliance accordingly. Staff also stated it appeared portions of the existing parking were located within the land use buffer along the northern perimeter. 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 May 8, 2013, Subdivision Committee meeting. The applicant has eliminated the special events center, the community swimming pool and the radio station. The application maintains the law office, the beauty salon, the Laundromat, the offices for the Little Rock Sun Times, LLC and the restaurant. The primary use of the building is for the Ida B. Wells Home for Pregnant Girls. The special events banquet hall has been removed from the current request as an allowable use. The space will be allocated as meeting space for the occupants of the facility only. This area will not be leased to the public. The applicant is proposing to phase the rehabilitation of the building. There entire building will be gutted, including the abatement of asbestos and mold, at one time. The rebuilding will be done in phases. Phase I entails rebuilding the first, second and third floors. Phase 2 includes restoring floors four, five and six. Phase 3 will complete the restoration of floors seven and eight. The building is proposed with a mixture of uses. The plan includes a restaurant on the ground floor containing 5,367 square feet. A beauty salon with 537 square feet is proposed on the second floor. Within the building a total of 10,137 square feet of office space is proposed and an existing stand-alone commercial building containing 4,795 square feet of space is proposed as a Laundromat. The restaurant is proposed on a portion of the first floor. The hours of operation are from 11 am to 8 pm Monday through Friday with the option to add the same hours on Saturday and Sunday in the future. The beauty salon is proposed within a portion of the second floor. The salon will operate Tuesday through Saturday from 8 am to 9 pm. May 30, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-2246-A 7 The site plan indicates 107 parking spaces. Based on the typical standards of the zoning ordinance the beauty salon would require 2 spaces. The office space would require 25 parking spaces. The restaurant would require 53 parking spaces and the retail portion of the development would require 15 parking spaces. As proposed a total of 95 parking spaces would be required for the non-residential uses. Parking for the residential portion would typically be calculated at 0.5 spaces per sleeping accommodation. The plan includes five floors of housing with 13 beds per floor for a total of 65 sleeping spaces which would result in 32 required parking spaces. Based on the parking for both uses a total of 127 parking spaces would be required to serve the uses as proposed. As noted the plan includes 107 parking spaces. The applicant has indicated signage will comply with signage allowed in commercial zones. A single pole sign with a maximum height of 36-feet and a maximum sign area of 160 square feet will be placed on the site. Building signage limited to 10 percent of the façade area will be placed on Vance, Bragg and East 21st Streets. Staff is not supportive of the plan. Staff does not feel this is an appropriate location for the proposed use. There are three schools, 2 elementary and one middle school, located within a few blocks of the site and the UALR Law School is located north of the site. Staff feels the proposed uses of the site are too intense. There is not sufficient parking to serve the proposed uses of the building. Staff does not feel the redevelopment of the site as proposed by the applicant is appropriate. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were a number of registered objectors present. Chairman Rector informed the applicant when there were eight or fewer Commissioners present the applicant was offered the right of deferral to a later meeting date. Chairman Rector questioned the applicant if he desired to defer to the July 11, 2013, public hearing. The applicant stated they did wish to defer the item to the July 11, 2013, public hearing. 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 7 FILE NO.: Z-3875-C NAME: Richard’s Auto Repair Short-form PCD LOCATION: Located at 12819 I-30 DEVELOPER: Mans Building Material Technology Co. 12825 I-30 Little Rock, AR 72210 ENGINEER: GarNat Engineering LLC P.O. Box 116 Benton, AR 72018 AREA: 3.77 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-3 uses along with boat sales and display and motorcycle sales and service (no outside storage or display) PROPOSED ZONING: Revised PCD PROPOSED USE: Add automobile repair as an allowable use VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On June 5, 2001, the Board of Directors passed Ordinance No. 18,495 rezoning the property from C-3 and R-2 to PCD to allow boat sales and display along with C-3 permitted uses on the site. The boat sales and display was in operation at the time of the rezoning. As a part of the process the applicant was informed to remain covered by the City’s National Flood Insurance Program the applicant was to flood proof the new building, which was constructed on the eastern portion of the site. To staff’s knowledge this requirement has not been met. May 30, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-3875-C 2 Ordinance No. 18,641 adopted by the Little Rock Board of Directors on February 5, 2002, allowed a revision to the PCD zoning. The approval allowed motorcycle sales and service (no outside storage or display) as a permitted use. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is to amend the PCD zoning to add automobile repair and auto body repair as an allowable use for the property. The applicant is not proposing to modify the existing building or parking on the site. Presently the autos waiting repair are parked behind the building in an area that is not a paved surface. The entirety of the property is located within the floodway. B. EXISTING CONDITIONS: The site contains an existing commercial building and asphalt parking between the building and the I-30 frontage road. There is a second building (east of the existing building), which is being used as auto repair and is the basis of the rezoning request. The commercial building contains a second hand store and a bingo parlor. There is a mixture of commercial uses along I-30 to the east and west and across I-30 to the north (the Pulaski Technical College). Property to the west was recently redeveloped with an equipment sales and leasing business. East of the property is retail business which sells rocks. There is a creek within the southern portion of the property, with the Optimist Club Park (race track) and a truck service business further south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Alexander Road Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. If future construction is planned, 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. May 30, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-3875-C 3 2. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to future construction. 3. The elevation of the subject property is not above the base flood elevation and the velocities in Crooked Creek exceed 3 fps. Per City Code, Chapter 36-341(h)(2)d, floodways shall be kept free of structural involvement including fences, open storage of materials and equipment, vehicle parking and other impediments to the free flow of floodwater. 4. In 2002, a 1316 Declaration was filed by FEMA on the structure at 12825-A2 I-30 that at the time was owned by Mr. Alvin Green due to the structure was built without a permit, in the floodway, and the finish floor elevation is below the base flood elevation. The structure is in violation of Article 3, Section (B), Paragraph (1) of the City Building Ordinance 18,555 of the City of Little Rock. Section 1316 of the National Flood Insurance Act prohibits the availability of flood insurance on properties in violation of floodplain requirements. The structure at 12825-A2 I-30 is ineligible for flood insurance through the NFIP. 5. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 6. The minimum Finish Floor elevation of at least 1 foot above the base flood elevation is required to be shown on plat and site plans. The structure on the subject property was constructed below the base flood elevation without building permits. Show the floodway delineation on the site plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve Lots 1 – 5. Contact Little Rock Wastewater Utility for additional information. Entergy: Entergy has no objections. Service and easements to be established at the time of request for service. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. May 30, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-3875-C 4 2. A water main extension will be needed to provide water service to this property. 3. 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. 4. 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. 5. 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. 6. Contact Central Arkansas Water regarding the size and location of water meter. 7. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 8. Contact Central Arkansas Water if additional fire protection or metered water service is required. 9. 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: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. May 30, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-3875-C 5 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Otter Creek Planning District. The Land Use Plan shows Mixed Commercial Industrial (MCI) for this property. The Mixed Commercial Industrial category provides for a mixture of commercial and industrial uses to occur. Acceptable uses are commercial or mixed commercial and industrial. A Planned Zoning District is required if the use is mixed commercial and industrial. The applicant has applied for a revision to the existing PCD (Planned Commercial District) to allow an additional use of Auto Repair for this site. Master Street Plan: Interstate 30 is shown as a Freeway on the Master Street Plan. Freeways are intended to serve through long distance trips, they are always designed as full access control roads (no direct access). This street 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. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An upgrade may be required if the rehabilitation of the structure exceeds fifty percent (50%) of the replacement cost of the structure. 3. Asphalt/concrete must be removed in conjunction with this application. 4. Curb and gutter will be required to separate the parking areas from the landscaped areas. 5. Landscaping will be required in conjunction with any new asphalt/concrete parking areas per Chapter 15 (Landscape Ordinance) and Chapter 36 (Buffer Ordinance) of the City of Little Rock’s code of ordinances. 6. An automatic irrigation system will be required if the areas are paved. 7. The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling landscape ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. May 30, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-3875-C 6 G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Vernon Williams was present representing the request. Staff presented an overview of the development stating there were a number of technical issues associated with the request. Staff stated the property was located within a floodway. Staff stated City ordinance did not allow for developments to occur within the floodway. Staff stated parking of vehicles was not allowed nor was paving within the floodway allowed. Staff questioned details of the proposed business. Staff questioned if both mechanical and body repair would take place on-site and if there were “parts cars” located on the site. Public Works comments were addressed. Staff suggested Mr. Williams contact the Highway Department concerning plans for channelization of the creek and the widening of the creek to help with the flooding problems on I-30. Staff stated it was possible if the creek was widened then the property would likely be removed from the floodway. 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 responses and a revised site plan based on comments raised at the May 8, 2013, Subdivision Committee meeting. The applicant has indicated both mechanical and body repair will take place on-site. The applicant states all cars parked on site are there for repair and there are no “parts” cars kept on the site. The applicant is not proposing to modify the existing building or parking on the site. The request is to amend the PCD zoning to add automobile repair and auto body repair as an allowable use for the property. Presently the autos waiting repair are parked behind the building which is not a paved surface. The entirety of the property is located within the floodway. Section 36-341 states floodways shall be kept free of structural involvement including fences, open storage or materials and equipment, vehicle parking and other impediments to the free flow of floodwater. Exceptions may be granted when existing topography is at or above the existing one-hundred-year flood level and when the velocity of flow is less than three feet per second. May 30, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-3875-C 7 Section 36-508 states every parcel of land changed to parking area, automobile, other vehicle or trailer sales or storage area of automobile or motor vehicle service station, garage or other vehicle use area shall be paved where subject to wheeled traffic. The applicant has contacted the Arkansas State Highway Department concerning their plans for widening the creek to allow for additional capacity. AHTD has stated they do intend to increase both the depth and width of the creek in this area. The plans for implementation of the project are not set and the time frame for completion of the project has not been set. Staff is not supportive of the request to allow the revision to the PCD to add automobile repair and automobile body repair as an allowable use for the property. Staff has concerns with the placement of paving within the floodway and the placement of inoperable vehicles within the floodway. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were a number of registered objectors present. Chairman Rector informed the applicant when there were eight or fewer Commissioners present the applicant was offered the right of deferral to a later meeting date. Chairman Rector questioned the applicant if he desired to defer to the July 11, 2013, public hearing. The applicant stated they did wish to defer the item to the July 11, 2013, public hearing. 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 8 FILE NO.: Z-4343-DD NAME: Parkland Heights Revised PRD LOCATION: Located at the North end of Chenonceau Boulevard DEVELOPER: Parkland Heights Ranch Properties, LLC 7200 South Hazel Street Pine Bluff, AR 71603 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 18.5 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Condominium, Townhouse Units, Multi-family PROPOSED ZONING: Revised PD-R PROPOSED USE: Phasing of screening fence along the east and north perimeters and the removal of the screening fence along the south perimeter VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,502 adopted by the Little Rock Board of Directors on March 21, 2006, established Parkland Heights Long-form PD-R. The development was proposed with 84 two story townhomes ranging from 2,024 square feet to 2,220 square feet and 18 one and a half story condominiums ranging from 2,460 to 3,130 square feet. Amenities included a 2,500 square foot clubhouse, pool, putting green, playground half-court basketball, and walking and biking path. The project was to be constructed in two phases with the first phase to include the site improvements, grading, roads, and infrastructure, (18) condominiums, (34) townhouse and the complete amenities package. The second phase consisted of the completion of the remaining 50 townhomes. (Z-4343-R) May 30, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4343-DD 2 Ordinance No. 19,632 adopted by the Little Rock Board of Directors on November 21, 2006, allowed a revision to the previously approved PD-R. The approval allowed the creation of lot lines along the common walls of the previously proposed units. There were no other changes proposed for the development. (Z-4343-U) Ordinance No. 20,145 adopted by the Little Rock Board of Directors on August 18, 2009, allowed a revision to the approved PD-R. The revision was to allow a change in the structure type of the homes proposed for the eastern portion of the site. The approval allowed the construction of seven (7) two-story units which was previously shown for development of three (3) one and one-half story units for a net gain of four (4) units within the development. (Z-4343-V) Ordinance No. 20,610 adopted by the Little Rock Board of Directors on July 17, 2012, amended the Master Street Plan to relocate the proposed collector street from Patrick County Road to Valley Ranch Drive. The Little Rock Board of Directors adopted Ordinance No. 20,612 on July 17, 2012, which abandoned the right of way for Patrick County Road from north of the existing bridge near Cantrell Road to the intersection of Valley Ranch Drive which was to be extended prior to the physical closure of Patrick County Road. Ordinance No. 20,627 adopted by the Little Rock Board of Directors on September 14, 2012, allowed a revision to the approved PD-R for the western portion of the development. In-lieu of constructing 60 two-story townhouse units, the developer proposed to construct a more traditional apartment style development within seven (7) buildings and containing 152 units. The buildings were proposed as three/two split level buildings with the front being three-stories and the rear two-stories. A second clubhouse and pool facility was to be added within the area of the development. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to revise the PRD zoning for the Renaissance Point at Parkland Heights development. The project is located at the north end of Chenonceau Boulevard at the Ranch. The project has several townhomes and condominiums constructed with a future phase for multi-family. The developer is proposing to phase construction of the required perimeter fencing/screening and landscaping. Screening adjacent to the existing single-family homes located to the east and along the northern boundary will be fully implemented at this time. The request includes the removal of the fencing requirement along the southern perimeter. May 30, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4343-DD 3 B. EXISTING CONDITIONS: A portion of the Phase I part of the development has been completed and a large number of the buildings in the Phase II portion are complete. The private streets are in place to serve the phases currently under construction. There is a single-family subdivision located to the east of the site with Buckland Road terminating at the western property line of this development. An emergency access has been provided through this development to Buckland Drive. South of the site is an apartment complex accessed from Chenonceau Boulevard. North of the site is undeveloped R-2, Single-family zoned property. South of the site is vacant O-1, Quiet Office District and C-3, General Commercial District zoned property. There are office uses and a private school to the south. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Aberdeen Court Property Owners Association, the Chevaux Court Property Owners Association, the Maywood Manor Neighborhood Association and the Johnson Ranch Neighborhood Association were notified of the public hearing. E. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Joe White of White-Daters and Associates was present representing the request. Staff presented an overview of the development stating there were no outstanding technical issues associated with the request. Staff stated the developer should install the screening along the eastern and northern perimeters of the site. Staff stated the area to the south was a school and typically would not require screening. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. F. ANALYSIS: There were no modifications required for the site plan based on the Subdivision Committee meeting on May 8, 2013. The request is to revise the PRD zoning for the Renaissance Point at Parkland Heights development to eliminate the required fencing located along the southern perimeter. The developer has indicated the required screening fence will be installed immediately along the northern and eastern perimeters with the approval of the request. There is a school located along the southern perimeter which typically would not require screening by this type development. May 30, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4343-DD 4 Staff is supportive of the request. Staff does not feel the elimination of the required fencing along the southern perimeter will adversely impact this development or the adjacent property. G. 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: (MAY 30, 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 9 FILE NO.: Z-4403-H NAME: Nabholz Construction Revised POD LOCATION: Located in the 1700 Block of Aldersgate Road DEVELOPER: Nabholz, Inc. P.O. Box 2090 Conway, AR 72033 ARCHITECT: Taggart. Foster, Currence, Gray Architects, Inc. 4500 Burrow Drive North Little Rock, AR 72116 AREA: (Sign Easement) NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Office PROPOSED ZONING: Revised POD PROPOSED USE: Placement of a sign within a sign easement on an adjacent lot VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On April 20, 1999, the Board of Directors passed Ordinance No. 17,999 which rezoned this property from MF-24 to POD. The approved site plan included five buildings with a total area of 140,000 square feet. The buildings range in size from 6,000 square feet to 56,800 square feet, with three of the five buildings being two stories in height. A total of 422 parking spaces were shown on the approved site plan. Three access points from Aldersgate Road were approved. A land use buffer with a minimum dimension of 32-feet was approved along the west property line, where adjacent to the Camp Aldersgate property. May 30, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4403-H 2 Ordinance No. 18,270 adopted by the Little Rock Board of Directors on May 2, 2000, allowed a revision to the previously approved POD to allow the subdivision of the property into eight lots and constructing a single office building with associated parking on each lot. The buildings ranged in size from 5,000 square feet to 19,000 square feet with a total building area of 103,000 square feet, a reduction of 37,000 square feet from the previously approved plan. Ordinance No. 20,499 adopted by the Board of Directors on November 1, 2011, allowed a revision to the previously approved site plan for the southern portion of the development. The approval allowed for construction of a 31,852 square foot pediatrics facility with two (2) outdoor play areas. The facility was to have therapy services available and a daycare center. Each of the uses would have a separate entrance and drop-off. The hours of operation were proposed from 7:00 am to 6:00 pm daily. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is to allow Nabholz Construction to place a 6-foot 4-inch high by 5-foot eight-inch tall sign within a sign easement on an adjacent lot. The sign will be located within an easement on Lot 3R of the subdivision. The Nabholz lot does not have public street frontage on Aldersgate Road and is served by a 44-foot access and utility easement. The placement of the sign would allow Nabholz to have a sign location of Aldersgate Road to identify the business. B. EXISTING CONDITIONS: The site slopes down from Aldersgate Road to I-430 right of way. A child care center is located to the south and further south is Camp Aldersgate. There are several single-family homes located to the east across Aldersgate Road. Office uses have developed to the north of the site. Northeast of the site on the corner of Aldersgate Road and West 15th Street a new office building has been constructed. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. May 30, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-4403-H 3 E. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the May 8, 2013, Subdivision Committee meeting. The request is to allow Nabholz Construction to place a 6-foot 4-inch high by 5-foot eight-inch tall sign within a sign easement on an adjacent lot. The sign will be located within an easement on Lot 3R of the subdivision. The Nabholz lot does not have public street frontage on Aldersgate Road and is served by a 44-foot access and utility easement. The placement of the sign will allow Nabholz to have a sign location of Aldersgate Road to identify the business. With the original approval there were a number of lots and office buildings approved for the development. The office park has not developed in the configuration originally proposed. Currently four (4) of the eight (8) lots have developed with office users. A daycare has been constructed on the remaining four (4) lots. Staff is supportive of the request. Staff does not feel the placement of the sign as proposed will adversely impact the area. F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the placement of the office sign within a sign easement located on Lot 3R of the Crestwood Corporate Center Subdivision. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request to allow the placement of the office sign within a sign easement located on Lot 3R of the Crestwood Corporate Center Subdivision. 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. May 30, 2013 ITEM NO.: 10 FILE NO.: Z-4653-I NAME: Powell Brothers Revised Short-form PCD LOCATION: Located at 1308 S. Bowman Road DEVELOPER: Powell Brothers, Inc. 5509 Springvale, Suite B North Little Rock, AR 72116 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 0.81 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: 70% selected commercial uses and 30% office PROPOSED ZONING: Revised PCD PROPOSED USE: Additional land area, building area, additional parking VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the driveway South Bowman Road to develop nearer the property line than typically allowed. The applicant failed to fully respond to comments raised at the May 8, 2013, Subdivision Committee meeting. Staff recommends deferral of this item to the July 11, 2013, public hearing. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had failed to fully respond to comments raised at the May 8, 2013, Subdivision Committee meeting. Staff presented a recommendation of deferral of this item to the July 11, 2013, public hearing. May 30, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-4653-I 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 11 FILE NO.: Z-4807-N NAME: Wellington Park Short-form POD LOCATION: Located on the Northeast corner of Wellington Village Road and Kirk Road DEVELOPER: Whisenhunt Investments, LLC 1701 Centerview Drive, Suite 102 Little Rock, AR 72211 ENGINEER: Development Consultants, Inc. 2200 N. Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 4.81 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: MF-6 ALLOWED USES: Residential 6-units per acre PROPOSED ZONING: POD PROPOSED USE: General and Professional Office VARIANCES/WAIVERS REQUESTED: 1. A variance from the City’s Land Alteration ordinance to allow slopes which exceed typical ordinance standards. 2. A variance from Section 31-231 to allow the development of lots without pubic street access. 3. A variance from Section 31-210 to allow the driveway spacing on Kirk Road less than typical ordinance requirements. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The basic proposal is to develop a multiple building office site that will be platted into five separate lots so they can be sold to individual owner of buildings. The buildings will all be one story at the approximately size shown on the plan. There May 30, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4807-N 2 will be a requirement to allow cross access and parking between all the lots that will be set forth as either a deed restriction or property owners association agreement. As a part of the application, the applicant is requesting approval to allow grade changes and land use buffer disturbance that would allow implementation of a reinforced slope retention system to achieve a planted green slope of approximately 1:1 as shown in the plan and cross sections. The plan includes a six (6) foot privacy fence (double faced) and a continuous perimeter planting of evergreen trees at the east and northeast boundary area. The proposed grading scheme will allow the proposed buildings to be substantially lower than the Wellington Village neighbors at the eastern boundary and would provide a “green” slope treatment in lieu of retaining walls. B. EXISTING CONDITIONS: There are a scattering of evergreen and hardwood trees on the site near the center of the proposed development area. There are single-family homes located to the east and southeast and a multi-family development located to the north. There is a large church located to the south and vacant C-1, Neighborhood Commercial zoned property to the northwest. Street improvements are in place on both Kirk Road and Wellington Village Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area residents. All property owners located within 200-feet of the site along with the Villages of Wellington Community 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. 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. Is the development planned to be phased and a variance requested to advance grade future phases without imminent. May 30, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4807-N 3 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 4. A variance from the Land Alteration Regulations should be requested for an earthen cut that exceeds 10 feet in height at a 1-1 slope. 5. Provide a Sketch Grading and Drainage Plan per Sec. 29-186 (e). 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of water meter. 3. 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. 4. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 5. Contact Central Arkansas Water if additional fire protection or metered water service is required. 6. 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. 7. 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 May 30, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4807-N 4 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. 8. A short water main extension may be needed to provide water service to this property. 9. 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 Customer Owned Line Agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. 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 Chenal Planning District. The Land Use Plan shows Residential Medium Density (RM) for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The applicant has applied for a rezoning from MF6 (Multifamily 6-units per acre District) to POD (Planned Office District) to allow for the development of a multi-structure office development on this site. Master Street Plan: Kirk Road is shown as a Minor Arterial and Wellington Village Road is shown as 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 Bowman Road 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. May 30, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4807-N 5 Bicycle Plan: There is a Class III Bike Route shown along both Kirk and Wellington Village Roads. Bike Routes require no additional right-of-way or pavement markings, but only signage to identify and direct the route. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The zoning buffer ordinance requires a forty-two (42) foot wide land use buffer along the eastern perimeter of the site. Seventy percent (70%) of this area must remain undisturbed. It appears this buffer is being disturbed; a variance will be required. 3. An automatic irrigation system is required. 4. Prior to the issuance of a building permit, it will be necessary to provide landscape plans stamped with the seal of a registered landscape architect. 5. The City Beautiful Commission recommends preserving as many trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when properly preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Robert Brown and Mr. Johnny Kincaid were present representing the request. Staff presented an overview of the development stating there were a number of outstanding technical issues associated with the request. Staff questioned the proposed uses of the buildings and if the request would include the allowance of any retail within the proposed buildings. Staff also questioned the proposed signage plan. Staff questioned if the dumpster service hours would be limited to daylight hours. Public Works comments were addressed. Staff questioned why the developers did not desire to construct a wall in-lieu of the proposed 20-foot cut. Staff stated detention would be required for the development. Mr. Brown stated regional detention was provided with the development of the adjacent church. Staff requested Mr. Brown provide a sketch grading plan for the northeastern portion of the property. Landscaping comments were addressed. Staff stated the buffer along the eastern perimeter was to remain undisturbed unless a variance was approved. Staff stated an automatic irrigation system was required to water landscaped areas. Staff also stated a landscape plan prepared by a registered landscape architect would be required at the time of building permit. May 30, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4807-N 6 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 a number of issues raised at the May 8, 2013, Subdivision Committee meeting. The applicant has provided the proposed use mix, limited the dumpster hours to day light hours and provided the proposed signage plan. There are no ancillary commercial uses proposed for the development. The applicant is requesting the development of the site with five (5) single story office buildings. The buildings range in size from 5,000 square feet to 15,120 square feet. The lots will share access and parking through a cross access and parking agreement. Each of the lots has been designed to allow for sufficient parking on each lot for the proposed office user. The applicant has indicated the proposed user of the buildings will be a Bank or savings and loan office, Clinic (medical, dental or optical), Establishment of religious, charitable or philanthropic organization, Art gallery, Office (general and professional), Private school for tutoring, business, adult education or special education, Studio (art, music, speech, drama, dance or other artistic endeavors), Travel bureau, Barber or beauty salon, Photography studio, Studio (broadcasting or recording), Duplication shop, Laboratory, Health studio or spa. Two multi-tenant signs are indicated on the site plan. The signs are indicated 8-feet in height and 10-feet in width. The signs are located at the entrance drives on Kirk Road and Wellington Village Road. Building signage on Building 1 will be on the north façade at five percent, south façade at ten percent and west façade at ten percent. The signage on Building 2 will be located on the south and west facades limited to ten percent of the façade area and on the east façade limited to five percent of the façade area. The signage on Building 3 is limited to ten percent on the western and southern facades. The signage on the eastern façade is proposed with a maximum of five percent. Building 4 is proposed as a multi-tenant building with three signs located on the southern façade over each customer entrance limited to ten percent for each location. On the western façade the site plan proposes the placement of a wall sign limited to ten percent of the façade area. Building 5 has signage located on the northern façade at five percent of the total façade area. This building also proposes the placement of signage on the western and southern facades limited to ten percent of each of the facades. The plan also includes the placement of a retaining wall at the May 30, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4807-N 7 intersection of Wellington Village Road and Kirk Road. Lettering will be placed on the wall identifying the development. The applicant is requesting a variance from the City’s Land Alteration Ordinance to allow an earthern cut that exceeds ten feet in height at a 1:1 slope. The request also includes the ability to grade within the land use buffer along portions of the northern and the entirety of the southern perimeters. The applicant is proposing the placement of a slope retention system to allow a reinforced vegetated slope within these areas. The applicant is proposing at the top of the slope, adjacent to the residential homes, a double sided privacy fence and the placement of an evergreen screen. The plan indicates double the number of plantings within the areas the land use buffer will be removed to mitigate the removal of the buffer. The request includes a variance from Section 31-231 to allow the development of lots without public street frontage access. As noted the lots will share a cross access easement overlayed on the site to allow access to proposed Building 4. The request also includes a variance to allow the driveway onto Kirk Road that is less than typical ordinance spacing to the intersection and property line. The drive is located 120-feet from the north property line and 200-feet from the intersection of Wellington Village Road and Kirk Road. Kirk Road is a minor arterial and Wellington Village Road is a collector street. Section 31-210 states for a collector street or a street with a higher classification the minimum spacing from an intersection should be 300-feet and 150-feet from the property line. Staff is supportive of the requested rezoning and the variance request from the City’s Land Alteration Ordinance. Staff feels the development with single story office buildings will have limited impact on the abutting residential homes. The applicant has indicated the slope vegetated with ground cover which in staff’s opinion will soften the impact of the proposed cut. In addition the applicant has indicated the placement of a fence and evergreen plantings within the proposed buffer area which in staff’s opinion will provide a better visual screen to the adjacent homes. Staff recommends that before any school use is proposed for the property that a traffic study must be submitted to and approved by the City. 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. May 30, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-4807-N 8 Staff recommends approval of the variance request from the City’s Land Alteration Ordinance to allow an earthen cut in excess of typical ordinance standard. Staff re commends approval of the variance request to allow the development of lots without public street frontage. Staff recommends approval of the variance request to allow the driveway spacing on Kirk Road less than typical ordinance requirement. Staff recommends prior to any school use proposed for the property that a traffic study be submitted to and approved by the City. PLANNING COMMISSION ACTION: (MAY 30, 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 stated they were supportive of the land use buffer along the northern and eastern perimeters as proposed on the site plan and allowing grading within the buffer area. Staff presented a recommendation of approval of the variance request from the City’s Land Alteration Ordinance to allow an earthen cut in excess of typical ordinance standard. Staff presented a recommendation of approval of the variance request to allow the development of lots without public street frontage. Staff presented a recommendation of approval of the variance request to allow the driveway spacing on Kirk Road less than typical ordinance requirement. Staff also presented a recommendation prior to any school use proposed for the property that a traffic study be submitted to and approved by the City. 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. May 30, 2013 ITEM NO.: 12 FILE NO.: Z-4923-N NAME: Shackleford Crossing Revised Long-form PCD LOCATION: Located on the Southwest corner of I-430 and Shackleford Road DEVELOPER: Shackleford Crossing Investors LLC 2525 McKinnon Street, Suite 700 Dallas, TX 75201 ENGINEER: Development Consultants Inc. 2200 N Rodney Parham Road, Suite 220 Little Rock, AR 72212 AREA: 98.40 acres NUMBER OF LOTS: 18 lots & tracts FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2, Shopping Center District and O-2, Office and Institutional District uses PROPOSED ZONING: Revised PCD PROPOSED USE: Add additional parking and increase the allowable restaurant space 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 May 30, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4923-N 2 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. 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. May 30, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4923-N 3 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. 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. May 30, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4923-N 4 The applicant requested the item not be forwarded to the Board of Directors for final approval. On April 18, 2013, The Little Rock Planning Commission approved a revision to the PCD zoning for Lot 5B to allow the construction of a hotel with a maximum height of 60-feet. The hotel included a continental breakfast area and a fitness center. There were no plans to include a hotel bar or restaurant. A manager’s reception area was proposed to occasionally serve beer and wine. A total of 93 parking spaces were to be provided, including four (4) handicap spaces per ADA requirement. The item was placed on the Board of Directors agenda for May 21, 2013. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting to amend the previously approved site plan to add 43 additional parking spaces in the Tract B area (adjacent to the Wal-mart tract) and increase the overall allowance for restaurant usage from the existing 80,000 square feet to 90,000 square feet. All other aspects of the approved PCD remain unchanged. 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. A third hotel is currently under review for the remaining lot located on Crossings Court. Along Shackleford Road there are several restaurants and an express tunnel carwash located on out- parcels. A hotel was recently recommended for approval on the corner of Shackleford Road and Crossings Court. Of the four remaining outparcels on Shackleford Road three are currently being reviewed by restaurant users. Other uses in the area include Camp Aldersgate to the east, 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 an informational phone call from Camp Aldersgate indicating they are not concerned with the proposed revision to add parking and increase the restaurant square footage. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association were notified of the public hearing. May 30, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4923-N 5 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. 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. 3. 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 4. 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 May 30, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4923-N 6 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. 5. Contact Central Arkansas Water regarding the size and location of water meter. 6. 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. 7. 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. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #3 – the Baptist Medical Center 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 Mixed Use (MX) for this property. The Mixed Use category provides for a mixture of residential, office and commercial uses to occur. A Planned Zoning District is required if the use is entirely office or commercial or if the use is a mixture of the three. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial District) to allow for additional parking spaces and restaurant space as part of this development. Master Street Plan: Shackleford Road is shown as a Minor Arterial and I-430 is shown as a Freeway 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 Bowman Road since it is a Minor Arterial. Freeways are intended to serve through long distance trips, they are always designed as full access control roads (no direct access). These streets may require dedication of right-of-way and may require street improvements for entrances and exits to the site. May 30, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4923-N 7 Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The landscape ordinance requires a minimum of eight percent (8%) of the paved areas be landscaped with interior islands of at least 7 ½ feet in width and 300 square feet in area. The proposed plan does not currently reflect this minimum in some areas. 3. An automatic irrigation system is required. 4. Prior to the issuance of a building permit, it will be necessary to provide landscape plans 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 properly preserving trees of six (6) inch caliper or larger. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Robert Brown was present representing the request. Staff presented an overview of the development stating there were no remaining outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the May 8, 2013, Subdivision Committee meeting. The request is to amend the previously approved site plan to add 43 additional parking spaces in the Tract B area along the western property line of the Wal-mart tract and increase the overall allowance for restaurant usage from the existing 80,000 square feet to 90,000 square feet. The shopping center has developed with a number of out-parcels and a large retailer. The development has been platted into Lots A, B and C and 13 out-parcels. There are two tracts, one for open space and access and the second as parking and buffer. Tract B which is proposed for the additional parking and contains 2.16 acres. There are no buildings located on Tract B. May 30, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-4923-N 8 The overall development allows 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. The current request would increase the total site restaurant space allowed to 90,000 square feet. The out-parcels would remain with a maximum of 55,000 square feet of restaurant space. Staff is supportive of the request. There are no other changes proposed for the site and all other aspects and conditions of the approved PCD remain unchanged. 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: (MAY 30, 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 13 FILE NO.: Z-5803-B NAME: Mini of Little Rock Short-form PCD LOCATION: Located at 12601 West Markham Street DEVELOPER: Parker Automotive Holdings, LLC 1700 N. Shackleford Road Little Rock, AR 72227 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 3.3 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Automobile sales PROPOSED ZONING: Revised PCD PROPOSED USE: Add a 60-foot by 26-foot carwash for dealership use only VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On March 22, 1994, The Little Rock Planning Commission reviewed a request to rezone the site from C-2, Shopping Center District to PCD to allow an automobile display, sales and service business on the site located at the southwest corner of Chenal Parkway and West Markham Street. The proposal involved the development of 3.31 acres and a preliminary plat to subdivide 16.44 acres into two non-residential lots. The second lot was to remain zoned C-2, Shopping Center District. The PCD application proposed the construction of a 19,340 square foot building to house the show room, offices and administration area, service area, and parts area; and a 2,440 square foot sales office building. The building coverage was proposed at 15.11 percent of the land area and parking for 269 vehicles was proposed with the May 30, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-5803-B 2 largest majority being for display of vehicles. The main sales-service building was indicated as an inverted “V” shaped building, and the two end points were proposed to be located 33.1 feet from the south property line. The site plan included a primary sign to be a pole mounted sign no greater than standard sign regulations for free-standing commercial signs (i.e. 36 feet in height and 160 square feet in area) and a monument sign which was to conform to the standards set forth in the Design Overlay District for Chenal Parkway (i.e. 8 feet in height and 100 square feet in area). No additional right-of-way dedication was proposed along Chenal Parkway. Construction of an additional traffic lane for Chenal Parkway was not proposed; however construction of a deceleration lane on Chenal Parkway to the entry drive off Chenal Parkway and the required sidewalk was to be built. The proposal included Master Street Plan improvements to Atkins Road and West Markham Street. During the Public Hearing process the applicant indicated to the Commission several concessions were being offered to ease the area residents’ concerns. The developer indicated a neighborhood meeting was held and several concerns were raised. The developer stated there would be no body shop constructed as a part of the development; there would be no outdoor paging of employees; there would be no off-site parking of vehicles; there would be no on-street unloading of vehicles being delivered; there would be no circus tents, flashing lights, search lights, pendants or carnival type promotions; test drive routes would be defined and not allowed through the Timber Ridge neighborhood, and customers would be accompanied by sales representative during test drives; and site lighting would be directional and controlled to light only the site, and site lighting would be reduced after hours by two-thirds. The applicant offered a second assurance he would not return to the Commission at a later time with a request for tents or banners. Ordinance No. 19,269 adopted by the Little Rock Board of Directors on February 1, 2005, allowed a revision to the PCD zoning. The approval allowed the placement of flags/banners on approximately 17 light poles. The flags were to be approximately 3 ½ foot by 7 foot and consist of 2 panels per pole that were 21 inches wide and 7 feet long. The flags would be used to differentiate the areas of the dealership between the different brands of cars and also between the new and used cars sections. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PCD to add a 62-foot by 26-foot carwash along the south property line. The façade of the existing building will be changed to represent the new automobile dealership which will occupy the building. The plan also includes the installation of an eight foot privacy fence along the south property line. May 30, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-5803-B 3 B. EXISTING CONDITIONS: The site is currently a vacant automobile dealership. To the south and east of the site are commercial uses including restaurants, furniture stores, fuel station, general retail and a drycleaners to name a few. To the west of the site, across Atkins Road, there is property zoned O-3, General Office District which is undeveloped and to the southwest is a property zoned PCD which has developed with two office buildings. Across Chenal Parkway to the north is Home Depot, Chick-fi-A and Target. Across West Markham Street to the west is an office building and a retail center. Each has frontage on West Markham and Chenal Parkway. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Parkway Place Property Owners Association and the Gibralter Heights 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: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of water meter. May 30, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-5803-B 4 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. 5. 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. 6. 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: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located near 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 Ellis Mountain 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 existing PCD (Planned Commercial District) zoning to allow for the addition of a carwash to a car dealership on this site. This site is within the Chenal Design Overlay District. Master Street Plan: Chenal Parkway is shown as a Principal Arterial and Markham is shown as 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 May 30, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-5803-B 5 minimize negative effects of traffic and pedestrians on Chenal Parkway since it is a Principal 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. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. An upgrade may be required if the rehabilitation cost of the structure exceeds fifty percent (50%) of the replacement cost of the building. 3. 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: (May 8, 2013) Mr. Joe White of White-Daters and Associates was present. Staff presented an overview of the request stating there were additional items necessary to complete the review process. Staff questioned if the previously imposed conditions related to test drive, outdoor paging and turning down of the site lighting during non-business hours would remain with the current approval. Public Works comments were addressed. Staff stated any broken curb, gutter or sidewalk was to be repaired prior to the issuance of the certificate of occupancy. Landscaping comments were addressed. Staff stated additional landscaping may be required with the new construction. Staff also stated any missing or diseased landscaping located on site was to be replaced with the redevelopment of the site. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. May 30, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-5803-B 6 H. ANALYSIS: The applicant submitted a revised site plan to staff addressing the issues raised at the May 8, 2013, Subdivision Committee meeting. The applicant is requesting to eliminate a number of the previously imposed conditions. The applicant has indicated test drives through the neighborhood will not be allowed. The applicant is requesting to be allowed to maintain the lighting levels even after business hours and be allowed the placement of tents for special promotions. The applicant has indicated a paging system will be put in pace to page employees when they are on the sales lot. The applicant has indicated the ground signage will comply with the previously approved signage plan. A monument sign 8-feet in height and 100 square feet in area will be placed on Chenal Parkway. On West Markham Street a pylon sign will be placed near the entrance drive to the service center with a maximum height of 36-feet and a maximum sign area of 160 square feet. Building signage will be placed on the facades which have public street frontage. The plan also includes the placement of a sign west of the service entrance which includes the name of the business and two model cars with a dividing lane which gives the appearance the cars are driving on a street. The current request includes extending the cars beyond the roof. Section 36-543 prohibits roof signs or any sign that is not mounted on a vertical surface. The car must be lowered to be mounted on a flat surface. The request includes the allowance of banners as approved by the Board of Directors in 2005. There are minor modifications proposed to the building. There is a slight modification of the front of the building and customer entrance. The site plan also includes the placement of a new carwash. The carwash is a 26-foot by 62-foot building to be used solely by the dealership to wash the new cars and to wash cars for customers after service or maintenance is performed on their vehicle. The applicant is proposing the placement of an 8-foot screening fence along the southern perimeter of the property. The fence is presently not in place. The applicant states the fence is desired for enhance the site and limit access during non-business hours. The applicant has provided the truck route. The trucks can enter the site from Atkins Road and exit onto West Markham Street. All loading and unloading of vehicles will take place on-site. May 30, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-5803-B 7 The applicant is requesting to not limit the hours of operation for the dealership. The applicant indicates they will operate seven days per week within typical hours of others dealerships in the area. Staff is supportive of the request. Staff is also supportive of the applicant’s request to eliminate a number of the previously imposed conditions. The request is to allow minor modifications to the front of the building and add a carwash for the dealership on the site. The applicant has agreed to limit the impact of the dealership on the subdivisions to the west by eliminating test drives through the neighborhood and instructing customers of test drive routes. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. Staff feels the amendment to the PCD as proposed should have minimal impact on the area. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the following conditions: 1. Compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 2. All signage must be mounted on a flat surface and not extend beyond the roof of the building. 3. Compliance with the following conditions previously imposed with the PCD approval: a. No body shop constructed as a part of the development b. No off-site parking of vehicles c. No on-street unloading of vehicles being delivered d. No flashing lights, search lights or carnival type promotions e. Test drive routes are to be defied and not allowed through the Timber Ridge neighborhood f. All site lighting is to be directional and controlled to light only the site. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Staff stated the only item they and the applicant were in disagreement over was the proposed signage plan. Staff stated they felt the car proposed extending above the roof May 30, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-5803-B 8 constituted a roof sign. Staff stated the applicant was contending the car was not a part of the signage plan but was in fact an architectural feature. Mr. Joe White addressed the Commission stating the sign package was developed from a firm from Florida and the parapet wall and the cars were not a part of the sign package. He stated the parapet wall was a part of the building construction and the cars were bolted onto the wall by the construction company. Staff stated they did not feel this was an item for the Commission to determine. Staff stated typically the Zoning Board of Adjustment made decisions regarding interpretation of various standards of the ordinance. Staff stated there were two options: one was to take the item to the Zoning Board of Adjustment, the second was to forward the item to the Board of Directors for their determination as to the placement of the car above the parapet was appropriate. Staff presented a recommendation of approval of the request subject to compliance with the following conditions: 1. Compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. 2. All signage must be mounted on a flat surface and not extend beyond the roof of the building. 3. Compliance with the following conditions previously imposed with the PCD approval: a. No body shop constructed as a part of the development b. No off-site parking of vehicles c. No on-street unloading of vehicles being delivered d. No flashing lights, search lights or carnival type promotions e. Test drive routes are to be defied and not allowed through the Timber Ridge neighborhood. f. All site lighting is to be directional and controlled to light only the site. 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. May 30, 2013 ITEM NO.: 14 FILE NO.: Z-7780-B NAME: Little Rock Quarries Long-form PID LOCATION: Located at 16220 Lawson Road DEVELOPER: LRQ, LLC 16220 Lawson Road Little Rock, AR 72210 SURVEYOR: Shoffner Surveying and Mapping Wm. Corbitt R. Shoffner 35 Burkwood Drive Little Rock, AR 72211 AREA: 25.8 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PID PROPOSED USE: Asphalt plant, materials storage, service and maintenance buildings VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On January 10, 2013, the Little Rock Planning Commission reviewed a request for rezoning of 25.83 acres from R-2, Single-family to Mining. The applicant requested this portion of the rezoning request be held and not forwarded to the Board of Directors so the applicant could pursue a rezoning to PID. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Little Rock Quarries owns and operates the quarry located at 16220 Lawson Road. The original long term goal was to develop the quarry as well as build an asphalt plant within the original foot print and zoning of the quarry area located to May 30, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7780-B 2 the east of this property and currently zoned I-3. Within the last year Little Rock Quarries purchased this property containing 25 acres to allow for material storage and to build a pond downstream of the existing quarry site for water supply. During the review process for the rezoning to Mining staff informed the applicant of the location of the proposed Rahling Road Extension and requested the applicant deed to the City the required right of way. After the right of way was plotted on the survey the applicant realized the impact of the future roadway on the remaining property and caused them to reevaluate the future use of the property. According to the applicant the dedication will result in the loss of 2.5 to 3 acres. The applicant then determined a request to rezone the site to PID would be more appropriate for the intended future uses of the property. The applicant is seeking approval of the PID to allow the creation of a site plan for future development. The plan includes the construction of an asphalt plant within the site and three buildings to be used for maintenance and storage of equipment. The short-term plans include the use of the property as a storage area for materials mined from the applicant’s adjacent mining operation. The proposed site plan also includes an area for detention. B. EXISTING CONDITIONS: The property contains a single-family residence and a barn located near the center of the property. The majority of the property is pastureland, as a horse farm was located on the property. There is a creek and pond along the west property line, with portions of the property being wooded. The overall property has varying degrees of slope. The property to the north is undeveloped and zoned Mining. The area to the west is a large lot single-family subdivision. The area to the south is zoned I-2 and O-2. The area to the east is the applicant’s existing mining operation. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one letter of opposition from an area resident. All property owners located within 200-feet of the site along with the Crystal Valley Neighborhood Association, the Plantation Acres Neighborhood Association and Southwest Little Rock United for Progress were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. The West Loop Road is classified on the Master Street Plan as a principal arterial. Dedication of right-of-way to 110 feet will be required for that portion May 30, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7780-B 3 of the subject property on both side of the proposed street. Dedication of right-of-way to 55 feet from centerline will be required for that portion of the subject property on one side of the proposed street. 2. Show floodplain and floodway delineations on preliminary development plan. 3. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 4. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 5. Lawson 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. 6. With site development, provide 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. 7. 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. 8. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to the West Loop Road including 5-foot sidewalks with the planned development. 9. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. Driveway spacing on a major arterial street is 300 feet. The width of driveways must not exceed 36 feet. The locations and number of driveways may vary due to sight distance and street design if the road is elevated near the south end of the property. 10. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for any temporary private improvements or temporary material storage located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary. No comment. Entergy: Any existing power lines serving existing and remaining customers will need to remain in place. Easements for new service will be established at the time of request for service. Center-Point Energy: No comment received. May 30, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7780-B 4 AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of water meter. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. 5. 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. 6. 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. 7. A short water main extension may be needed to provide water service to this property. 8. 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 Customer Owned Line Agreement is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: 1. West Loop Road right of way dedication should be 120-feet not 110-feet. May 30, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7780-B 5 2. Applicant appears to be dedicating more right of way than required along Lawson Road. Dimension is difficult to read. Please clarify. 3. Obtain Arkansas Department of Health approval for all new private sewer systems. 4. Provide design information for all private drives. 5. Are new lots/tracts/easements being created in this development? PID shows lines between the various use areas but no bearings/distances. 6. Show state plane coordinates for two property corners. 7. Comply with City of Little Rock requirements for street improvements along Lawson Road frontage. 8. Change "purposed" to "purposes" in west loop dedication notes. 9. Submit finalized grading, storm drainage and sediment control plans to Pulaski County approval. 10. Obtain driveway permits from Public Works for any new drives constructed off Lawson Road. 11. Obtain approval letter from volunteer fire department. 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 Ellis Mountain Planning District. The Land Use Plan shows Light Industrial (LI) for this property. The Light Industrial category provides for light warehouse, distribution or storage uses, and/or other industrial uses that are developed in a well-designed "park like" setting. The applicant has applied for a rezoning from R-2 (Single Family District) to PID (Planned Industrial District) to allow for the development of an asphalt plant on this site. Master Street Plan: The proposed West Loop is shown as a Principal Arterial and Lawson Road is shown as a Minor 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. 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 the West Loop since it is a Principal Arterial and Lawson Road since it is a Minor Arterial. These May 30, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7780-B 6 streets 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 the West Loop. 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. Nine-foot paths are recommended to allow for pedestrian use as well (replacing the sidewalk). And a Class II Bike Lanes are shown along Lawson Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. 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: (May 8, 2013) The applicant was not present. Staff presented an overview of the development stating there were no outstanding issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues in need of addressing raised at the May 8, 2013, Subdivision Committee meeting. The applicant is seeking approval of the PID to allow the creation of a site plan for future development. The plan includes the construction of an asphalt plant within the site and three buildings to be used for maintenance and storage of equipment. The short-term plans include the use of the property as a storage area for materials mined from the applicant’s adjacent mining operation. The site plan also includes an area for detention to be used in the mining operation. The applicant has acquired this 25 acres which is adjacent to their existing mining operation to allow for material storage and to build a pond downstream of the existing quarry site for water supply. The applicant submitted a request to rezone the property from R-2, Single-family to Mining which was approved by the Planning Commission on January 10, 2013. During the rezoning review for the May 30, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7780-B 7 Mining zoning staff informed the applicant of the location of the proposed Rahling Road Extension and requested the applicant deed to the City the required right of way for the street based on the Master Street Plan requirements. After the right of way was plotted on the survey the applicant realized the impact of the future roadway on the remaining property which caused them to reevaluate the future use of the property. According to the applicant the dedication will result in the loss of 2.5 to 3 acres. Based on this the applicant decided to not construct the asphalt plant on the adjacent I-3, Industrial zoned property and request a rezoning for this site to allow the proposed asphalt plant to be constructed within this property. With the rezoning the applicant is also proposing to place building envelopes on the site plan for future construction. The applicant has indicated the buildings will be used for maintenance and storage of equipment and a future office site to serve the mining operation. Staff is supportive of the request. The area contains a mixture of uses and zoning. Mining zoned property is located to the north. A mining operation and a mixture of industrial uses are located to the east, along the north side of Lawson Road. Undeveloped O-2 zoned property is located to the south and southwest of Lawson Road. I-2 zoned property is also located to the south across Lawson Road. Single-family residences on large lots and undeveloped R-2 zoned property are located to the west. The future West Loop as designated by the Master Street Plan will cross the southwest portion of this property. The 120-foot wide street right of way will separate the majority of this site from the residential properties to the west. The City’s Future Land Use Plan designates this property as Light Industrial. Staff does not feel the rezoning to PID will adversely impact the adjacent properties or the general 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. PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were a number of registered objectors present. Chairman Rector informed the applicant when there were eight or fewer Commissioners present the applicant was offered the right of deferral to a later meeting date. Chairman Rector questioned the applicant if he desired to defer to the July 11, 2013, public hearing. May 30, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-7780-B 8 The applicant stated they did wish to defer the item to the July 11, 2013, public hearing. 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 15 FILE NO.: Z-7898-C NAME: Cross Street Elderly Housing Revised Short-form PD-R LOCATION: Located at 1012 and 1022 Cross Street DEVELOPER: Clarshun Beyah 1903 Marshall Street P.O. Box 166002 Little Rock, AR 72216 SURVEYOR: Dee Wilson P.O. Box 604 North Little Rock, AR 72215-0604 ARCHITECT: Kwendeche, AIA 2124 Rice Street Little Rock, AR 72202 AREA: 0.51 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Three Duplex Units PROPOSED ZONING: Revised PD-R PROPOSED USE: Remove the age restriction requirement VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,406 adopted by the Little Rock Board of Directors on September 20, 2005, established Cross Street Elderly Housing Short-form PD-R. The applicant proposed the rezoning of three lots located on the northwest corner of 11th Street and May 30, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7898-C 2 Cross Streets from R-4 to PD-R to allow the development of four units of elderly housing contained in two duplex structures. Only persons 55 and older may be considered as potential residents. The development would occur on two of the lots with the remaining lot being left vacant for future development. The applicant indicated single-family or two family as possible future uses for the vacant lot. A tenant vegetable garden was proposed as a part of the development. Ordinance No. 19,612 adopted by the Little Rock Board of Directors on October 17, 2006, revised the previously approved PD-R to allow a small portion of the site to be removed from the overall approval area. The property was a 42.5-foot by 64-foot area located along the eastern portion of the site. The approved site plan indicated this area as a tenant vegetable garden for the residents of the duplex units. The property owner located to the north of the garden area was seeking to purchase this land area and include the area in their existing lot through a replat. All other portions of the PD-R would remain as were previously approved. None of the development previously approved had occurred. Ordinance No. 19,875 adopted by the Little Rock Board of Directors on December 4, 2007, allowed a revision to the PD-R zoning to establish the building footprint for the third lot. The applicant indicated the construction of a third duplex on the lot. The building footprint and construction materials would match the previously approved buildings. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing to remove the age restriction requirement for the proposed units. The applicant is requesting to accommodate any age group of occupant. The initial agreement with the City was to limit the age of the occupants to 55 years and older. The applicant states the reason for the change is the contactor did not construct the units wheelchair or handicapped accessible therefore elderly persons with special needs cannot rent the units. All other conditions of the previous approval continue to apply. B. EXISTING CONDITIONS: One of the buildings has been constructed. The remainder of the site is vacant and grass covered. The site is located in an area, which is predominately single-family with a scattering of two family homes. Most of the homes appear to be occupied with only one or two being boarded. The area appears to be a stable residential neighborhood. Other uses in the area include a church, an elementary school, office and commercial uses all located to the northeast and northwest of the site along West 10th Street abutting I-630. May 30, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7898-C 3 C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Downtown Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. A 20 foot radial dedication of right-of-way is required at the intersection of Cross Street and W 11th Street. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy has no objection. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water if additional fire protection or metered water service is required. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment received. May 30, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7898-C 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City 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 revision to the existing PDR (Planned District Residential) zoning to remove the age requirement on the housing for this site. Master Street Plan: Both Cross and 11th Streets are shown as Local Streets 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 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. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) The applicant was not present. Staff presented an overview stating there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing raised at the May 8, 2013, Subdivision Committee meeting. As noted the previous approval restricted the rental of the units to persons 55 and older. The age was classified as elderly as defined by the Federal Government. The applicant is proposing to remove the age restriction requirement for the proposed rental of the units. One of the units has been constructed. The applicant is requesting to remove the age restriction because the contactor did not construct the unit wheelchair or handicapped accessible. This limits the number of elderly persons who can live in the unit. Any potential renters with special needs cannot move about in the unit. May 30, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7898-C 5 Staff is supportive of the request. The area is a mix of single-family and duplex units. Just to the north of this site is office and commercial zoning and uses. Staff does not feel the removal of the age restriction for the duplex units will significantly impact the area. All other conditions of the previous approval continue to apply. 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: (MAY 30, 2013) The applicant was present. There were 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. The applicant addressed the Commission on the request. She stated the contractor did not construct the duplex unit ADA accessible and so far she had been unable to rent the unit to elderly persons. She stated she was requesting the removal of the age restriction to allow her to rent the units to any age group. Ms. Victoria Roque addressed the Commission in opposition of the request. She stated she was the property manager for properties in the area near Cross and Ringo Streets. She stated she did not want the age restriction requirement removed. She stated the exterior of the building would easily allow for modifications to allow accessibility to the unit. She stated she was not sure of the interior but felt there could be modifications to the interior as well that would offer the unit as ADA accessible. She requested the Commission not remove the age restriction requirement for the development. Mr. Curtis Johnson addressed the Commission in opposition of the request. He stated his home was at 1108 S. Cross Street. He stated he purchased his home in 2006 and was putting the home back together. Mr. Johnson stated there was a great diversity in the neighborhood from persons 87 to a single parent with two (2) children. He stated the only areas the neighborhood had issues with residents were the homes that were rental. He stated if a resident did not have any “skin in the game” there was not much to get them to do right. He requested the Commission maintain the age limit of 55 plus. He stated there were persons who were 55 plus who did not need a unit with wheelchair access. He stated he felt limiting the age to 55 plus was appropriate for the area. May 30, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-7898-C 6 Mr. Thomas Russell addressed the Commission in opposition of the request. He stated his parents lived across the street from the development. He stated his parents had lived in the area for 60 plus years. He stated he felt the age limit should be maintained. He stated in 2005 when the development was approved his mother and sister came before the Commission and requested the approval not be granted. He stated he felt removing the age restriction would be a detriment to the neighborhood and impact the stability and the safety of the residents. He requested the Commission deny the request. The applicant addressed the Commission stating the interior of the building was not constructed to allow wheelchair access. She stated the bathroom was small, the hallways and doorways were narrow and the cabinets were high. She stated she had been unable to rent the units to persons of the previously agreed to age. She stated the contractor did not finish the units according to plans. She stated it was not possible at this point to convert the units to make them accessible. There was a general discussion by the Commission and the applicant concerning the units and the need to remove the age restriction. Commissioner Nunnley stated he did not feel removing the age restriction was appropriate for this site. Commissioner Pierce stated there were persons 55 and older who did not need a unit which was accessible. The Commission questioned if the applicant would employ the services of a leasing agent. The applicant stated she would employee a leasing agent to manage the duplexes. There was no further discussion of the item. The Chair entertained a motion for approval of the item as presented by staff. The motion failed by a vote of 0 ayes, 7 noes, 3 absent and 1 open position. May 30, 2013 ITEM NO.: 16 FILE NO.: Z-8503-B NAME: The Pointe at Brodie Creek Revised Long-form PRD LOCATION: Located at 3400 South Bowman Road DEVELOPER: The Pointe at Brodie Creek, LLC 9800 Maumelle Boulevard Maumelle, AR 72113 ENGINEER: White-Daters and Associates 24 Rahling Circle Little Rock, AR 72223 AREA: 41.9 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PD-R ALLOWED USES: Planned Development – Multi-family PROPOSED ZONING: Revised PD-R PROPOSED USE: Add an additional building – 18 additional units VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 20,208 on January 5, 2010, which rezoned approximately 42 acres located near the northwest corner of West 36th Street and South Bowman Road from R-2, Single-family to PD-R. The approval allowed the construction of 485 units of multi-family housing at a density of 11.45 units per acre. The project included twenty (20) buildings with twenty-four (24) units per building, 3 units over the maintenance building and 2 units over the clubhouse. Garages, carports and a maintenance building were also included on the site plan. The site was to contain a wellness center and pool. The project was proposed as a gated May 30, 2013 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8503-B 2 community with a security fence around the perimeter. A variance from the Land Alteration Ordinance to allow advanced grading of Phase II with the construction of Phase I was approved by the Commission at their December 3, 2009, public hearing. The approval included a waiver of the stormwater detention ordinance requirements as well. On February 16, 2012, the Commission was to hear a request to allow the elimination of a portion of the northern land use buffer. The request also included a variance from the City’s Land Alteration Ordinance to advance grade (without imminent construction) along the northern property line on an adjacent property. All other requirements of the approved PD-R were to remain. The request was withdrawn prior to the Commission meeting. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The current request is to amend the previously approved PRD to add an additional building containing 18-units and 29-parking spaces. The building is proposed similar to the existing construction within the development. The buildings are proposed three stories with a maximum building height of 45-feet. Other conditions of the previous approval continue to apply. The total allowable units for the site would be 503 at an overall density of 12.01 units per acre. B. EXISTING CONDITIONS: Construction is completed for the first phase of the development and the second phase of the apartment development is underway. This area of South Bowman Road contains primarily residential uses located on acreage. The property to the north is a 25+ acre parcel and is heavily wooded. There are single-family homes located south of this site and further south is a parcel zoned O-2, Office and Institutional District which also contains single-family homes. East, across South Bowman Road, is wooded property containing 50+ acres and is currently zoned R-2, Single-family. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Woodlands Edge Community Association and the John Barrow Neighborhood Association were notified of the public hearing. May 30, 2013 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8503-B 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. 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. 2. Stormwater detention ordinance applies to this property. Is the applicant requesting, a waiver of stormwater detention? 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. In accordance with Section 31-176, floodway areas must be shown as floodway easements or be dedicated to the public. In addition, a 25 foot wide access easement is required adjacent to the floodway boundary. 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: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. A Capital Investment Charge is applicable to all connections off the waterlines along Bowman Road as well as the 24”. 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. May 30, 2013 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8503-B 4 3. 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. 4. A water main extension is needed to provide water service to this property. Additional fire hydrant(s) will be required. Contact the Little Rock Fire Department to obtain information regarding the required placement of the hydrant(s) and contact Central Arkansas Water regarding procedures for installation of the hydrant(s). 5. 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. 6. A 24-inch water line crosses this site within a 15-foot wide waterline easement on the southwest side of the property. Care must be taken to protect the water line and any appurtenances, such as access and air release vaults which may be in the area. No signs, light poles, dumpster pads or other structures on foundations will be allowed within the existing 15-foot waterline easement. Paved parking and driveways are allowed. Fire Department: Place fire hydrant(s) per code. Maintain access. There must be two ways to exit and enter the subdivision. Contact the Little Rock Fire Department for additional information. 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 Ellis Mountain Planning District. The Land Use Plan shows Residential Medium Density (RM) for this property. The Residential Medium Density category accommodates a broad range of housing types including single family attached, single family detached, duplex, town homes, multi-family and patio or garden homes. Any combination of these and possibly other housing types may fall in this category provided that the density is between six (6) and twelve (12) dwelling units per acre. The applicant has applied for a revision to the existing PRD (Planned Residential District) zoning to allow an additional building with 18 units on this site. May 30, 2013 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8503-B 5 Master Street Plan: Bowman Road is shown as 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. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Bowman Road 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 II Bike Lanes are shown along Bowman Road. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: All comment of previous approval continue to apply. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) Mr. Joe White of White-Daters and Associates was present. Staff presented the item stating there were no outstanding technical issues associated with the request. Staff noted the Public Works comments and conditions were as previously provided and continued with the current application request. 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 raised at the May 8, 2013, Subdivision Committee meeting. The request is to amend the previously approved PRD to add an additional building containing 18-units and 29-parking spaces. The building is proposed similar to the existing construction within the development. The building is proposed three stories with a maximum building height of 45-feet. Staff is supportive of the request. The addition of 18 units will allow an increase in the overall density from 11.45 units per acre to 12.01 units per acre. All other previous approval conditions continue to apply. 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. May 30, 2013 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8503-B 6 PLANNING COMMISSION ACTION: (MAY 30, 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 17 FILE NO.: Z-8815-A NAME: Nature Conservancy of Arkansas Revised Short-form POD LOCATION: Located at 601 N. University Avenue DEVELOPER: The Nature Conservancy AR Field Office The Borne Firm Architects PA 2601 Kavanaugh Boulevard, Suite 7 Little Rock, AR 72205 ENGINEER: Hanson & McLaughlin Engineering, Inc. 320 Executive Center Court, Suite 202 Little Rock, AR 72205 AREA: 0.91 acres NUMBER OF LOTS: 1 lot FT. NEW STREET: 0 LF CURRENT ZONING: POD ALLOWED USES: Office PROPOSED ZONING: POD PROPOSED USE: Construction of New Maintenance and Storage Facility – Mid-town and Hillcrest DOD VARIANCES/WAIVERS REQUESTED: A variance from Sections 30-43 and 31-210 to allow the drives as proposed along Woodlawn Drive. BACKGROUND: Ordinance No. 20,686 adopted by the Little Rock Board of Directors on January 22, 2013, rezoned the property located on the northeast corner of Woodlawn Drive and N. University Avenue. The Nature Conservancy office building fronts on N. University Avenue and in the rear of the property (along Woodlawn Drive) is a fenced area used as outdoor and indoor storage of vehicles, trailers and equipment. The request rezoned May 30, 2013 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8815-A 2 the entire site from O-3, General Office District to POD to allow the removal of the existing maintenance building and the construction of a new 5,000 square foot maintenance and storage building. Equipment to be stored included trucks, ATV’s, trailers, hand tools etc. A separate 312 square foot building for the storage of gasoline in small containers, chainsaws and other small gasoline powered equipment was also be constructed within the northern portion of the site. Additionally, covered storage for boats, trailers and vehicles would be added on the north side of the site. The new maintenance building would be structural clay masonry (8”X4”X16”) construction with standing seam metal roofs and concrete slab on grade floors; the covered structures would be light steel frames and metal roof. The site would be paved with new asphalt paving. The existing westernmost curb cut was to remain in its current location and would be slightly widened. The eastern curb cut was to be relocated to the east. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved POD to allow the use of metal panels on the proposed maintenance building exterior. The building will be used for housing TNC vehicles and equipment used by the Burn Crew and other TNC field activities. There will be no public access to the site and the opaque chained link fence at the perimeter of the site will remain or be upgraded as needed to achieve consistency. Changes from the initial design include: 1. The building has been relocated on the site: the drive through approach has been abandoned. The building is sited to allow the vehicles to drive in then back out. This required the relocation of the building to the west and north to provide space for maneuvering the trucks with trailers attached. The revised location of the building will place it approximately 47-feet from the property line after the 5-foot right of way dedication. The building was previously set at 20-feet. 2. The walls of the new maintenance and storage building will be changed from masonry to prefinished metal panels; the roof will remain metal as originally stated. The floor will remain concrete. 3. The western curb cut and gate have been removed. A new curb cut with an automatic gate will be included at the southeast corner of the site. The new curb cut will be wider than the existing and will meet the requirements of the City. The sidewalk, fence and landscaping will be repaired where the curb cut will be removed. May 30, 2013 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8815-A 3 4. The covered parking and gas storage building previously indicated on the site have been deleted. 5. The existing 1200 square foot maintenance and storage building will remain as originally stated. A new coiling door and personnel door will be added to the east side of the building. 6. The applicant has reviewed the drainage with Public Works staff and agree the development will need to reinforce the bend in the current drainage swale. Additionally a concrete flume and an ADA ramp will be included east of the curb cut. The sidewalk will stop at the east side of the new ADA ramp. 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: This area contains a mixture of uses including residential, office, commercial and a school. There are two (2) shopping centers located south of the site at the intersection of West Markham and University Avenue. There is a private school located to the west of the site and a public school located two (2) blocks to the north of the site. East, northeast and southeast of the site are single-family homes. There is a condominium development located southeast of the site on the corner of Lee Avenue and North Pierce Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All property owners located within 200-feet of the site along with the Hillcrest Residents Neighborhood Association were notified of the public hearing. The Mid-Town Advisory Board reviewed the request at their May 3, 2013 meeting. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Due to the proposed use of the property, the Master Street Plan specifies that Woodlawn Drive for the frontage of this property must meet commercial street standards. Dedicate right-of-way to 30 feet from centerline. 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. May 30, 2013 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8815-A 4 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Stormwater detention ordinance applies to this property if the proposed impervious area is more than existing impervious area. Show the proposed location for stormwater detention facilities on the plan. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: The new maintenance and storage building appears to be located under an existing overhead electric line. Relocation of the line will likely be required prior to building construction. Customer is encouraged to contact Entergy prior to construction to work out details. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water regarding the size and location of water meter. 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. 5. 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 6. 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. May 30, 2013 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8815-A 5 Contact the Cross Connection Section at 377-1226 if you would like to discuss backflow prevention requirements for this project. Fire Department: Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: The site is located on CATA Bus Route #21 – the University Avenue route. Parks and Recreation: No comment received. 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. Office allows services provided directly to consumers as well as general offices, which support more basic economic activities. The applicant has applied for a revision to the POD (Planned Office District) zoning allow for an alternative design for a maintenance structure on this site. The site is within the Midtown Design Overlay District area. Master Street Plan: University Avenue is shown as a Principal Arterial and Woodlawn is shown as a Local Street on the Master Street Plan. A Principal Arterial is to serve through traffic and to connect major traffic generators or activity centers within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on the University Avenue since it is a Principal 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: A Class II Bike Lanes are shown along University Avenue. Bike Lanes provide a portion of the pavement for the sole use of bicycles. Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. May 30, 2013 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8815-A 6 2. A small amount of building landscaping will be required with the new construction. Additional landscaping may be required within the parking/paved area. 3. All landscaping, fencing, striping, irrigation, etc. should be in good condition or replaced and repaired in conjunction with this application. 4. 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: (May 8, 2013) Mr. Robin Borne was present representing the request. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request. Staff stated the request was to allow a metal surface on the previously approved maintenance building as opposed to a masonry surface. Public Works comments were addressed. Staff stated it was possible to pay an in-lieu fee for the construction of stormwater detention. Staff requested Mr. Borne provide the calculations for the proposed development. Landscaping comments were addressed. Staff stated if the area along the eastern perimeter was a platted alley then no landscaping would be required. Staff stated a small amount of landscaping would be required in conjunction with the new construction. 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 revised responses to the issues raised at the May 8, 2013, Subdivision Committee meeting. The applicant has indicated the building will be constructed with a metal exterior. Staff has determined there will not be stormwater detention required as a result of this development. The applicant is requesting approval to construct a new maintenance building for the Nature Conservancy of Arkansas. The building is proposed to contain 5,060 square feet. The building has been located on the site to allow the May 30, 2013 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8815-A 7 vehicles to drive in then back out. The building will be placed it approximately 47-feet from the property line after the 5-foot right of way dedication. The walls of the new maintenance and storage building will be constructed of prefinished metal panels. The roof will be metal. The floor will be constructed of concrete. A new curb cut with an automatic gate will be included at the southeast corner of the site. The new curb cut will be wider than the existing and will meet the requirements of the City. The sidewalk, fence and landscaping will be repaired where the curb cut will be removed. The existing 1,200 square foot maintenance and storage building will remain. A new coiling door and personnel door will be added to the east side of the building to allow for access. Open storage of boats and ATV’s will be located along the northern perimeter. The site is located within the Mid-town Design Overlay District which has specific development criteria. The Overlay states buildings are to be constructed at a zero setback and no more than twenty feet. The ordinance has states the exterior building material shall be high quality materials; such as, but not limited to: brick, wood, stone, tinted, stucco, EIFS, concreted masonry units. Façade colors shall be low reflectant, subtle, neutral or earth tomes with trim and accents brighter colors. Predominant exterior building materials shall not be smooth- faced concrete block, tilt-up concrete panels or prefabricated steel panels. Staff is supportive of the request. Although there are variations from the Design Overlay District, in staff’s opinion the Overlay did not envision ancillary buildings when creating and establishing the development standards. To staff’s knowledge there are no outstanding technical issues associated with the request. Staff feels the development as proposed is appropriate for the site. 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. May 30, 2013 SUBDIVISION ITEM NO.: 17 (Cont.) FILE NO.: Z-8815-A 8 PLANNING COMMISSION ACTION: (MAY 30, 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 8 ayes, 0 noes, 2 absent and 1 open position. May 30, 2013 ITEM NO.: 18 FILE NO.: Z-8860 NAME: Hansen Short-form PD-O LOCATION: Located at 400 N. Van Buren Street DEVELOPER: Pardo Properties William Watt, Atty. 1819 N. Fillmore Little Rock, AR 72207 SURVEYOR: Brooks Surveying 20820 Arch Street Little Rock, AR 72065 AREA: 0.12 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential and non-conforming office use PROPOSED ZONING: PD-O and R-2, Single-family PROPOSED USE: Recognize existing office use – the residential uses remain zoned R-3, Single-family VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting a rezoning from R-3, Single-family to PD-O to recognize an existing office user located in one of the buildings on the site. The hours of operation are from 8:00 am to 5:30 pm Monday through Friday. There will be no exterior modifications to the existing structure or parking areas. There is currently a paved parking pad. May 30, 2013 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-8860 2 B. EXISTING CONDITIONS: The site contains three buildings. The building fronting N. Van Buren Street is a non-conforming office use. The structures fronting C Street are single-family residences. Only the office structure is proposed for rezoning. Along Van Buren Street there are a couple of non-conforming buildings located between West Markham and Kavanaugh Boulevard. The primary use of the area is single-family. Primarily in this area the non-residential uses and zoning are located south of B Street. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone call requesting additional information and indicating opposition to the request. All property owners located within 200-feet of the site along with the Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer service location for this property is unknown to Little Rock Wastewater. No Little Rock Wastewater sewer main located adjacent to this project. Contact Jim Boyd with Little Rock Wastewater Utility for additional information. Entergy: Entergy has no objections. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 2. Contact Central Arkansas Water if additional fire protection or metered water service is required. May 30, 2013 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-8860 3 3. If there are facilities that need to be adjusted or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. 4. Contact Central Arkansas Water if additional fire protection or metered water service is required. Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. 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 Heights/Hillcrest 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 six (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 POD (Planned Office District) to recognize the existing office use and single-family use in the two respective buildings on this site. The site is within the Hillcrest Design Overlay District area. Master Street Plan: Van Buren is shown as a Minor Arterial and C Street is shown as 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 Van Buren 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. May 30, 2013 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-8860 4 Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Landscaping will be required in conjunction with any new parking areas. 3. Street trees are highly recommended along both C Avenue and Van Buren Street. G. SUBDIVISION COMMITTEE COMMENT: (May 8, 2013) The applicant was not present. Staff presented the item stating there were no outstanding technical issues associated with the request in need of addressing. 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 issues from the May 8, 2013, Subdivision Committee meeting in need of addressing. The applicant is requesting a rezoning from R-3, Single-family to PD-O to recognize an existing office user located in one of the buildings on the site. A non-conforming status was established on the property on February 22, 1990. A business license for Interiors West was issued in 2002 for this address and remains active. The residential structures will remain zoned R-3, Single-family. The applicant is requesting general and professional office as allowable uses for the PD-O. The structure is proposed as office space for users who need limited office space and limited customer traffic. The hours of operation are from 8:00 am to 5:30 pm Monday through Friday. There will be no exterior modifications to the existing structure or parking areas. There is currently a paved parking pad which will continue to be used for the limited number of employees of the business. There will not be any ground signage placed on the site. Building signage will be limited to signage lettering placed in the window or signage on the awning. Section 36-153(b)(2) states any time there is a proposed change in occupancy of a nonconforming property, where the property is nonconforming to the underlying zoning, the determination of planning staff that the nonconforming use may continue shall be posted on the site. The notice shall be posted continuously for seven (7) days at the owner's expense on signage provided by the planning May 30, 2013 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-8860 5 department. Any person may appeal the determination to the board of zoning adjustment. Any appeal of the determination must be filed no later than ten (10) days after the date the property was first posted. The applicant has requested staff post the site but is also requesting the rezoning to PD-O to avoid the requirement to post the property each time a new tenant moves into the building. Section 36-152(c) states any rezoning of a property occupied by a nonconforming use shall be accomplished only through a planned development process. Based on the phone call in opposition staff has informed the applicant the new office user may not move into the space until after this request is settled. Staff is supportive of rezoning the existing non-residential building to PD-O recognize the existing non-residential use. The site has a history of office uses since the early 1990’s. There is an active business license for an office user which has been active for the past 10 years. Staff feels the use of the non-residential building as an office use is appropriate for this site. 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: (MAY 30, 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. Mr. William Watt addressed the Commission on the merits of the request. He stated the owner had been a participant of the Hillcrest Residents Association and a good neighbor in the area. He stated the request was getting in step with what was taking place on the property. He stated the residential structures would not be rezoned. He stated the building was occupied and had been in continuous use as an office for the past 20 to 30 years. Mr. Seth Ward addressed the Commission in opposition of the request. He stated he was representing the Hillcrest Residents Association and the Association was not in support of the request. He stated the request was for a PD-O which did not allow for mixed use development. He stated there were residential units on the site as well as the office use. Mr. Ward stated Hillcrest Residents Association supported commercial uses in areas which were appropriate for commercial development. He stated commercial activities should be limited to Kavanaugh and West Markham Streets. He May 30, 2013 SUBDIVISION ITEM NO.: 18 (Cont.) FILE NO.: Z-8860 6 stated the requested rezoning was located within the residential neighborhood. He stated the building had a history of non-residential use but had not been continuously occupied as an office use. Mr. Watt stated the building was currently occupied and the lease was valid until 2017. He stated he was prepared to provide the Commission with utility bills indicating the building had been occupied. He stated the only portion of the site to be rezoned was the office building and a legal description for the office building only had been provided to staff. He stated there would be no change to the site. He stated the site did have a legal non-conforming status. 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. May 30, 2013 ITEM NO.: 19 FILE NO.: LA-0053 NAME: Colonel Glenn Commercial, Tract 27 Advanced Grading Variance Request LOCATION: South of Colonel Glenn Plaza Loop and East of David O. Dodd Road APPLICANT: Vogel Enterprises APPLICANT’S REPRESENTATIVE: Tim Daters, White-Daters & Associates AREA: Approximately 8.6 acres CURRENT ZONING: C3 VARIANCES/WAIVERS REQUESTED: A variance from the Land Alteration Regulations to advance grade by clearing and excavating approximately 7.5 acres. A. PROPOSAL/REQUEST: Applicant is requesting a variance from the Land Alteration Regulations to advance grade by clearing and excavating approximately 7.5 acres of a total of approximately 8.6 acres adjacent to Colonel Glenn Plaza Loop and David O Dodd Rd. Advanced grading is requested to occur on Tract 27 of the I-430 Colonel Glenn Commercial subdivision located at Colonel Glenn Plaza Loop and David O. Dodd Road. The variance would allow staff to issue a grading permit for the advance grading activities without imminent construction. Fill material is proposed to be excavated from the site and placed on lots within the Glenn Ridge Crossings subdivision. A Land Alteration Regulations variance, LA-0050, was recently approved for advanced grading several lots within the Glenn Ridge Crossings subdivision. B. EXISTING CONDITIONS: The 8.6 acre area is sloped and tree covered. East of Tract 27 is an undeveloped preliminary platted property zoned C4. Beyond that property is Colonel Glenn Plaza Loop and the recently opened Landers Chrysler Jeep dealership. South of Tract 27 are undeveloped preliminary platted properties zoned C4 and J. A. Fair High School. West of Tract 27 is an undeveloped property zoned O3. Beyond that property is David O. Dodd Road. North of Tract 27 is Colonel Glenn Plaza Loop. Beyond the street is the Rave Theater zoned C3 and a car dealership zoned C4. May 30, 2013 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: LA-0053 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. A grading permit in accordance with section 29-186 (c) & (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 2. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 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. Damage to public and private property due to hauling operations or operation of construction related equipment from a nearby construction site shall be repaired by the responsible party prior to issuance of a certificate of occupancy. 5. Per Sec. 29-197(2), the grading 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. 6. Provide visual screening of the completed area by providing undisturbed buffer strips or earthen berms along Colonel Glenn Plaza Loop. Per Sec. 29-197(3) provide line of sight illustrations from adjacent street(s) and properties for review by the Planning Commission. 7. Construction access points should be shown on the grading plan. 8. Per Sec. 29-197(11), a permanent vegetative cover of suitable perennial grass shall be established over all disturbed areas. Where indicated by soil tests, pH adjustments and addition of fertilizer may be required. 9. Per Sec. 29-197(12), all erosion and stabilization controls, including permanent vegetation and plantings and stormwater detention systems are to be maintained by the responsible part for a period of 2 years following completion of site grading. May 30, 2013 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: LA-0053 3 10. Per Sec. 29-197(12), periodic mowing, generally 2 times per year or more often if required by CLR shall be provided to encourage perennial grass growth. 11. Per Sec. 29-197(13), 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. 12. Per Sec. 29-197(14), all required federal, state, and local permits and approvals shall be obtained prior to commencement of land alteration activities. 13. Public works staff must be contacted for inspection for final approval of site stabilization prior to acceptance and relinquishment of maintenance bond. 14. Staked orange fencing must be installed along the open space undisturbed buffer areas during construction to prevent access into these buffer areas. 15. At the completion of the land alteration activities, a minimum six (6 inches of suitable top soil shall be placed over all disturbed areas and permanent vegetative cover established. E. LANDSCAPE COMMENTS: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. 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. F. SUBDIVISION COMMITTEE: Joe White of White-Daters & Associates was present representing the applicant. 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 clear and grade approximately 7.5 of the 8.6 acres. The excavated fill material will trucked to the Glenn Ridge Crossings subdivision where a Land Alteration Regulation variance was recently issued for advanced grading. The furthest lot of Glenn Ridge Crossings is located at most one half mile away. May 30, 2013 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: LA-0053 4 Gravel construction entrances will be located off the paved surfaces. The applicant has agreed that grading will occur expeditiously and the site will be stabilized within 1 year of the issuance of the grading permit. Any damage to city streets or infrastructure will be repaired by the applicant prior to the acceptance and release of the 2 year maintenance bond. Mud, dirt or any debris tracked on paved surfaces must be periodically removed. Erosion control devices will be used during grading operations. The property will be graded to sheet flow stormwater and not pond on the property except in the constructed detention facilities. Maintenance of erosion controls, detention facilities, and construction entrances will occur as needed during the grading period. Within 14 days of completion of the final grading, the disturbed area will be graded with 6 inches of top soil and seeded and vegetated with native grasses. When vegetation is established, the erosion control devices can then be removed. The applicant has amended the application to provide a 50 ft undisturbed buffer along the west property line of Tract 27. The applicant also plans not to disturbed approximately 1.1 acres on the northwest corner of the site near David O. Dodd Road. The applicant has provided line of sight illustrations from the J.A. Fair High School property. The existing property elevations near the property line and the 50 ft buffer will obstruct the view of the area to be advanced graded. The applicant proposes to construct an earthen landscape berm along the northern property line adjacent to Colonel Glenn Plaza Loop to an elevation sufficient to obstruct views from the street and neighboring properties to the north. The conditions of the advanced grading permit for the Glenn Ridge Crossings advanced grading project requires an earthen landscape berm installed on their east property line adjacent to their frontage on Colonel Glenn Plaza Loop to an elevation sufficient to obstruct views from the street and neighboring properties to the east. Orange fencing will be installed along all undisturbed buffers to prevent entry. H. RECOMMENDATION: Staff recommends approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D and E of the agenda staff report. In addition to paragraph D, the variance request is subject to compliance with the following conditions: 1. A 50 ft. undisturbed buffer should be maintained along the western property line of Tract 27; 2. A landscape berm is to be installed along the northern property line adjacent to Colonel Glenn Plaza Loop to obstruct visibility of the advanced graded area from Colonel Glenn Plaza Loop and adjacent properties to the north. May 30, 2013 SUBDIVISION ITEM NO.: 19 (Cont.) FILE NO.: LA-0053 5 PLANNING COMMISSION ACTION: (MAY 30, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the advanced grading variance request subject to compliance with the comments and conditions as outlined in paragraphs D and E of the agenda staff report. Staff stated in addition to compliance with paragraph D, the variance request was subject to compliance with the following conditions: 1. A 50 foot undisturbed buffer should be maintained along the western property line of Tract 27. 2. A landscape berm is to be installed along the northern property line adjacent to Colonel Glenn Plaza Loop to obstruct visibility of the advanced graded area from Colonel Glenn Plaza Loop and adjacent properties to the north. 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. re 0 W W LU 0 Q CO 2 M Q CD CL LtJ iIIIIIIIIIII i 0 �11�11 I ►E d m LU co LU MEN C-41MININIM; m lit", BoomI 14. Q LU l 0 ►E d m LU co LU MEN C-41MININIM; m lit", BoomI 14. Q LU l There being no further business before the Commission, the meeting was adjourned at 5.40 P.m. Chairman Secretary