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pc_07 11 2013sub LITTLE ROCK PLANNING COMMISSION SUBDIVISION HEARING SUMMARY AND MINUTE RECORD JULY 11, 2013 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present there being nine (9) members present. II. Members Present: Alan Bubbus William Changose Keith Cox Janet Dillon J. T. Ferstl Keith Fountain Obray Nunnley, Jr. Amy Pierce Bill Rector Members Absent: Tom Brock Rebecca Finney City Attorney: Cindy Dawson III. Approval of the Minutes of the May 30, 2013 Meeting of the Little Rock Planning Commission. The Minutes were approved as presented. LITTLE ROCK PLANNING COMMISSION SUBDIVISION AGENDA JULY 11, 2013 OLD BUSINESS: Item Number: File Number: Title: A. Z-2246-A Paradise Group LLC Short-form PCD, located at 2020 Vance Street. B. Z-3875-C Richard’s Auto Repair Short-form PCD, located at 12819 I-30. C. Z-4653-I Powell Brothers Revised Short-form PCD, located at 1308 S. Bowman Road. D. Z-7780-B Little Rock Quarries Long-form PID, located at 16220 Lawson Road. NEW BUSINESS: I. PRELIMINARY PLAT: Item Number: File Number: Title: 1. S-220-C Replat of Lot 1 Michael Cove Addition Tracts 8 & 9 Hopson and Sach’s, located on the Southwest corner of Kanis Road and Michael Drive. 2. S-1704 Woodcreek Addition Preliminary Plat, located in the 8800 Block of Mabelvale Cut-off. 3. S-1705 Haw Branch Addition Preliminary Plat, located at 13805 Crystal Valley Road. Agenda, Page Two II. SITE PLAN REVIEW: Item Number: File Number: Title: 4. S-590-F EZ Mart Store #607 Subdivision Site Plan Review, located at 11911 Mara Lynn Road. 5. S-720-A EZ Mart Store #611 Replat Lot 7 Berkshire Place Commercial Subdivision, located at 11724 Rainwood Road. III. PLANNED DEVELOPMENTS: Item Number: File Number: Title: 6. Z-4451-E Hunters Green Lot 18 Hunters Green Addition Revised PD-R (Z-4451-E), located at 75 Hunters Green Circle. 7. Z-4923-O Shackleford Crossing (Wal-mart) Revised Long-form PCD, located at 2700 S. Shackleford Road. 8. Z-4923-P Shackleford Crossing Lot 3 Revised Long-form PCD, located in the 2800 Block of S. Shackleford Road. 9. Z-7421-C Mid-town Revised Short-form PCD, located in the 200 Block of North University Avenue. 10. Z-7895-B 7th and Woodrow Revised Short-form PCD, located at 712 – 724 Appianway. 11. Z-8869 Pearl Management Short-form PD-R, located at 324 South Schiller Street. 12. Z-8870 Haskins Short-form PD-R, located at 4001 North Lookout. 13. Z-8871 K Lofts LLC, 315 Main Street Short-form PCD, located at 315 Main Street. Agenda, Page Three III. PLANNED DEVELOPMENTS: (CONTINUED) Item Number: File Number: Title: 14. Z-8872 The MM Cohn Building Main Street Lofts LLC, 510 Main Street Short-form PCD, located at 510 Main Street. 15. Z-8873 Capitol Lofts LLC, the Hall Davidson Building, 201 – 205 Capitol Avenue Short-form PCD, located at 201 – 205 Capitol Avenue. 16. Z-8261-A 505 Rector Street Short-form PCD Revocation, located at 505 Rector Street. July 11, 2013 ITEM NO.: A 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 July 11, 2013 SUBDIVISION ITEM NO.: A (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. July 11, 2013 SUBDIVISION ITEM NO.: A (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. July 11, 2013 SUBDIVISION ITEM NO.: A (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 July 11, 2013 SUBDIVISION ITEM NO.: A (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. July 11, 2013 SUBDIVISION ITEM NO.: A (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. July 11, 2013 SUBDIVISION ITEM NO.: A (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. July 11, 2013 SUBDIVISION ITEM NO.: A (Cont.) FILE NO.: Z-2246-A 8 STAFF UPDATE: The item was deferred from the May 30, 2013, public hearing due to the number of Commissioners present at the meeting. There has been no change to this request since the previous write-up. Staff continues to recommend denial of the request. Staff does not feel the placement of the proposed use within the residential neighborhood is appropriate. PLANNING COMMISSION ACTION: (JULY 11, 2013) The owner of the building was present representing the request. There were registered objectors present. Staff presented the title of the item. Mr. Roger Gaskins owner of the building representing Remi Investments addressed the Commission. He stated he desired to withdrawn the item from the Planning Commission’s agenda. Chairman Rector questioned if he desired to withdraw the item with or without prejudice. Mr. Gaskins stated the withdrawal would be with prejudice because he did not desire to file the same application for at least 12 months. There was no further discussion of the item. The chair entertained a motion for approval of withdrawal of the item as requested by the owner. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: B 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. July 11, 2013 SUBDIVISION ITEM NO.: B (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. July 11, 2013 SUBDIVISION ITEM NO.: B (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. July 11, 2013 SUBDIVISION ITEM NO.: B (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. July 11, 2013 SUBDIVISION ITEM NO.: B (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. July 11, 2013 SUBDIVISION ITEM NO.: B (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. July 11, 2013 SUBDIVISION ITEM NO.: B (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 no 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. STAFF UPDATE: The item was deferred from the May 30, 2013, public hearing due to the number of Commissioners present at the meeting. Staff and the applicant have met to discuss options to allow the use within the building for auto repair and auto body repair while limiting the variances from various City ordinances. The applicant has agreed all July 11, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3875-C 8 vehicles will be placed within the building during the overnight hours and when the business is not operating. During the day when the business is operating the vehicles waiting to be repaired will be parked on the site in an area that is paved. No new paving will be added to the site at this time. As noted in the staff analysis AHTD is preparing to widen the creek adjacent to this site to reduce flooding in the area. The applicant has stated upon completion of the AHTD project the owner of this property will apply to the Corp of Engineers for a map revision to remove this site from the floodway. At the time the site is removed from the floodway the applicant will be required to seek approval for an amended site plan to allow paving and parking within the rear of the building. Staff is supportive of the request. 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: (JULY 11, 2013) The applicant was presented. There was one registered objector present. Staff presented the item stating they had met with the applicant and resolved their concerns related to the parking of vehicles within the floodway. Staff stated the applicant had agreed no vehicles would be left outside the building during non-operational hours. Staff stated they were now supportive of 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. Mr. Paul Covert addressed the Commission in opposition of the request. He stated he owned property to the south of this site. He stated the site had become a junk yard and he did not support the placement of a junk yard on the property. Commissioner Rector stated with the approval of the item there would not be any inoperable vehicles stored behind the building. He stated if in fact the property was removed from the floodway the applicant would be required to return to the Commission for review and consideration of a revised site plan. He stated at that time discussions of screening and fencing would be addressed. Mr. Vernon Williams addressed the Commission on behalf of the applicant. He stated there would not be inoperable vehicles located outside the building during nonoperational hours. He stated the vehicles would be housed within the building. He stated the only time there would be vehicles outdoors would be when the owner had to move the cars around to allow room to work on a vehicle. July 11, 2013 SUBDIVISION ITEM NO.: B (Cont.) FILE NO.: Z-3875-C 9 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 8 ayes, 0 noes, 2 absent and 1 abstention. July 11, 2013 ITEM NO.: C 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. BACKGROUND: Ordinance No. 17,221 adopted by the Little Rock Board of Directors on July 2, 1996, established the United Properties Subdivision Lot 2 Short-form PCD. The development was approved with restrictions on the allowable uses and the proposed use mix of the development. The development was approved to allow fifty percent (50%) office or office warehouse and fifty percent (50%) commercial uses from the following list of commercial uses: Antique shop, Barber and beauty shop, Book and stationery shop, Camera shop, Clinic, Clothing store, Community welfare or health clinic, Drugstore or pharmacy, Duplication shop, Florist shop, Furniture store, Handicraft, ceramic, sculpture or art work, Hardware or sporting goods, Hobby shop, Medical appliance fittings and sales, Optical shop, Paint and wallpaper, Pet shop, Photography studio, Secondhand July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 2 store, Used furniture, Shoe repair, Tailor, Tool and equipment rental (inside only), Travel bureau. The building contained 10,000 square feet and 31 parking spaces. The building and parking have been constructed on the site. Ordinance No. 19,958 adopted by the Little Rock Board of Directors on May 6, 2008, allowed a revision to the PCD by expanding the allowable uses for the site. The request added a catering company to the allowable uses for the site. The catering company was proposing a minor exterior modification to include a drive-way for access to the side of the building and an exterior door installed on the side of the building for loading the catering vehicles. Ordinance No. 20,214 adopted by the Little Rock Board of Directors on February 16, 2010, allowed a revision to the previously approved PCD. The approval allowed a modification to the use mix of the site. The approval allowed the percentages of commercial and office uses to be changed to 70% commercial uses and 30% office uses within the building. In addition to the previously approved uses the request included the addition of the following office and retail uses: Office supply store, Retail gift shop, Dance studio, Financial office, Appraiser, Art gallery/studio, Copy and printing shop, Employment agency, Ambulance substation, Audio equipment sales, Automobile parts and supplies – indoors, Insurance sales office, Pet grooming, Camera and equipment shop, Dental supplies, Dry cleaning, Floor material and installation, Furnaces, display and sales, Gift novelties shop, Governmental offices, Bicycle sales and repair, Bonding company, Business machine repair and sales, Chiropractor’s office, Gun shop sales and service, Heating, cooling, ventilation sales, Messenger service, Spa, massage establishment, Locksmith repair and sales, Interior decorator, Pawn shops – no outside display, School, art music, dance, martial arts, Tattoo parlor, Uniform rental and sales, Tobacco store, Sound system sales, rental and service, Catering. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now proposing to amend the previously approved PCD to add additional land area to the development and provide a site plan for improvements to the newly added land area. The plan indicates three phases. The first phase incudes the construction of eighteen parking spaces by extending the existing parking lot to the south and turning to the west. The second phase includes an addition of 3,750 square feet of building space to the existing building. The third phase is to allow construction of a 3,500 square foot stand along building and eleven parking spaces. The uses and use mix remain as was approved by Ordinance No. 20,214 adopted by the Board of Directors on February 16, 2010. July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 3 B. EXISTING CONDITIONS: The site contains a strip center with commercial and office uses. The area south of the existing developed site, the area proposed to be included in the existing PCD, is tree covered. This area of Bowman Road is developed with a mixture of uses including office/office warehouse, mini-storage, retail and non-conforming retail such as a liquor store and the skate center. Improvements to South Bowman Road were completed with the initial development of the strip center. The road improvements to the north and south have not been completed. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one informational phone call from an area residents. All property owners located within 200-feet of the site along with the John Barrow Neighborhood Association, the Gibraltar Heights Pointe West Timber Ridge Property Owners Association, the Sandpiper Property Owners Association and the Woodlands Edge Community Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Bowman Road including 5-foot sidewalks with the planned development. The new back of curb should align with the current curb to the north. Improvements can be delayed until construction of Phase 2 or the addition of new office or warehouse space whichever occurs first. 3. 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). 4. The driveway cannot be constructed to access Bowman Road until the boundary street improvements to Bowman Road are completed across the property frontage to be developed. 5. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 6. 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. July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 4 7. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 8. On site striping and signage plans should be forwarded to Public Works, Traffic Engineering for approval with the site development package. 9. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The property should share a single driveway access centered on the property line with the property to the south. The width of driveway must not exceed 36 feet. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer main extension required with easements to serve Lot 2B. Contact Little Rock Wastewater for additional information. Entergy: Customer to work with Entergy to relocate power line as noted. No other issues. Center-Point Energy: After reviewing the plans for this development it has been determined that our facilities are in conflict with the proposed 3,750 square foot Phase 2 building expansion to the south side of the existing building. Our facilities run parallel at 14-feet south of the existing building wall, therefore, if the building expansion is to occur as shown major relocation of our gas facilities is in order. Contact Center-Point Energy, Andrew Townsend (501-377-4679), for additional information. AT & T: No comment received. Central Arkansas Water: 1. In order for Lot 2B to receive water service a dedicated utility easement should be shown on the plat extending to S. Bowman Road. 2. All Central Arkansas Water requirements in effect at the time of request for water service must be met. 3. 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. 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. July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 5 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: This request is located in the Ellis Mountain Planning District. The Land Use Plan shows Service Trades District (STD) for this property. The Service Trades District provides for a selection of office, warehousing, and industrial park activities that primarily serve other office service or industrial businesses. The district is intended to allow support services to these businesses and to provide for uses with an office component. A Planned Zoning District is required for any development not wholly office. The applicant has applied for a rezoning from PCD (Planned Commercial District) and R-2 (Single Family District) to PCD (Planned Commercial District) to allow for the expansion of an existing shopping center and addition of a second structure to the expanded site. 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: There are no bike routes shown in the immediate vicinity. July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 6 Landscape: 1. The site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Areas set aside appear to meet with the City’s landscape and buffer ordinance requirements. 3. An automatic irrigation system will be required. 4. A small amount of building landscaping will be required. 5. The City Beautiful Commission recommends preserving as many existing trees as feasible on this 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. Matt Chandler and Mr. Joe White were present representing the request. Staff presented an overview of the development indicating there were additional items necessary to complete the review process. Staff questioned if any fencing would be located on the site. Staff also questioned if there would be any additional dumpster facilities on the site. Staff stated all site lighting was to be low level and directional, directed downward and into the site. Staff questioned if the use mix and uses for the new area would remain as currently approved. Public Works comments were addressed. Staff stated the driveway along the southern perimeter should be shared with the adjacent property owner. Staff also stated the street improvements to Bowman Road were required at the time the connection for the new driveway was made unless a deferral request was approved. Landscaping comments were addressed. Staff stated the areas set aside for buffers and landscaping appeared to meet the minimum ordinance requirements. Staff also stated an automatic irrigation system to water landscaped areas and a small amount of building landscaping would be required for the new building and paved areas. 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. July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 7 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 has indicated the use mix will remain as previously approved. The applicant has also indicated there will not be any additional dumpster locations on the site. No new screening fence will be added. The applicant has indicated should a dumpster be added to the site with future development the placement and screening will be reviewed and approved by staff prior to installation. The request is to amend the previously approved PCD to add additional land area to the development and provide a site plan for improvements to the newly added land area. Additional building square footage and parking will be added to the site. The plan indicates three phases for construction of the new building and parking areas. The first phase includes the construction of eighteen parking spaces by extending the existing parking lot to the south and turning to the west. The second phase includes an addition of 3,750 square feet of space to the existing building. The third phase is to allow construction of a 3,500 square foot stand along building and eleven parking spaces. The existing building contains 10,062 square feet and the site contains 31 parking spaces. With the Phase I and II construction an additional 18 parking spaces will be added for a total of 49 parking spaces. When calculating the parking at the rate required for office uses (1 per 400 square feet) and commercial uses (1 per 300 square feet) using the percentages proposed by the applicant (30% office and 70% retail) the existing building square footage would require a total of 30 parking spaces. With the Phase II construction a total of 42 spaces would be required and with the construction of the building on Lot 2B a total of 10 additional spaces would be required for a total of 52 required parking spaces (49 parking spaces provided). Staff is supportive of the parking as proposed. The site plan includes the addition of a sign within the landscaped area on South Bowman Road to serve Lot 2A. The sign is proposed consistent with signage allowed in office zones or a maximum of six (6) feet in height and sixty-four (64) square feet in area. The southern drive has been located near the south property line with the area not paved indicated as a driveway easement. This will allow the adjacent property to the south to expand the driveway and allow shared access between the two properties at the time of development of the adjacent property. Staff is supportive of the driveway as proposed. July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 8 The applicant is also requesting a deferral of the required boundary street ordinance requirements for the new development until Phase 2 occurs. Staff is supportive of the deferral of the boundary street improvements until Phase 2 or until the building expansion occurs on Lot 2A or until abutting development occurs whichever occurs first. Staff is supportive of the request. Staff feels the applicant has done an adequate job in addressing staff’s concerns related to the proposed site plan. 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. Staff recommends approval of the deferral request of the boundary street ordinance requirements to South Bowman Road until Phase 2 of the development or until the building expansion occurs on Lot 2A or until adjacent development occurs, whichever occurs first. 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. 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. PLANNING COMMISSION ACTION: (JULY 11, 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 applicant’s deferral request of the boundary street ordinance requirements to South Bowman Road until Phase 2 of the development or until the building expansion occurred on Lot 2A or until adjacent development occurred, whichever occurred first. July 11, 2013 SUBDIVISION ITEM NO.: C (Cont.) FILE NO.: Z-4653-I 9 There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: D 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 July 11, 2013 SUBDIVISION ITEM NO.: D (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 July 11, 2013 SUBDIVISION ITEM NO.: D (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. July 11, 2013 SUBDIVISION ITEM NO.: D (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. July 11, 2013 SUBDIVISION ITEM NO.: D (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 July 11, 2013 SUBDIVISION ITEM NO.: D (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 July 11, 2013 SUBDIVISION ITEM NO.: D (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. July 11, 2013 SUBDIVISION ITEM NO.: D (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. STAFF UPDATE: The item was deferred from the May 30, 2013, public hearing due to the number of Commissioners present at the meeting. During the past few weeks the applicant and staff have met concerning staff’s recommendation concerning the required street improvements to a future arterial indicated on the Master Street Plan located along the applicant’s western boundary and the improvements to Lawson Road. The applicant is requesting a waiver of the required street construction to the abutting streets. The Master Street Plan shows a future principal arterial street to pass thru this property from the north and connect with Lawson Road. As conditions of approval, the Master Street Plan requires right-of-way dedications and boundary street improvements to Lawson Road and the future principal arterial street. Since the future principal arterial street dissects this property, the applicant is required full street construction on the northern portion of the future principal arterial street. One half street construction is required on the southern portion which connects with Lawson Road and crosses the regulatory floodway of McHenry Creek. This portion of the street will be required to be elevated and bridged over the McHenry Creek floodway. One half street construction is required on the northern half of Lawson Road. The existing McHenry Creek bridge is located adjacent to the subject property. Due to unusual circumstances associated with the construction of the future principal arterial and Lawson Road, staff recommends a waiver of the required boundary street improvements to Lawson Road and the future principal arterial street subject to right-of-way being dedicated as required by the Master Street Plan. Staff recommends the waiver due to the following: 1. The property is located approximately 2.5 miles from the CLR corporate limits with no new development occurring in the area; 2. The northern portion of the future principal arterial street does not connect to any existing street or developed property; 3. By constructing only one half of the street, the southern portion of the future principal arterial street cannot connect with Lawson Road with this portion being bridged or elevated; July 11, 2013 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7780-B 9 4. The residential properties to the west cannot take direct access to the future principal arterial street due to the regulatory floodway is located between the residential properties and the future principal arterial street; 5. The applicant is not eligible to provide a payment to the CLR in-lieu of construction due to the property being outside of the CLR corporate limits; and 6. The portion of Lawson Road to be widened is within the regulatory floodway; 7. The estimated cost of boundary street improvements is $2.07M which far exceeds the cost of locating a $1.1M asphalt facility to this property. At the time a new or revised development plan is proposed, the development or redevelopment of the Little Rock Quarries property will be subject to compliance with Chapter 30, Boundary Street Improvements Ordinance. PLANNING COMMISSION ACTION: (JULY 11, 2013) The applicant was present. There were registered objectors present. Staff presented the item stating during the past few weeks they and the applicant had met concerning staff’s recommendation of the required street improvements to a future arterial indicated on the Master Street Plan located along the applicant’s western boundary and the improvements to Lawson Road. Staff stated the applicant was requesting a waiver of the required street construction to the abutting streets. Staff stated they were supportive of the waiver request. Staff stated to their knowledge there were 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. Staff also presented a recommendation of approval of the waiver request of the required street construction to Lawson Road and the proposed future arterial along the western boundary. Mr. Michael Lasiter addressed the Commission on the merits of his request. He stated the asphalt plant was highly regulated and he had secured all permits from the various State agencies. He stated the number of trucks would not significantly increase with the development of the asphalt plant. He stated the plant would be monitored by ADEQ for both water and air pollution. He stated there was also a self-monitoring system which was reported to the various State agencies. Ms. Janet Lanza addressed the Commission in opposition of the request. She presented the Commission with a power point presentation showing the location of her subdivision, Plantation Acres, and the relationship of the proposed rezoning request to the area around the site. She stated this area of the County was developed with homes located on large lots primarily from 2.5 to 5 acres. She stated within the area there July 11, 2013 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7780-B 10 were no streetlights and no sewer. She stated the streets had no shoulders and deep ditches. She stated Plantation Acres contained 76 homes and 135 adult residents. She stated the consensus was the area did not want the rezoning to allow the asphalt plant. Mr. Walter Jones addressed the Commission in opposition of the request. He stated a concern of the residents was the increase in traffic and safety. He stated within this area of Lawson Road there had been five (5) major accidents in the recent past. He stated within the general area there was a church and a daycare center. He stated during rush hour traffic a review was made and in one hour there were 15 trucks turning into the asphalt site and 10 trucks exiting the asphalt plant site. He stated with the lack of shoulders and the deep ditches for drainage to allow additional truck traffic would be dangerous. Ms. Lanza stated the proposal was to change a large area of single-family to an industrial use. She stated there would be an increase in traffic in the fact that raw materials would be brought in and the finished product leaving the site. She provided the Commission with areas within the United States which had indicated there was a decrease in property values once an asphalt plant was constructed adjacent to residential lots and homes. She stated in conclusion there were four (4) points she desired to make. The asphalt plant would increase accidents, change the nature of a larger residential area, possibly decrease quality of live (traffic, possible odor, health issues), possibly decrease property values and certainly not enhance the quality of life for the area residents. Mr. Walter O’Neal addressed the Commission in opposition of the request. He stated the properties were not separated by the floodway. He stated the ownership of the lots within the adjoining subdivision crossed the creek and abutted this property. He stated his company developed the abutting subdivision which was a middle upscale gated subdivision. He stated the development had been slow to start but lot sales had picked up in the past few years. He stated the lots currently looked over a horse farm and with the approval of the zoning the lots would then look over an asphalt plant. Ms. Beth Kuhnert addressed the Commission in opposition of the request. She stated the original request was to store aggregate on this site from the owner’s adjacent mining operation. She stated there was to be no blasting on this site. She stated the proposed outer loop was not a buffer for the adjacent homes. She stated before the residents purchased their homes they reviewed the Future Land Use Plan which indicated this area as residential. She stated although the applicant had all the proper permits there would be noise and odor. She stated there were concerns of health hazards the asphalt plant would potentially generate. She requested the Commission not allow the construction of an asphalt plant in her back yard. She stated she was sure they did not want an asphalt plant in their own back yard. July 11, 2013 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7780-B 11 Larry Kuca addressed the Commission in opposition of the request. He stated he was a partner in developing the adjacent residential subdivision. He stated the subdivision was there first. He stated by placing the asphalt plant in the area would impact the potential growth for the area and would kill property values. Ms. Ann Gooding addressed the Commission in opposition of the request. She stated she had moved to the area from the south part of the state. She stated her home was the first home built in the adjacent subdivision. She stated when they moved to the area they awoke to the screams of eagles. She stated the area was a natural area with a great deal of wildlife. She stated the company was regulated by various agencies but accidents did happen. She stated she would hate for the creek to be destroyed by an accident. Ms. Sarah Yates addressed the Commission in opposition of the request. She stated her family had purchase a lot within the abutting subdivision. She stated she did not want her son to grow up next to an asphalt plant. She stated if the developer wished to compensate the area property owners for their loss in property values then they might consider the request. Elaine Burks addressed the Commission in opposition of the request. She stated the infrastructure of Lawson Road was not constructed for the increase in truck traffic. She stated the road was dangerous with open ditches for drainage. She stated Lawson Road did flood. She stated trucks bringing in material would make the roads more dangerous. She stated the property was zoned R-2, Single-family. She requested the Commission defer the request until the infrastructure for Lawson Road was in place. Ms. Ruth Bell addressed the Commission in opposition of the request. She stated the League of Women Voters did not support the request because of the heavy traffic the asphalt plant would generate. She stated the material brought in and the increase in traffic would be dangerous. Mr. Michael Lasiter addressed the Commission on the merits of his request. He stated he respected the concerns of the residents. He stated this was not a bait and switch on his part. He stated once the City determined the location of the proposed arterial street the development potential of this site was limited. He stated he could build the plant on the adjacent I-3 zoned property. He stated Hugh Taylor Road was now closed and with the closing of Hugh Taylor his company had eliminated one driveway location. There was a general discussion concerning the existing zoning, the allowable uses, the buffers proposed and required and the future arterial. Staff stated the applicant owned a portion of the adjacent I-3 zoned property which would allow construction of an asphalt plant. Staff stated there would be buffers but the buffers would be more a distance buffer than a visual buffer. The Commission questioned Mr. Lasiter concerning July 11, 2013 SUBDIVISION ITEM NO.: D (Cont.) FILE NO.: Z-7780-B 12 the material to be used in the production. Mr. Lasiter stated there would be oil brought to the site. He stated the aggregate would come from the adjacent mining. The Commission discussed among themselves if an asphalt plant was constructed would it be better on Lawson Road or 400 to 500 feet off the road. A general statement was made the residents would see the plant no matter where the plant was placed. A motion was made to approve the request as presented by staff including all staff recommendations and comments. The motion failed by a vote of 1 aye, 8 noes and 2 absent. July 11, 2013 ITEM NO.: 1 FILE NO.: S-220-C NAME: Replat of Lot 1 Michael Cove Addition Tracts 8 & 9 Hopson and Sach’s Addition LOCATION: Located on the Southwest corner of Kanis Road and Michael Drive DEVELOPER: Pam Brown-Courtney P.O. Box 55145 Little Rock, AR 72215 ENGINEER: McGetrick and McGetrick Engineers P.O. Box 30441 Little Rock, AR 72260 AREA: 9.10 acres NUMBER OF LOTS: 4 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 10 – Boyle Park CENSUS TRACT: 24.03 VARIANCE/WAIVERS: A variance from Sections 30-43 and 31-210 the driveways on Kanis Road and Michael Drive less than typical ordinance standard. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project consists of 9.10 acres located south of Kanis Road at the Michael Drive intersection. The property is currently zoned C-3, General Commercial District. The application is to subdivide the property into four (4) lots. The average lot size proposed is 300-feet by 300-feet or 2.0 acres more or less. The request is includes a variance from the minimum driveway spacing criteria of the Master Street Plan and the Subdivision Ordinance. The plat includes two driveway on Kanis Road and two driveways on Michael Drive. The variance request for the driveways includes the minimum spacing requirement and the distance from property lines. July 11, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-220-C 2 B. EXISTING CONDITIONS: The area contains a mixture of commercial and office uses and zoning. The site is zoned C-3, General Commercial District. There was a Conditional Use Permit approved for the property in September 2003 to allow for an equipment rental business to be constructed on the site with outdoor display. This development did not occur. South of the site is an apartment complex accessed from Michael Drive. To the southwest along John Barrow Road is a church. Michael Drive has been constructed with curb and gutter but not sidewalk is in place. Adjacent to the site Kanis Road has not been constructed to Master Street Plan standard. There is no sidewalk in place along Kanis Road. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners along with the John Barrow Neighborhood Association and the Brownwood Terrace Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Kanis Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Kanis Road and Michael Drive. 3. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Kanis Road including 5-foot sidewalks with the planned development. The new back of curb should be located 29.5 feet from centerline. 4. Sidewalks with appropriate handicap ramps are required to be installed adjacent to Michael Drive in accordance with Section 31-175 of the Little Rock Code and the Master Street Plan. 5. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 6. 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). July 11, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-220-C 3 7. A grading permit in accordance with Section 29-186 (c) and (d) will be required prior to any land clearing or grading activities at the site. Other than residential subdivisions, site grading and drainage plans must be submitted and approved prior to the start of construction. 8. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 9. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 10. Street Improvement plans shall include signage and striping. Traffic Engineering must approve completed plans prior to construction. 11. 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. 12. Driveway locations and widths must meet the traffic access and circulation requirements of Sections 30-43 and 31-210. The driveway spacing on Kanis Road is 300 feet between driveways and 150 feet from property lines. The driveway spacing on Michael Drive is 250 feet between driveways and 125 feet from property lines. Show the proposed driveway locations. 13. Provide a letter prepared by a registered engineer certifying the sight distance at the proposed intersections and driveways comply with 2004 AASHTO Green Book standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Sewer located on lot for Lots 3 and 4. Sewer service for Lots 1 and 2 is located on the north side of Kanis Road. Contact Little Rock Wastewater for additional information. Entergy: Entergy has an existing distribution line as marked approximately on the attached plat. The line will need to remain in place or required to be relocated with a new easement provided at the customer’s/developer’s expense. Contact Entergy at 954-5158 for additional information. Center-Point Energy: No comment received. AT & T: No comment received. July 11, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-220-C 4 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 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 the Little Rock Fire Department is required. 4. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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 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. 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. July 11, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-220-C 5 CATA: The site is located directly adjacent to CATA Bus Route #3. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the item stating there were additional items necessary to complete the review process. Staff requested Mr. McGetrick provide the names of recorded subdivision abutting the proposed plat area. Staff also requested Mr. McGetrick provide the source of title of the land owner in the general notes section of the proposed plat. Public Works comments were addressed. Staff stated a dedication or right of way on Kanis Road would be required to 45-feet from centerline. Staff also stated a 20-foot radial dedication of right of way was required at the intersection of Kanis Road and Michael Drive. Staff requested Mr. McGetrick provide the location for the proposed driveways. 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 issues raised at the June 20, 2013, Subdivision Committee meeting. The applicant has provided the names of recorded subdivisions abutting the proposed plat area. The revised plat also indicates the source of title of the landowner. The request is to allow the creation of four (4) lots from this 9.10 acre tract. The property is currently zoned C-3, General Commercial District. The lots will average 300-feet by 300-feet or 2.0 acres more or less. The request includes a variance from the Subdivision Ordinance and the Master Street Plan to allow the driveways on Kanis Road and Michael Drive with spacing from the property lines and the distance between the drives less than typical July 11, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-220-C 6 ordinance standard. Shared driveways will be utilized on Kanis Road. Per the Ordinances the driveway spacing on Kanis Road is to be 300 feet between driveways and 150 feet from property lines. Two driveways are indicated on Kanis Road. Center to center the drives are located 270-feet apart. The eastern drive is located 260-feet from the intersection of Kanis Road and Michael Drive. The western drive is located 300-feet from the western property line. Staff is supportive of the driveway placement on Kanis Road. Per the Master Street Plan and the Subdivision Ordinance the driveway spacing on Michael Drive is to be 250 feet between driveways and 125 feet from property lines. Center to center the drives on Michael Drive are located 260-feet apart. The southern drive is located on Lot 4 and is located midway of the proposed lot. The lot is indicated with a 150-foot width. The drive is located approximately 75-feet from the north and south property lines of Lot 4. The northern drive on Michael Drive is located approximately 250-feet from the intersection of Kanis and Michael Drive and 170-feet from the southern property line. Staff is not supportive of the driveway placement on Michael Drive. Staff recommends a single drive on Michael Drive. The driveway should be located a minimum of 250-feet from the intersection of Michael Drive and Kanis Road. The C-3, General Commercial Zoning District requires a minimum lot width of 100-feet and a minimum lot area of 14,000 square feet. The lots are indicated more than adequate to meet this typical standard. The proposed plat includes platted building lines consistent with the C-3, General Commercial District zoning district or 25-feet from the abutting rights of way. Staff is supportive of the request. The applicant has indicated the subdivision of 9+ acres into four (4) lots. The lots will be final platted in phases and the corresponding street improvements will be put in place at the time of final platting. Staff is not however supportive of the placement of the driveways on Michael Drive as proposed by the applicant. I. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (JULY 11, 2013) The applicant was present. There were no registered objectors present. Staff presented the item stating the applicant had stated the driveways on Michael Drive would be placed per the staff recommendation in the analysis section of the agenda write-up. Staff stated based on the removal of the request for the driveway spacing July 11, 2013 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-220-C 7 variance on Michael Drive staff was now supportive of 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. Staff presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the placement of driveways on Kanis Road as proposed by the applicant. 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 2 FILE NO.: S-1704 NAME: Woodcreek Addition Preliminary Plat LOCATION: Located in the 8800 Block of Mabelvale Cut-off DEVELOPER: Doug Woodall 14996 N. Polk Street Alexander, AR ENGINEER: McGetrick and McGetrick Engineers P.O. Box 30441 Little Rock, AR 72260 AREA: 1.96 acres NUMBER OF LOTS: 5 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family PLANNING DISTRICT: 15 – Geyer Springs West CENSUS TRACT: 41.05 VARIANCE/WAIVERS: 1. A variance from Section 31-232(b) to allow an increased lot depth to width ratio for Lots 2 – 5. 2. A variance from Sections 30-43 and 31-210 to allow driveways on Mabelvale Cut-off nearer the property lines than typically allowed per ordinance. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project consists of two (2) acres located on the south side of Mabelvale Cut-off between Fairwood Road and Shiloh Drive. The property is currently zoned R-2, Single-family. The owner plans to develop a residential subdivision with five (5) lots. The average lot size is 71-feet by 275-feet or 0.44 acres. The applicant is seeking a variance from the City’s Subdivision Ordinance (Section 31-232(b)) to allow an increased lot depth to width ratio for Lots 2 – 5. July 11, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1704 2 The request also includes a variance from Sections 30-43 and 31-210 to allow the placement of three (3) drives on Mabelvale Cut-off. The driveways are proposed nearer the property line than typically allowed per City ordinance. B. EXISTING CONDITIONS: The area has developed with single-family homes. The Shiloh Subdivision is located to the south of the site. The homes within the Shiloh Subdivision have developed with lots averaging 0.25 acres. To the west on Mabelvale Cut-off is an elementary school and a City Park. Mabelvale Cut-off has been constructed to Master Street Plan standard including curb, gutter and sidewalk adjacent to the site. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners along with the Legion Hut and the Shiloh Neighborhood Associations and Southwest Little Rock United for Progress 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. Driveway spacing of 300 feet between driveways and 150 feet from side property lines is required on a minor arterial street (Mabelvale Cut-off). Show the proposed location of driveways. 3. Stormwater detention ordinance applies to this property. Show the proposed location for stormwater detention facilities on the plan. 4. If disturbed area is one (1) or more acres, obtain a NPDES stormwater permit from the Arkansas Department of Environmental Quality prior to the start of construction. 5. Provide a letter prepared by a registered engineer certifying the sight distance at the proposed driveway(s) comply with 2004 AASHTO Green Book standards. 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. July 11, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1704 3 Entergy: Entergy has no objection to the plat. However, Entergy distribution lines are in the vicinity and may need to be adjusted/relocated at customer’s/developer’s expense once project begins. 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 the 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. The additional Capital Investment Charge is applicable to all connections off the waterline along Crystal Valley Road at this location. 4. 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. 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 or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. 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 directly adjacent to CATA Bus Routes #17 and #22. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. July 11, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1704 4 G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the development stating there were few items outstanding in need of addressing prior to the Commission acting on the request. Staff stated the front building line adjacent to an arterial street was to be 35-feet. Staff requested Mr. McGetrick provide the source of title of the landowner in the general notes section of the proposed preliminary plat. Public Works comments were addressed. Staff stated the City’s Stormwater Detention Ordinance would apply to the development of the property. Staff also stated if one or more acres was disturbed a stormwater permit from ADEQ would be required. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revise preliminary plat to staff addressing a number of the issues raised at the June 20, 2013, Subdivision Committee meeting. The applicant has provided the source of title of the landowner, the driveway locations and indicated the front building line as required by the City’s Subdivision Ordinance. The project consists of two (2) acres located on the south side of Mabelvale Cut-off between Fairwood Road and Shiloh Drive. The property is currently zoned R-2, Single-family. The owner is proposing to develop a residential subdivision with five (5) lots. The average lot size is 71-feet by 275-feet or 19,525 square feet or 0.44 acres. The applicant is seeking a variance from the City’s Subdivision Ordinance to allow an increased lot depth to width ratio for Lots 2 – 5. Section 31-232(b) states no residential lot shall be more than three times as deep as it is wide, except lots approved under paragraphs (g) of Section 31-232 or zero lot line lots in the R-2, R-3, PRD and PDR zoning districts. The lot depth to width ratio ranges from 3 to 1.3 to 3 to 1.5. The request also includes a variance from Sections 30-43 and 31-210 to allow the placement of three (3) drives on Mabelvale Cut-off. The proposed plat indicates the placement of a shared driveway for Lots 1 and 2 and 4 and 5 with a single driveway located on Lot 3. The ordinance states driveway spacing is to be July 11, 2013 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-1704 5 300 feet between driveways and 150 feet from side property lines for access to lots located on a minor arterial street (Mabelvale Cut-off). Staff is supportive of the request and the requested variances. The development is proposed with single-family homes on lots in excess of the 7,000 square foot minimum lot size typically required by the R-2, Single-family zoning district. Staff does not feel the lot depth to width ratio will adversely impact the development. Staff also does not feel the placement of the three (3) drives to serve five (5) lots will adversely impact travel on Mabelvale Cut-off. 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. Staff recommends approval of the variance request from Section 31-232(b) to allow an increased lot depth to width ratio for Lots 2 – 5. Staff recommends approval of the variance request from Sections 30-43 and 31-210 to allow the placement of three driveways on Mabelvale Cut-off to access the five (5) proposed lots. PLANNING COMMISSION ACTION: (JULY 11, 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 an increased lot depth to width ratio for Lots 2 – 5. Staff presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the placement of three driveways on Mabelvale Cut-off to access the five (5) proposed 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 3 FILE NO.: S-1705 NAME: Haw Branch Addition Preliminary Plat LOCATION: Located at 13805 Crystal Valley Road DEVELOPER: Doug Woodall 14996 N. Polk Street Alexander, AR ENGINEER: McGetrick and McGetrick Engineers P.O. Box 30441 Little Rock, AR 72260 AREA: 9.78 acres NUMBER OF LOTS: 3 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family and PCD PLANNING DISTRICT: 17 – Crystal Valley CENSUS TRACT: 42.21 VARIANCE/WAIVERS: 1. A variance from Section 31-232(b) to allow an increased lot depth to width ratio for Lots 2 and 3. 2. A waiver of the required street construction of Crystal Valley Road. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The project consists of 10 acres located off Crystal Valley Road, currently zoned R-2, Single-family and PCD (expired). The owner plans to develop a residential subdivision with three (3) lots. The average lot size is 2 to 5 acres. The property is located outside the City limits of Little Rock but is adjacent to the City limits and within the City’s Extraterritorial Planning Jurisdiction. The owner will seek annexation as the development occurs. The request includes a variance from the City’s Subdivision Ordinance (Section 31-232(b) to allow an increased lot depth to width ratio for Lots 2 and 3. The July 11, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1705 2 applicant is also seeking a waiver of the required boundary street construction to Crystal Valley Road. The request also includes the revocation of a previously approved PCD for the property. Ordinance No. 16,161 adopted by the Little Rock Board of Directors on February 4, 1992, rezoned the property from R-2, Single-family to Planned Commercial Development to recognize a welding shop located on the site. The PCD zoned a 10 acre parcel. Ordinance No. 16,183 adopted by the Board of Directors on Mach 3, 1992, reduced the area of the PCD zoning to 2.5 acres. B. EXISTING CONDITIONS: The site is located outside the City limits of Little Rock but abuts the City limits on the south and west sides. There are two non-residential buildings located on the site. South and west of the site is the Eagle Hill Apartment development which includes a golf course. North of the site are two single-family homes located on acreage. Street improvements were installed on Crystal Valley Road with the development of the adjacent Eagle Hill apartments located to the south. Street improvements on Crystal Valley Road were also installed on Crystal Valley Road to the north abutting the Crystal Wood Subdivision and to the east with the development of the Green Diamond Subdivision. All improvements in place include curb, gutter and sidewalk. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. All abutting property owners along with 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. Crystal Valley 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. 2. With site development, provide the design of street conforming to the Master Street Plan. Construct one-half street improvement to Crystal Valley Road including 5-foot sidewalks with the planned development. 3. Show proposed driveway location(s). July 11, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1705 3 4. Contact Pulaski County Planning Department for requirements for developing property in the floodplain. 5. The minimum finished floor elevation of at least 1 foot above the base flood elevation is required to be shown on plat and grading plans. 6. Provide a letter prepared by a registered engineer certifying the sight distance at the proposed driveway(s) comply with 2004 AASHTO Green Book standards. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Outside the service boundary, no comment. Provide septic certification for the proposed lots. Entergy: Entergy has no objection to the plat. However, Entergy distribution lines extend into the approximately center of the property which served a previous customer. Relocation costs may be required to move the lines as the property develops. 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 the 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. The additional Capital Investment Charge is applicable to all connections off the waterline along Crystal Valley Road at this location. 4. 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. 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 or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. July 11, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1705 4 Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: 1. Provide interior lot line bearings. 2. Clarify with different line work/hatched areas the limits of the floodplain and floodway. 3. Show State Plan Coordinates for two corners. 4. Obtain flood development permit from Pulaski County Public Works for Lot 3. 5. Provide Bill of Assurance. 6. Obtain driveway permits for all three lots from Pulaski County Public Works. CATA: The site is located about ½ mile from the new CATA Bus Route #23. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) Mr. Pat McGetrick was present representing the request. Staff presented an overview of the item stating there were additional items necessary to complete the review process. Staff requested Mr. McGetrick provide the means of wastewater disposal for the proposed lots. Staff also requested Mr. McGetrick provide the source of title for the landowner in the general notes section of the proposed preliminary plat. Public Works comments were addressed. Staff stated Crystal Valley Road was classified on the Master Street Plan as a collector street which would require right of way dedication to 35-feet from centerline. Staff also stated the minimum finished floor elevation was to be at least one (1) foot above the base flood elevation and was to be shown on the plat. 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. July 11, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1705 5 H. ANALYSIS: The applicant submitted a revised preliminary plat to staff addressing the issues raised at the June 20, 2013, Subdivision Committee meeting. The applicant has stated upon approval of the preliminary plat the owner will seek annexation to the City to provide sewer service to the lots. The applicant has also indicated the source of title of the landowner in the general notes section of the site plan. The proposal consists of 10 acres located off Crystal Valley Road, currently zoned R-2, Single-family, to be developed with three (3) residential lots. The average lot size is 2 to 5 acres. The property is located outside the City limits of Little Rock but is adjacent to the City limits and within the planning jurisdiction. As stated the owner will seek annexation as the development occurs to provide sewer service. The applicant is seeking a waiver of the required street construction to Crystal Valley Road. Staff is not supportive of the waiver request. Street improvements have been installed to the south of this site adjacent to the Eagle Hill apartments. Improvements have also been installed with the two nearby residential subdivisions; Green Diamond and Crystal Wood Subdivisions. The request includes a variance from the City’s Subdivision Ordinance (Section 31-232(b) to allow an increased lot depth to width ratio for Lots 2 and 3. The ordinance states lots are not to exceed a three (3) to one (1) depth to width ratio. Staff is supportive of the lots as proposed. The request also includes the revocation of a previously approved PCD for the property. Ordinance No. 16,161 adopted by the Little Rock Board of Directors on February 4, 1992, rezoned the property from R-2, Single-family to Planned Commercial Development to recognize a welding shop located on the site. The PCD zoned a 10 acre parcel. Ordinance No. 16,183 adopted by the Board of Directors on Mach 3, 1992, reduced the area of the PCD zoning to 2.5 acres. Staff is supportive of the proposed preliminary plat and the PCD revocation request. Staff is not however supportive of the request for the waiver of the Boundary Street Ordinance requirements for Crystal Valley Road. Staff feels the boundary street improvements should be put in place to correspond with street improvements that have been installed for the nearby and abutting developments. I. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. July 11, 2013 SUBDIVISION ITEM NO.: 3 (Cont.) FILE NO.: S-1705 6 PLANNING COMMISSION ACTION: (JULY 11, 2013) Mr. Pat McGetrick was present representing the request. There were no registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 10, 2013, requesting deferral of this item to the August 22, 2013, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the timing of the deferral request and the request not being made a minimum of 5-days prior to the 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 By-law waiver request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 4 FILE NO.: S-590-F NAME: EZ Mart Store #607 Subdivision Site Plan Review LOCATION: Located at 11911 Mara Lynn Road DEVELOPER: EZ Mart Store Inc. 517 Falvey Texarkana, TX 75501 SURVEYOR: South Point Surveying PLLC 2109 Stoney Creek Drive Little Rock, AR 72211 AREA: 0.989 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.09 VARIANCE/WAIVERS: A variance from Section 36-301(e) to allow the encroachment of the building into the rear yard setback. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is for a subdivision site plan review to allow the existing convenience store to expand the building envelope and to allow the fuel canopy to also be expanded. The site plan includes a 13-foot by 40-foot building expansion along the northern portion of the building. The fuel pump canopy is currently 24-feet by 88-feet and will be reconstructed as a 44-foot by 76-foot canopy. Additional fueling islands will be added to the site with the redevelopment. The existing building is located 10.48-feet from the southern property line and 18.37-feet from the eastern property line. With the proposed expansion the building setback along the eastern perimeter (rear) will be 14.13 feet. The ordinance typically requires the placement of a 15-foot rear yard setback. July 11, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-590-F 2 B. EXISTING CONDITIONS: North Bowman Road has developed with retail shopping and restaurant uses. The area to the north has developed with attached single-family homes. The area to the east has developed with multi-family housing. The site has driveway access from North Bowman Road and Mara Lynn Road. Both streets have been constructed to Master Street Plan standard including curb, gutter and sidewalk. 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 Hills/Aspen Highland Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Bowman Road is classified on the Master Street Plan as a minor arterial. A dedication of right-of-way 45 feet from centerline will be required. 2. A 20 foot radial dedication of right-of-way is required at the intersection of Bowman Road and Mara Lynn Road. 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to the project. Entergy: Entergy conditionally approves this plan. The northeast corner of the store addition will be close to an existing primary line, but appears to be far enough away to allow construction to proceed. Entergy would like to meet on-site to discuss details so work can proceed safely and adjustments made if necessary. Contact Entergy for additional information at 954-5158. Center-Point Energy: No comment received. AT & T: No comment received. July 11, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-590-F 3 Central Arkansas Water: 1. No objections. 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 the water meter. 3. 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. 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 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 ¼ mile from CATA Bus Route #5. 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. July 11, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-590-F 4 2. All fencing, dumpster enclosures, striping (parking), and landscaping should be in good condition and/or replaced and repaired with this application. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was not present. Staff presented an overview of the item stating there were few outstanding technical issues associated with the request. Staff stated they would work with the applicant to resolve their concerns prior to the final analysis for the item. 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 has worked with staff to address their concerns from the June 20, 2013, Subdivision Committee comments. The applicant has indicated there will not be a change to the proposed signage plan for the site. The applicant has also indicated the fuel trucks will enter the site from Bowman Road and exit onto Mara Lynn Road. The request is for a subdivision site plan review to allow the existing convenience store to expand the building envelope and to allow the fuel canopy to also be expanded. The site plan includes a 13-foot by 40-foot building expansion along the northern portion of the building. The fuel pump canopy is currently 24-feet by 88-feet and will be reconstructed as a 44-foot by 76-foot canopy. Additional fueling islands will be added to the site with the redevelopment. The existing building is located 10.48-feet from the southern property line and 18.37-feet from the eastern property line. There is not setback required along the southern property line (side) and a 15-foot setback is required along the eastern property line (rear). With the proposed expansion the building setback along the eastern perimeter (rear) will be 14.13 feet. To allow the rear yard setback as proposed will require a variance from Section 36-301(e). Staff is supportive of the building setback as proposed. Staff is supportive of the request. Staff does not feel the addition to the existing fuel canopy or the existing convenience store building will significantly impact the development or the area. 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. July 11, 2013 SUBDIVISION ITEM NO.: 4 (Cont.) FILE NO.: S-590-F 5 Staff recommends approval of the variance requests from Section 36-301(e) to allow the encroachment of the building into the rear yard setback. PLANNING COMMISSION ACTION: (JULY 11, 2013) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide notification of the property owners within 200-feet as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the August 22, 2013, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 5 FILE NO.: S-720-A NAME: EZ Mart Store #611 Replat Lot 7 Berkshire Place Commercial Subdivision LOCATION: Located at 11724 Rainwood Road DEVELOPER: EZ Mart Store Inc. 517 Falvey Texarkana, TX 75501 SURVEYOR: South Point Surveying PLLC 2109 Stoney Creek Drive Little Rock, AR 72211 AREA: 0.575 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District PLANNING DISTRICT: 2 – Rodney Parham CENSUS TRACT: 22.09 VARIANCE/WAIVERS: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is seeking approval of a replat for Lot 7, Berkshire Place Commercial Subdivision to the City of Little Rock, Pulaski County, Arkansas to allow a reduction in the platted building line along both Green Mountain Drive and Rainwood Road. The plat was filed with a 45-foot platted building line on each of the streets. The property is zoned C-3, General Commercial District which would typically require a platted building line along the abutting streets of 25-feet. The applicant has amended the request to eliminate the site plan review request from this application and only seek approval of a replat to allow the building line reduction on the abutting streets. July 11, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-720-A 2 B. EXISTING CONDITIONS: The area is developed with multi-family, office and commercial uses. To the southwest and northwest are multi-family developments. To the east is a mini-warehouse development. Green Mountain Drive and Rainwood Road have been constructed to Master Street Plan standard with curb, gutter and sidewalk. 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 Pleasant Tree Recreational Association, the Pleasant Valley Property Owners Association, the Rainwood Cove Property Owners Association and the Walnut Valley Property Owners 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 the project. Entergy: Entergy objects to the addition as proposed due to its proximity to existing power lines. It appears that the addition will place the roof line within a few feet of an existing primary phase wire. Entergy is willing to work with the customer concerning options. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. No objections. 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 the water meter. 3. 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. July 11, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-720-A 3 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 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 directly adjacent to CATA Bus Route #8. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No comment. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. All fencing, dumpster enclosures, striping (parking), and landscaping should be in good condition and/or replaced and repaired with this application. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was not present. Staff presented an overview of the item stating there were few outstanding technical issues associated with the request. Staff stated they would work with the applicant to resolve their concerns prior to the July 11, 2013 SUBDIVISION ITEM NO.: 5 (Cont.) FILE NO.: S-720-A 4 final analysis for the item. 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 issues raised at the June 20, 2013, Subdivision Committee meeting in need of addressing. The request is for approval of a replat for Lot 7, Berkshire Place Commercial Subdivision to the City of Little Rock, Pulaski County, Arkansas to allow a reduction in the front platted building line along both Green Mountain Drive and Rainwood Road. The original plat was filed with a 45-foot front platted building line on each of the streets. The request is to reduce the front platted building line to 25-feet which is consistent with the C-3, General Commercial Zoning District, the zoning of this property. Staff is supportive of the request. Staff does not feel the replat to allow the reduction in the front platted building line along Green Mountain Drive and Rainwood Road will significantly impact the development. I. STAFF RECOMMENDATION: Staff recommends approval of the requests subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 11, 2013) The applicant was not present. There were no registered objectors present. Staff presented the item stating the applicant had failed to provide notification of the property owners within 200-feet as required by the Commission’s By-laws. Staff presented a recommendation of deferral of the item to the August 22, 2013, public hearing. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 6 FILE NO.: Z-4451-E NAME: Hunters Green Lot 18 Hunters Green Addition Revised PRD LOCATION: Located at 75 Hunters Green Circle DEVELOPER: River Rock Builders, LLC P.O. Box 242689 Little Rock, AR 72223 ENGINEER: Central Arkansas Engineering 1012 Autumn Road, Suite #2 Little Rock, AR 72211 AREA: .017 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PRD ALLOWED USES: Single-family PROPOSED ZONING: Revised PRD PROPOSED USE: Single-family, modify setbacks and platted building lines VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: On April 18, 1995, the Board of Directors adopted Ordinance #16,872 establishing Hunters Green PD-R. The approved development included 50 single-family lots and a large common area. Also included in the development was a six foot high brick fence, built around the perimeter of the property. On June 2, 1998, the Board of Directors approved Ordinance No. 17,736 to allow the revision of the PD-R for the six-foot brick wall behind Lots 9, 10 and 11 (located in the northeast portion of the development) to be increased to nine feet. July 11, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-4451-E 2 On June 25, 2005, the Board of Directors adopted Ordinance No. 19,335 to allow a revision to the PD-R to allow for the construction of a sunroom with a solid faced wall within the previously proposed building setback for the home located at 79 Hunters Green Circle. On August 6, 2007, the Little Rock Board of Directors adopted Ordinance No. 19,791 which allowed a revision to a previously approved Planned Residential Development (PRD) to allow the construction of a gazebo adjacent to a 12-foot by 40-foot deck within the rear yard of the home located at 1219 Eagle Point Drive. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting a replat of Lot 18 Hunters Green Addition to the City of Little Rock. According to the applicant the replat is necessary due to the unusual shape of the lot, being pie-shaped and because of the utility easements to the north and east of the property. The owner desires to build a home of approximately 2,800 square feet on one level. The revision to the PRD would allow a 20-foot rear platted setback in-lieu of a 25-foot platted rear setback. The request also includes a side yard setback on the south property line of 5-feet as opposed to the 10-foot platted building setback. The home located adjacent to the proposed new construction is located 8.5 feet from the property line which would allow 13.5-feet of separation for the two homes. All other provisions of the approved PRD and the Bill of Assurance will remain in effect for the new construction. B. EXISTING CONDITIONS: Hunters Green Estates has developed as a zero lot line subdivision. The lot proposed for rezoning is a vacant lot; one of two remaining undeveloped lots within the subdivision. The subdivision is accessed from Hunters Green Boulevard and is surrounded by a six foot wall. There are single-family homes located to the west of the site. The wall placement screens the view of the homes located to the west. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received one phone call in support of the proposed development. All property owners located within 200-feet of the site along with the Eagle Point Property Owners Association, the Glenn Eagles Property Owners Association, the Hunters Cove Property Owners Association and the Marlow Manor Property Owners Association were notified of the public hearing. July 11, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-4451-E 3 D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Prior to construction of retaining walls 4 feet or taller, an engineer's certification of design and plans must be submitted to Public Works for approval. After construction, an as-built certification is required for construction of the retaining wall. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Builder should verify sewer main location prior to construction. Sewer main is close to building footprint. Contact Little Rock Wastewater for additional information. Entergy: No objection. Overhead electric lines exist at rear of property but 20-feet from back wall of proposed structure. Care should be taken during construction to remain at least 10-feet away from power lines at all times. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. No objections. 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 the water meter. 3. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: 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 almost ¾ mile from CATA Bus Route #8. The site is within LINKS par-transit service area. Parks and Recreation: No comment received. July 11, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-4451-E 4 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Chenal Planning District. The Land Use Plan shows Mixed Use (MX) for this property. The Land Use Plan shows Low Density Residential (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a revision to the existing PRD (Planned Residential District) zoning to allow for the development of a Single Family Home with a variation to the previously platted building lines. Master Street Plan: Hunters Green Circle is shown as a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. 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: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was present. Staff presented an overview of the development stating there were no outstanding technical issues associated with the request. Staff stated the request was to amend the PRD to allow a modification to the previously approved platted building lines. Staff noted upon approval of the revision to the PRD the applicant would be required to file a replat to adjust the platted building lines. 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 issues in need of addressing associated with the request raised at the June 20, 2013, Subdivision Committee meeting. The request is a replat of Lot 18 Hunters Green Addition to the City of Little Rock to modify the platted building lines along the side and rear yards. According to the applicant the replat is necessary due to the unusual shape of the lot, being pie-shaped and because of the utility easements to the north and east of the property. July 11, 2013 SUBDIVISION ITEM NO.: 6 (Cont.) FILE NO.: Z-4451-E 5 The current plat indicates a 25-foot platted rear yard setback. The revision to the PRD would allow a 20-foot platted rear setback. The request also includes a revision to the platted side yard setback on the south property line to 5-feet. The current platted side yard setback is 10-feet. Staff is supportive of the request. Staff does not feel the replatting of the lot to adjust the platted building lines will have a significant impact on the abutting property. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. All other provisions of the approved PRD and the Bill of Assurance will remain in effect for the new construction. 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: (JULY 11, 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 7 FILE NO.: Z-4923-O NAME: Shackleford Crossing (Wal-mart) Revised Long-form PCD LOCATION: Located at 2700 S. Shackleford Road DEVELOPER: Wal-Mart Estate Business Trust c.o Kutak Rock LLP Attn: Stuart Hindmarsh 234 E. Millsap Road, Suite 400 Fayeteville, AR 72703 ENGINEER: Carlson Consulting Engineers 7068 Ledgestone Commons Bartlett, TN 38133 AREA: 22.95 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2 and O-2 Zoning District Uses PROPOSED ZONING: Revised PCD PROPOSED USE: Add areas of outdoor storage to the approved site plan VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four (4) out parcels along the July 11, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-O 2 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. 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 July 11, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-O 3 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. The applicant requested the item not be forwarded to the Board of Directors for final approval. July 11, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-O 4 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. On July 9, 2013, the Little Rock Board of Directors reviewed a request to allow a modification to the previously approved site plan to add 43 additional parking spaces in the Tract B area (adjacent to this site) and increase the overall allowance for restaurant usage from 80,000 square feet to 90,000 square feet within the overall shopping center. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is now requesting to amend the approved site plan for Lot C Shackleford Crossing Subdivision (Wal-mart) to allow the placement of outdoor display of seasonal items. The applicant has identified the areas proposed for outdoor display including adjacent to the building and within the parking lot area near the lawn and garden center. The plan includes the placement of sales and display of bedding plants/trees/shrubs, mulch, potting soil, bagged lawn goods, landscape decorations, landscaping tools, grills, lawn mowers, and other outdoor merchandise yearly from February through August. The plan includes three areas of outdoor seasonal display to include year round display of merchandise such as plant materials, grills, mowers, deer stands, bicycles and/or Christmas trees which will be rotated as to the particular season. B. EXISTING CONDITIONS: The shopping center has developed with a mix of retail uses. 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. July 11, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-O 5 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 were notified of the public hearing. D. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was present. Staff presented an overview of the development stating there were few outstanding technical issues associated with the request in need of addressing. Staff stated they were not supportive of allowing the placement of the storage containers on the site either on a temporary or permanent basis. 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. E. ANALYSIS: There were no outstanding technical issues associated with the request in need of addressing via a revised site plan. The applicant has revised their request to remove the placement of the storage containers for inventory storage on the site on a temporary or permanent basis. The request is to amend the approved site plan for Lot C to allow Wal-mart an area to place outdoor display of seasonal items. The plan indicates several areas for outdoor display including adjacent to the building and within the parking lot area near the lawn and garden center. The items to be placed within the outdoor display area include bedding plants/trees/shrubs, mulch, potting soil, bagged lawn goods, landscape decorations, landscaping tools, grills, lawn mowers, and other outdoor merchandise yearly from February through August. Adjacent to the building three (3) areas have been identified as areas for outdoor seasonal display to include year round display of merchandise such as plant materials, grills, mowers, deer stands, bicycles and/or Christmas trees which will be rotated as to the particular season. Staff is supportive of the requests. The applicant has indicated the placement of seasonal items within the parking lot and adjacent to the building in a similar manner as other similar type retailers. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. July 11, 2013 SUBDIVISION ITEM NO.: 7 (Cont.) FILE NO.: Z-4923-O 6 F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the placement of seasonal outdoor display on the site as proposed by the applicant. PLANNING COMMISSION ACTION: (JULY 11, 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 seasonal outdoor display on the site as proposed by the applicant. 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 8 FILE NO.: Z-4923-P NAME: Shackleford Crossing Lot 3 Revised Long-form PCD LOCATION: Located in the 2800 Block of S. Shackleford Road DEVELOPER: BJ’s Restaurants, Inc. c/o Golden Property Development LLC 10 S. Grant Street Roseville, CA 95678 ENGINEER: WD Partners 16808 Armstrong Ave. Suite 100 Irving, CA 92606 AREA: 2.24 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-2 and O-2 Zoning District uses PROPOSED ZONING: Revised PCD PROPOSED USE: Add signage to all four sides of the proposed building VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: The Little Rock Board of Directors adopted Ordinance No. 19,237 on November 23, 2004, approving a Conceptual PCD known as Shackleford Crossing Long-form PCD, which was located at the southwest corner of South Shackleford Road and Interstate 430. The conceptual plan included the north 62 acres being developed with C-2, Shopping Center District permitted uses, the south 20 acres being O-2, Office and Institutional District permitted uses and the middle 15 acres being a transition area where O-2, Office and Institutional District and C-2, Shopping Center District permitted uses would be allowed. The plan also showed four (4) out parcels along the Shackleford Road frontage, with three (3) main entry drives from Shackleford Road. The total project would consist of 1,000,000 square feet of gross building area. July 11, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-P 2 Ordinance No. 19,399 adopted by the Little Rock Board of Directors on September 20, 2005, established revisions to the previously approved PCD. The approval defined the site plan for Phase I, the commercial portion of the project and one (1) of the office lots. With the request, a preliminary plat for the subdivision of the site with sixteen (16) lots and out-parcels was also approved. The approved site plan included an area previously excluded containing the Comcast office tract on Shackleford Road and incorporated the area into the overall project plan. All the conditions that were a part of the approved Conceptual PCD were incorporated into the submittal with one (1) revision. The one (1) change requested from the prior conditions was to increase the allowable restaurant square footage and place a minimum parking ratio requirement for restaurants on the site as imposed by the developer. Ordinance No. 19,699 adopted by the Little Rock Board of Directors on February 20, 2007, revised the PCD to clarify the signage plan, allow dock doors to be oriented to Shackleford Road and add food store as an allowable use for the site. On May 8, 2008, the Little Rock Planning Commission recommended approval of a request to allow a revision to the previously approved PCD for a 2.2-acre parcel located near the southeastern portion of the site immediately south of the proposed Wal-Mart retail store. The approval allowed for development of a four (4) story 92 room hotel with paved drives and parking. The hotel was not proposed with any amenities such as conference rooms, a restaurant or a bar. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. The Board of Directors approved the request on June 3, 2008, by the adoption of Ordinance No. 19,980. On July 15, 2008, the Little Rock Board of Directors approved a revision to the PCD by the adoption of Ordinance No. 19,994 to clarify and amend some of the language in the conditions. The modifications include the addition of Conditional Uses in the O-2, Office and Institutional Zoning District to the allowable uses for the office portion of the development and to increase the amount of restaurant square footage approved for the development. The revision allowed 55,000 square feet of restaurant space on the out parcels and a maximum of 80,000 square feet within the overall development. The approval also allowed a hotel on Lot 11 which is located near the southwest corner of the site. The hotel was indicated with a maximum of four (4) stories and 87 rooms. The hotel would not have a restaurant or bar associated with it but a 1,200 square foot meeting room was proposed. The approval allowed building signage on three facades of the building and a ground sign with a maximum height of thirty-six (36) feet and a maximum sign area of one hundred sixty (160) square feet. July 11, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-P 3 On January 8, 2009, the Little Rock Planning Commission denied a request by Cracker Barrel to allow the placement of temporary storage modules within the rear parking area of the restaurant to serve as temporary inventory storage for seasonal sales. The denial was not appealed to the Board of Directors for reconsideration. On February 25, 2010, the Little Rock Planning Commission was to hear a request to allow the development of Lot 5B (an out-parcel located on South Shackleford Road) with a four (4) story hotel containing 84 rooms. The applicant withdrew the item prior to the Commission hearing the request. Ordinance No. 20,282 adopted by the Little Rock Board of Directors on June 15, 2010, allowed a revision to the PCD to allow the construction of a four (4) story hotel containing 72 guest rooms on a 1.8 acre lot within Shackleford Crossing Subdivision. The development was proposed containing 80 parking spaces. The hotel was proposed as a LaQuinta Inn and Suites. The hotel was proposed with a meeting facility and indoor pool area but did not include a full service restaurant or bar. This hotel was not constructed. Ordinance No. 20,425 adopted by the Little Rock Board of Directors on April 19, 2011, allowed a revision to the PCD by splitting Lot 4B into Lots 4B-R2 (+/- 0.81 acres) and 4D (+/- 1.0 acres). The approval allowed an express tunnel carwash to be developed on Lot 4B-R2. The carwash has been constructed. On October 16, 2012, the Little Rock Board of Directors adopted Ordinance No. 20,647 allowing a modification to the previously approved pylon signs. The height nor the width of the existing signs changed. The height of the signs was 35-feet with a signage area of 340 square feet. The approval added additional panels to the lower portion of the sign which were open. The additional space added up to eight (8) panels on each pylon sign. Each panel was two (2) to three (3) feet tall and ten (10) feet wide. The maximum additional sign area approved was 240 square feet On December 13, 2012, the Planning Commission provided a recommendation of approval for a revision to the PCD for Lot 5B to allow the construction of a 4-story 82-room hotel. The maximum building height indicated was 60-feet. The cover letter stated within the hotel there would be meeting room space, a business center, a fitness center and a lobby bar. The hotel would offer an evening manager’s reception. The applicant requested the item not be forwarded to the Board of Directors for final approval. 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 July 11, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-P 4 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. On July 9, 2013, the Little Rock Board of Directors reviewed a request to allow a modification to the previously approved site plan to add 43 additional parking spaces in the Tract B area (adjacent to this site) and increase the overall allowance for restaurant usage from 80,000 square feet to 90,000 square feet within the overall shopping center. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: BJ’s Restaurants is proposing a new restaurant on one of the pads along Shackleford Road in the Shackleford Crossing Shopping Center. The restaurant will be constructed with the two ends fronting onto entrance drives, the front along Shackleford Road and the rear within the parking lot. The approved PCD allows signage on the out-parcels of the development on two facades. The applicant is requesting signage on all four elevations in order to provide visibility for potential guest traveling both north and south on Shackleford Road as well as guest within the shopping center. The total sign area on the front façade (east) is 56.79 square feet. The total sign area on the north, south and west elevations is 37.7 square feet. The signage plan includes the placement of a framed mural on the front, and rear elevations. B. EXISTING CONDITIONS: The shopping center has developed with a mix of retail uses. 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 not received any comment 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. July 11, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-P 5 D. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was not present. Staff presented an overview of the item stating there were no outstanding technical issues associated with the request. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. E. ANALYSIS: There were no issues raised at the June 20, 2013, Subdivision Committee meeting in need of addressing via a revised site plan. The applicant is proposing a revision to the PCD zoning for the shopping center for Lot 3 to allow building signage on all four facades of the building. The approved PCD for Shackleford Crossing allowed signage on two of the facades. The total area for exterior wall mounted signs may not exceed 10% of the wall surface area of the front wall on the tenant’s demised premises. The restaurant will be constructed with the two ends fronting onto entrance drives, the front along Shackleford Road and the rear within the parking lot. The applicant is requesting signage on all four elevations in order to provide visibility for potential guest traveling both north and south on Shackleford Road as well as guest within the shopping center. The total sign area on the front façade (east) is 56.79 square feet. The total sign area on the north, south and west elevations is 37.7 square feet. Based on signage allowed on the front façade (10%) of the wall area 435 square feet of signage would be allowed. The plan indicates the placement of less than 200 square feet of signage included on all four (4) facades. The signage plan includes the placement of a framed mural on the front, and rear elevations. The murals are different sizes on each façade. The maximum size of the front mural is 29-feet by 15-feet. The murals are not considered signage but are considered an architectural feature. Staff is supportive of the request. The site is unique in that there are access drives and street frontage on all four sides of the building. Staff does not feel the allowance of signage on all four sides of the building will adversely impact the development. F. STAFF RECOMMENDATION: Staff recommends approval of the request to allow the placement of signage on the four facades as proposed by the applicant. July 11, 2013 SUBDIVISION ITEM NO.: 8 (Cont.) FILE NO.: Z-4923-P 6 PLANNING COMMISSION ACTION: (JULY 11, 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 signage on the four facades as proposed by the applicant. 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 9 FILE NO.: Z-7421-C NAME: Mid-town Revised Short-form PCD LOCATION: Located in the 200 Block of North University Avenue DEVELOPER: Miller Capital Advisory, Inc. c/o Greg McGahey UCR 8080 Park Lane, Suite 800 Dallas, TX 75231 ENGINEER: White-Daters and Associates Attn. Tim Daters 24 Rahling Circle Little Rock, AR 72223 AREA: 10.12 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: C-3, General Commercial District uses PROPOSED ZONING: Revised PCD PROPOSED USE: Add additional square footage to the overall shopping center VARIANCES/WAIVERS REQUESTED: None requested. The applicant failed to respond to comments raised at the June 20, 2013, Subdivision Committee meeting. Staff recommends deferral of this item to the August 22, 2013, public hearing. PLANNING COMMISSION ACTION: (JULY 11, 2013) The applicant was present. There were no registered objectors present. Staff presented them item stating the applicant had failed to respond to comments raised at the June 20, 2013, Subdivision Committee meeting. Staff presented a recommendation of deferral of the item to the August 22, 2013, public hearing. July 11, 2013 SUBDIVISION ITEM NO.: 9 (Cont.) FILE NO.: Z-7421-C 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 10 FILE NO.: Z-7895-B NAME: 7th and Woodrow Revised Short-form PCD LOCATION: Located at 712 – 724 Appian Way DEVELOPER: Abernathy – Wilkes of AR, LLC 3519 Old Cantrell Road Little Rock, AR 72202 ENGINEER: GarNat Engineering, LLC P.O. Box 116 Benton, AR 72018 AREA: 0.688 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: PCD and R-2, Single-family ALLOWED USES: Restaurant and Single-family PROPOSED ZONING: PCD PROPOSED USE: Office Warehouse VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,820 adopted by the Little Rock Board of Directors on September 18, 2007, rezoned the property from R-2, Single-family to PCD to allow the development of a site containing 1.29 acres with a restaurant and office use. The proposed development had frontage on Woodrow, West 7th, Appian Way and I-630. The development has not occurred and the approved site plan and PCD zoning have expired. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is requesting revocation of the PCD zoning which was approved in September 2007 by the adoption of Ordinance No. 19,820. The underlying zoning for the lots is R-2, Single-family. The request also includes a rezoning of July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 2 Lots 14 – 17 Block 12 of the Ferndale Addition to the City of Little Rock, Arkansas from the underlying R-2, Single-family zoning to PCD. The lots front on Appian Way. The development includes the construction of a new warehouse which will be constructed as an addition to an existing single-family home located on Lot 15. The single-family home will be concerted to office space. The floor level of the warehouse will match the basement level of the existing dwelling. The warehouse is proposed as 60-feet by 100-feet. The house located on Lot 16 will be removed with the proposed development. Parking and landscaping will be added to the site. B. EXISTING CONDITIONS: The area proposed for rezoning contains two single-family homes both appear to be occupied. Across from the site, on the east side of along Appian Way, there are single-family homes backing up to a property zoned PCD which is a vacant commercial building. North of the site are single-family homes fronting West 7th Street. On the northwest corner of Appian Way and West 7th Street is a non-residential building. On the northeast corner is a church which is also a City of Little Rock Alert Center. Appian Way is an unimproved narrow street with open ditches for drainage. 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 Capitol View Stifft Station Neighborhood Association and the Capitol Hill Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. With site development, provide design of street conforming to the Master Street Plan. Construct one-half street improvement to Appian Way Street including 5-foot sidewalks with the planned development. The new back of curb should be 15.5 feet from centerline. 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). July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 3 3. 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. 4. Stormwater detention will not apply to the proposed development. 5. A special Grading Permit for Flood Hazard Areas will be required per Section 8-283 prior to construction. 6. The minimum Finish Floor elevation of at least one (1) foot above the base flood elevation is required to be shown on plat and grading plans. 7. 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. 8. Driveway locations and widths do not meet the traffic access and circulation requirements of Sections 30-43 and 31-210. On commercial streets, spacing between driveways is 250 feet and 125 feet from side property lines. Variances must be requested for the driveway locations. 9. A Land Alteration Variance must be requested for slopes steeper than 3:1. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Entergy distribution is agreeable to this plan, but a copy has been forwarded to Entergy Transmission since an overhead transmission line exists on the front (east) side of the property. A letter dated June 12, 2013 from Entergy Transmission, has been provided to the applicant stating concern over the proposed development. The applicant is working with Entergy to address their concerns. 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. July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 4 2. The Little Rock Fire Department needs to evaluate this site to determine whether additional public or private fire hydrant(s) will be required. If additional fire hydrant(s) are required, they will be installed at the Developer’s expense. If required then a water main extension will be needed to provide water service to this property. 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 the Little Rock Fire Department is required. 4. Contact Central Arkansas Water regarding the size and location of the water meter. 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. Contact Central Arkansas Water if additional fire protection or metered water service is required. 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 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. 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. July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 5 CATA: The site is located directly adjacent to CATA Bus Routes #17, #5 and #26. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Mixed Office Commercial (MOC) for this property. The Mixed Office Commercial category provides for a mixture of office and commercial uses to occur. Acceptable uses are office or mixed office and commercial. A Planned Zoning District is required if the use is mixed office and commercial. The applicant has applied for a rezoning from PCD (Planned Commercial District) to PCD (Planned Commercial District) to allow the development of an office – warehouse use on the site. Master Street Plan: Appian Way is a Local Street on the Master Street Plan. The primary function of a Local Street is to provide access to adjacent properties. Local Streets that are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as “Commercial Streets”. A Collector design standard is used for Commercial Streets. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: There 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 property along the northern property line is zoned R-3; therefore, a twelve foot (12’) wide land use buffer is required. The site is located within the designated mature area of the City and may qualify for a 25% reduction in the required landscape buffer strip. Seventy percent (70%) of the buffer area is to remain undisturbed. 3. The zoning street buffer requires a nine foot wide (9’) street buffer along Appian Way Street. The area is located within the “Designated Mature Area” of the City which may allow a reduction in the buffer area by 25%; therefore, this amount can be reduced down to six foot nine inches (6’-9”). 4. The landscape ordinance requires a nine foot wide perimeter landscape strip around the sites entirety. A variance from the City Beautiful Commission must be obtained prior to the issuance of a building permit. July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 6 5. It appears the front parking lot can be shifted close the west; allowing for these minimal green space distances. 6. Eight percent (8%) of the vehicular use area must be designated for green space; this green space needs to be evenly distributed throughout the parking area(s). Interior islands must be a minimum of one hundred and fifty (150) feet in area to qualify and be seven and one half (7 ½) feet in width. 7. A small amount of building landscaping will be required. 8. Is the rip-rap proposed or existing? If riprap is the preferred choice for grading/stabilization it will need to have some type of vegetation coverage for an aesthetic appeal/appearance. 9. 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: (June 20, 2013) Mr. Vernon Williams was 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 stated the originally approved PCD included a land area much larger than the current request. Staff questioned if the original PCD would be revoked. Staff questioned the proposed building height, the proposed use of the structure and the days and hours of operation. Public Works comments were addressed. Staff stated right of way dedication and street construction would be required in conjunction with the proposed development. Staff also stated the City’s Stormwater Detention ordinance would apply to the development of the site. Staff stated a special grading permit would be required for grading within the flood hazard area. Staff stated the driveway spacing indicated on the site plan did not comply with typical ordinance standards and would require a variance from Sections 30-43 and 31-210. Landscaping comments were addressed. Staff stated the plan did not include the required buffer and screening along the northern perimeter. Staff also stated the street buffer did not comply with the typical ordinance standards. Staff stated a minimum of eight percent (8%) of the parking areas would require landscaping. Staff noted a small amount of building landscaping would be required with the development of the site. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 7 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 issues raised at the June 20, 2013, Subdivision Committee meeting. The applicant is corresponding directly with Entergy concerning their comments and concerns related to the site development. Prior to the issuance of a building permit staff will ensure Entergy is agreeable to the proposed development plan. The applicant is requesting revocation of the PCD zoning which was approved in September 2007, by the adoption of Ordinance No. 19,820. The underlying zoning is R-2, Single-family. The revocation includes Lots 2 – 6, 7 – 10 and 14 – 16 Block 2 Ferndale Addition to the City of Little Rock, Pulaski County, Arkansas. The applicant is proposing a PCD zoning to allow the development of Lots 14 – 17 Block 12 of the Ferndale Addition to the City of Little Rock, Arkansas. The lots front on Appian Way. There are two single-family homes located on the site, one of which will be removed. The remaining home will be converted to an office for a new warehouse to be constructed. The warehouse is proposed as 60-feet by 100-feet containing 6,000 square feet. The floor level of the warehouse will match the basement level of the existing dwelling. The maximum building height proposed is 35-feet. The use of the building is proposed as office warehouse. The days and hours of operation are proposed from 8:00 am to 5:00 pm Monday through Friday. No signage will be installed with the initial development of the site. The applicant is requesting signage as allowed in office zones for future placement both on the building and ground signage. Building signage would be limited to a maximum of ten (10) percent of the front façade. Ground signage would be limited to a maximum height of six 6) feet and a maximum sign area of sixty-four (64) square feet. The site plan includes the placement of a six (6) foot wood fence along the northern perimeter adjacent to the residentially zoned and used property. With the revocation the remaining perimeters will be restored to R-2, Single-family. The applicant is requesting to not screen the remaining areas since they are under the applicant’s ownership. The request includes grading within the buffer area to raise the building out of the floodplain. Staff is supportive of the request. July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 8 The site plan includes the placement of 17 parking spaces. The existing office use would typically require two (2) parking spaces and the warehouse portion of the development would require the eight (8) parking spaces. Staff is supportive of the parking as proposed. Staff is supportive of the request. Staff feels since the previous development will not be implemented the PCD zoning should be revoked. Staff is supportive of the applicant’s rezoning request to PCD for the proposed office warehouse development. 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. Staff recommends approval of the request to allow grading within the land use buffers as proposed by the applicant. PLANNING COMMISSION ACTION: (JULY 11, 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. Staff presented a recommendation of approval of the request to allow grading within the land use buffer as proposed by the applicant. Staff presented a recommendation of approval of the variance request from Sections 30-43 and 31-210 to allow the placement of two driveways on Appian Way to access the site. Staff also recommended approval of the revocation request of the previously approved PCD zoning. Mr. Vernon Williams addressed the Commission stating the owners would reserve their time until after the opposition spoke. Ms. Teresa Perry, President of the Capitol View Stifft Station Neighborhood Association, addressed the Commission in opposition of the request. She stated the neighborhood was opposed to the rezoning due to lack of information. She stated the Neighborhood Association worked with Mr. Abernathy in his rezoning request in 2007. She stated the property was located adjacent to a creek. She stated the area along Woodrow Street was a dumping ground. She stated she had been trying to gather information on the potential owner and developer of the property and was informed today the buyer would July 11, 2013 SUBDIVISION ITEM NO.: 10 (Cont.) FILE NO.: Z-7895-B 9 be US Pizza. She questioned why the developers wanted to remove two residential units from the site. She felt the development should occur on the vacant property located on Woodrow Street. She stated the neighborhood wanted to be informed and wanted to know what was going on in their neighborhood. Ms. Maxine Waters addressed the Commission in opposition of the request. She stated she had lived in the area since 1992 and did not desire to sell her property or to sell her restaurant. She stated the restaurant was closed but would be open in the next few months. She stated she did not support the placement of the warehouse within the residential area of the neighborhood. Mr. Mark Abernathy addressed the Commission on the request. He stated he was the owner of the property and had revealed as much information as he felt comfortable with the buyer and seller negotiations. He stated he was unaware of any issues until this morning. He stated he had not been invited to speak with the Board and would have been happy to show up if invited. He stated the buyer was not contacted to meet with the Neighborhood Association. The Commission questioned if Mr. Abernathy was willing to defer the item to the August 22nd meeting to allow time to meet with the Neighborhood Association. He stated he would meet with the Association between the Planning Commission meeting and the Board of Directors meeting. He stated a lot could happen in six weeks. There was a general discussion by the Commission concerning the proposed use and the placement of the office warehouse at this location. The buyer’s representative stated this location best served their needs. He stated the area along Woodrow was not the desired location for the office warehouse. Ms. Penny stated there were several concerns the neighborhood had raised. She stated the neighborhood wanted to see elevations, the height of the building, the materials. She stated the neighborhood was concerned the development was not being located on vacant land but was taking away two residential homes from the area. She stated both homes were occupied and was concerned the area would change from residential. The Commission stated there would be time for the residents to get their questions answered prior to the Board of Directors meeting. 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 and 3 absent. July 11, 2013 ITEM NO.: 11 FILE NO.: Z-8869 NAME: Pearl Management Short-form PD-R LOCATION: Located at 324 S. Schiller Street DEVELOPER: Pearl Management 14 Woodberry Road Little Rock, AR 72212 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.14 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-3, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Two residential units without the owner living on-site VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The request is a rezoning from R-3, Single-family to PD-R to allow the conversion of an existing accessory building into a residential unit. The applicant is requesting the rezoning to allow the use as an accessory dwelling and not require the owner of the property to reside in the primary residence. The request also includes the allowance of separate meters to serve the two (2) units. B. EXISTING CONDITIONS: Both South Schiller and West 4th Streets are narrow streets with no curb, gutter or sidewalk in place. The property contains a single-family home with an accessory building in the rear yard. There is a six foot wooden fence along West 4th Street enclosing the rear of the property. To the west is vacant R-5 zoned July 11, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8869 2 property and to the south is vacant I-2, Light Industrial zoned property. Across South Schiller Street are single-family homes also located on I-2, Light Industrial zoned property. 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 Capitol View Stifft Station Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments. 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. No objections. 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 the water meter. 3. If there are facilities that need to be adjusted and/or relocated, contact Central Arkansas Water. That work would be done at the expense of the developer. Fire Department: 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 less than ¼ mile from CATA Bus Route #5. Parks and Recreation: No comment received. July 11, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8869 3 F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the I-630 Planning District. The Land Use Plan shows Residential Low Density (RL) for this property. Residential Low Density is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-3 (Single-Family District) to PDR (Planned District Residential) to allow for the conversion of an existing structure into a residential unit allowing two residential units on the site, with the owner not living on-site. Master Street Plan: Schiller and 4th Streets are both Local Streets on the Master Street Plan. 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: (June 20, 2013) The applicant was not present. Staff presented an overview of the item stating there were no outstanding technical issues in need of addressing associated with the request. Staff stated the request was to allow the conversion of an existing accessory structure on the site into a residential unit. Staff noted the owner would not live on-site thus requiring the rezoning to PD-R. 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 June 20, 2013, Subdivision Committee meeting. The request is a rezoning from R-3, Single-family to PD-R to allow the conversion of an existing accessory building into a residential unit. The applicant is requesting the rezoning to not require the owner of the property to reside in the primary residence. The primary residence contains 1,175 square feet and the accessory dwelling contains 750 square feet. The applicant has indicated presently the owner resides in the primary residence but in the future both the primary residence and July 11, 2013 SUBDIVISION ITEM NO.: 11 (Cont.) FILE NO.: Z-8869 4 the accessory dwelling may be marketed as rental property. The applicant is seeking approval for separate utilities for the two structures. Presently there is no on-site paved parking for the units. It appears the occupants are parking in the right of way of West 4th Street. There appears to be adequate area to add a hard packed parking area to the site in the rear yard area. Section 36-502(b)(1) states single-family dwelling units are to provide one space per dwelling unit. Staff feels there is sufficient area within the rear yard to provide a parking pad to serve two (2) vehicles. Staff is supportive of the request. Staff does not feel the conversion of the existing accessory building into an accessory residential unit will adversely impact the area. Staff does however recommend the applicant provide on-site parking adequate to meet the typical standards of the zoning ordinance. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the applicant provide a hard packed parking area on-site to allow parking for two (2) vehicles. PLANNING COMMISSION ACTION: (JULY 11, 2013) Mr. David Pearlstein was present representing the request. There were registered objectors present. Staff presented the item stating the applicant had submitted a request dated July 10, 2013, requesting deferral of this item to the August 22, 2013, public hearing. Staff stated the deferral request would require a waiver of the Commission’s By-laws with regard to the timing of the deferral request and the request not being made a minimum of 5-days prior to the 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 By-law waiver request. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 12 FILE NO.: Z-8870 NAME: Haskins Short-form PD-R LOCATION: Located at 4001 N. Lookout Street DEVELOPER: James and Nancy Haskins c/o Concept Dwellings LLC 12 Blue Green Bellaire, TX 77401 SURVEYOR: Brooks Surveying 20820 Arch Street Pike Hensley, AR 72065 AREA: 0.14 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: R-2, Single-family ALLOWED USES: Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family – Hillcrest DOD VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The applicant is proposing the rezoning of the property located at 4001 N. Lookout from R-2, Single-family to PD-R to allow the placement of an open carport and covered deck within the front yard as a part of the remodeling of the residence. The property is located on a corner, triangular shaped site within the Hillcrest Design Overlay District. The original structure sits on the site parallel to N. Lookout approximately 36-feet from the street. The overlay allows the front setback to be within 10-percent variation of the adjoining principal structure. The current structure is set closer to the street than the adjacent neighbor. July 11, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8870 2 The proposed carport/deck addition will extend toward N. Lookout by approximately 11-feet. The original structure has a single carport. The request would allow an addition to the existing carport to accommodate two vehicles. The carport will be open on three sides. The roof of the carport extension will be used a deck. B. EXISTING CONDITIONS: This area of North Lookout is single-family. Located across North Lookout to the west is Alsop Park. The site is abutted by three (3) streets, North Lookout, Read and North Elm Streets. The abutting streets have not been constructed with curb, gutter or sidewalk. 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 Hillcrest Residents Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comments. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No objection. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. No objections. 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 the water meter. 3. 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. July 11, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8870 3 Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is located in proximity to CATA Bus Route #21. 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 is for single-family homes at densities no greater than six dwelling units per acre. The applicant has applied for a rezoning from R-3 (Single-Family District) to PDR (Planned District Residential) to allow for the development of a single-family home within the Hillcrest Design Overlay District. Master Street Plan: Read and Elm Streets are both Local Streets and North Lookout is a Collector on the Master Street Plan. 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. 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: No comment. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was present. Staff presented an overview of the development stating there were no outstanding technical issues in need of addressing associated with the request. Staff stated the site was located within the Hillcrest Design Overlay District. Staff stated the applicant was proposing an addition to the home to extend the existing carport to accommodate two (2) cars. Staff stated with the addition the structure did not comply with the typical setbacks of the DOD. Staff noted comments from the other reporting departments and agencies suggesting the applicant contact them individually for additional clarification. July 11, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8870 4 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 June 20, 2013, Subdivision Committee meeting. The applicant is requesting a rezoning from R-2, Single-family to PD-R to allow a carport addition to the existing structure. The roof of the carport will be used as an outdoor deck. The property is located within the Hillcrest Design Overlay District which has established criteria for development of residential lots. The approval will allow the placement of an open carport and covered deck within the front yard on North Lookout. The existing residence has a single carport and with the remodeling of the residence the applicant is requesting to add space for a second vehicle. The property is located on a corner, triangular shaped site with street frontages on Elm, Read and North Lookout Streets. The home as originally constructed sits on the site parallel to North Lookout approximately 36-feet from the street. The carport will be open on three sides. The overlay allows the front setback to be within 10-percent variation of the adjoining principal structure. The current structure is set closer to the street than the adjacent neighbor. The adjacent structure is located 70.6-feet from the front property line. The proposed carport/deck addition will extend toward North Lookout by approximately 11-feet resulting in a 25-foot front yard setback. All other aspects of the development will comply with the Hillcrest Design Overlay District. Staff is supportive of the request. Staff does not feel the allowance of the setback along North Lookout as proposed will adversely impact the area. The renovation and addition will comply with all other standards of the Hillcrest Design Overlay District. 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: (JULY 11, 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 July 11, 2013 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8870 5 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 13 FILE NO.: Z-8871 NAME: K Lofts LLC, 315 Main Street Short-form PCD LOCATION: Located at 315 Main Street DEVELOPER: Scott Reed & K Lofts LLC 1001 SW 5th Avenue, Suite 1100 Portland, OR 97204 ENGINEER: Paul D. Fleming, PE SECB 18 Essay Drive Little Rock, AR 72223-9142 AREA: 7,024 Sq. Ft. NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Residential, Office, Commercial PROPOSED ZONING: PCD PROPOSED USE: Allow multi-family density at a rate greater than the UU Zoning District and allow a private club VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The owners of K Lofts LLC a registered Limited Liability Corporation in the State of Arkansas, are applying for a change in the zoning status for the property commonly known as 315 Main Street located in Little Rock, Arkansas and previously known as the Gus Blass Wholesale Company Building. Presently at the property the bottom two floors are retail containing a completely rehabbed space under the operation of Montego’s Café. This popular site operates during the week and weekend and has become a destination for both food and live music. July 11, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8871 2 The property is presently zoned UU, Urban Use District. The current plan for the upper stories of this historic building are 32 apartments spread out over 5 floors. The property will have a completely updated and modern sprinkler and fire system, elevators, new stairs serving the entire building and modern apartment units with a host of upgraded amenities for the tenants within the property. Parking while not required under the UU zoning will be provided at the 2nd Street parking deck a block away from the property for tenants. Density limits for apartments in the UU Zoning District are 72 units per acre of land. The property land area is approximately 7,000 square feet, which would only allow the development of 12 units. The applicant is applying for a more dense multi-family development to allow 32 residential units and one commercial unit within the 5-story building. To allow the density desired the applicant is proposing a rezoning to PCD maintaining the UU, Urban Use District uses as allowable uses for the property. The request also includes the allowance of a private club within the building. Montego Café plans to provide a full service restaurant offering lunch, dinner and/or brunch seven days per week. The Café also offers live music, dance hall and an entertainment venue. The business will be open until 2:00 AM seven days per week. B. EXISTING CONDITIONS: The UU zoned property at 315 Main Street is occupied by a five-story commercial building. The first floor of the building contains a restaurant, Montego Café. On April 29, 2013, the Zoning Board of Adjustment approved a request to allow the restaurant to create an outdoor dining area on the west (Main Street) side of the building. 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, the MacArthur Park Neighborhood Association and the River Market 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. July 11, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8871 3 2. The proposed patio has been approved by the Board of Adjustments with conditions. Staff is currently processing a franchise permit for the patio. The drawing attached to the application does not show the approved patio setbacks. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Capacity Contribution Fee Calculation required. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. No objections. 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 the water meter. 3. 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. 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 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. July 11, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8871 4 Fire Department: Place fire hydrant(s) per code. Maintain access. Contact the Little Rock Fire Department for additional information. County Planning: No comment. CATA: Approved as submitted Parks and Recreation: No comment. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to a higher density of residential than normally within this mixed-use development. Master Street Plan: Main Street is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Main Street 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: There is a Class III Bike Route shown along Main Street. Bike Routes require no additional right-of-way or pavement markings, but only a sign to identify and direct the route. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. The scale is not 1”=30’; the sketch for the franchise application reflects a patio along the next lot; therefore, street trees for both lots will need to be in compliancy and included with this application. July 11, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8871 5 3. Per the UU district standards street trees must be installed with this application, which will include automatic irrigation and tree grates. If there are currently trees within this area they must be in good condition or replaced as a part of this application. 4. Any additional parking must be landscaped in accordance to Chapter 15 of the Landscape Ordinance, City of Little Rock. It will require additional review and approval from the Planning Department. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicants were present. Staff presented an overview of the proposed development questioning several aspects of the development. Staff questioned if there would be a food store less than 5,000 square feet selling beer or wine. Staff also questioned if request was for a private club or a special events center. The applicant stated the restaurant would operate as a private club. He stated the reason for the private club license through the Alcohol Beverage Control was to allow the business to remain open until 2 am seven days per week. He stated there would be live music and dancing would be allowed on-site. He stated the restaurant and the private club would operate during the same hours. Staff noted street trees would be required with the proposed redevelopment. The applicant stated this area of Main Street was to be redeveloped with landscaping, hardscaping and rain gardens by the City with grant funds. 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 comments to staff addressing concerns raised at the June 20, 2013, Subdivision Committee meeting. The applicant has indicated there will not be a food store less than 5,000 square feet selling beer or wine. The applicant has also indicated the units will be maintained as rental and will not be sold. The applicant is requesting to maintain the UU, Urban Use Zoning District uses as allowable uses for the property. The applicant has indicated the restaurant user will have outdoor dining within the public right of way as approved by the Zoning Board of Adjustment. July 11, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8871 6 The applicant is seeking approval of a PCD zoning for the Gus Blass Wholesale Company Building located at 315 Main Street. Presently Montego’s Café is occupying the basement and main level of the building. The request would allow the upper floors to be rehabbed into 32 apartments spread out over 5 floors. Within the 2nd floor tenant space will be reserved for flex space to allow small office or retail users. The requested rezoning to PCD will allow for additional density in the upper floors for apartments. The property contains 7,000 square feet and is proposed for development of up to 32 unit which results in a density for the site of 200 units per acre. The UU, Urban Use Zoning District allows for development of multi-family at a density of 72 units per acre. Within the UU, Urban Use Zoning District no off-street parking is required. Parking, while not required under the UU zoning, will be provided at the 2nd Street parking deck a block away from the property for tenants. The request also includes the allowance of a private club within the building. Montego Café plans to provide a full service restaurant offering lunch, dinner and/or brunch seven days per week. The Café also offers live music, dance hall and an entertainment venue. The approval of the private club would allow the restaurant to be open until 2:00 AM seven days per week. The applicant has indicated lighting, will be placed so as to reflect away from adjacent residential structures. The fixtures adjacent to the roadways will be designed to minimize glare to the motoring public. Signage will comply with signage allowed within the UU, Urban Use Zoning District. The applicant does not anticipate the placement of ground signage with the redevelopment of the site. Section 36-342.1 states objects shall not project from the building façade over the public right of way except for awnings, balconies and signs as specified in Section 36-553. Awnings shall not project more than 5-feet from the building façade and have a minimum clearance of 8-feet above the sidewalk. Balconies over the public right of way shall have a minimum clearance of 9-feet above the sidewalk. The maximum projection shall be 4-feet. The applicant has indicated no new projections or awnings will be added to the building. Section 36-342.1 states street trees a minimum of three inch caliper shall be required. The trees shall be located a minimum of 2-feet off the back of curb and 30-feet on center and no closer than 30-feet to a street intersection with a water source provided. Tree canopy shall be maintained at least 8-feet above the July 11, 2013 SUBDIVISION ITEM NO.: 13 (Cont.) FILE NO.: Z-8871 7 sidewalk. The applicant has indicated they will work with the City in developing the streetscape for this area. Staff is supportive of the request. Staff does not feel the rezoning to PCD to allow an increase in the allowable density of multi-family for this site will adversely impact the area. Staff is also supportive of the allowance of a private club to allow the restaurant user located on the site to operate until 2:00 am seven days per week. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 11, 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 14 FILE NO.: Z-8872 NAME: The MM Cohn Building Main Street Lofts LLC, 510 Main Street Short-form PCD LOCATION: Located at 510 Main Street DEVELOPER: Scott Reed & Main Street Lofts, LLC 1001 SW 5th Avenue, Suite 1100 Portland, OR 97204 ENGINEER: Paul D. Fleming, PE SECB 18 Essay Drive Little Rock, AR 72223-9142 AREA: 12,628 Sq. Ft. NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Residential, Office, Commercial PROPOSED ZONING: PCD PROPOSED USE: Allow multi-family density at a rate greater than the UU Zoning District VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The owners of Main Street Lofts LLC, a registered Limited Liability Corporation in the State of Arkansas, are applying for a change in the zoning status for the property commonly known as 510 Main Street located in Little Rock, Arkansas and previously known as the MM Cohn Department Store Building. The MM Cohn Building has a significant history with the City of Little Rock. Built in the 1930’s this site was a hub for both commercial and cultural events along Main Street for nearly 50 years. With its distinctive art deco façade the MM Cohn Building is a notable historic property along Main Street. The property went July 11, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8872 2 vacant in the early period of the 1980’s and has set empty for nearly 30+ years. Main Street Lofts acquired the property in the summer of 2012. The first floors of the property will contain the Arkansas Symphony and a future restaurant or commercial tenant. The basement of the property is set to become parking for tenants and the upper floors 2 – 5 are designed to allow for up to 38 apartment units with tenant amenities such as gyms, theaters, conferencing areas, party rooms, and a proposed rooftop pool and gathering area for guest. The current zoning of the property is UU, Urban Use District which would allow 22 multi-family units. The request is to rezone the property to PCD to allow for additional density in the upper floors for apartments as well as commercial/office uses on the ground floors and basement. The property contains 12,628 square feet and is proposed for up to 38 units. The request also includes the allowance of use of the rooftop for outdoor uses. While parking is not required under the UU, Urban Use Zoning District the development will provide on-site parking in the basement of the Arkansas Annex and MM Cohn Building for up to 55 tenants, additional parking located on the street, in decks and surface lots is ample in the area and within walking distance of the development. B. EXISTING CONDITIONS: The building is a vacant five story commercial building. There are a number of buildings currently under renovation within this area of Main Street. Across Main Street is a building renovated as office space and owned by the State of Arkansas. 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, the MacArthur Park Neighborhood Association and the River Market 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. July 11, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8872 3 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. No objections. 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 the water meter. 3. 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. 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 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: Approved as submitted July 11, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8872 4 Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to a higher density of residential than normally within this mixed-use development. Master Street Plan: Main Street is a Minor Arterial on the Master Street Plan. A Minor Arterial provides connections to and through an urban area and their primary function is to provide short distance travel within the urbanized area. Entrances and exits should be limited to minimize negative effects of traffic and pedestrians on Main Street 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: There is a Class III Bike Route shown along Main Street. Bike Routes require no additional right-of-way or pavement markings, but only a sign to identify and direct the route. Landscape: 1. Site plan must comply with the City’s landscape and buffer ordinance requirements. 2. Per the UU district standards street trees must be installed with this application, which will include automatic irrigation and tree grates. If there are currently trees within this area they must be in good condition or replaced as a part of this application. 3. Any additional parking must be landscaped in accordance to Chapter 15 of the Landscape Ordinance, City of Little Rock. It will require additional review and approval from the Planning Department. July 11, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8872 5 G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicants were present. Staff presented an overview of the proposed development questioning several aspects of the development. Staff questioned if there would be a food store less than 5,000 square feet selling beer or wine. Staff questioned if the units would be owner occupied or rental units. The applicant stated the units would not be sold. Staff questioned if the development would maintain the UU, Urban Use District uses as allowable uses for the property. The applicant stated the UU, Urban Use Zoning District uses would be maintained. Staff noted street trees would be required with the proposed redevelopment. The applicant stated this area of Main Street was to be redeveloped with landscaping, hardscaping and rain gardens by the City with grant funds. 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 comments to staff addressing concerns raised at the June 20, 2013, Subdivision Committee meeting. The applicant has indicated there will not be a food store less than 5,000 square feet selling beer or wine. The applicant has also indicated the units will be maintained as rental and will not be sold. The applicant is requesting to maintain the UU, Urban Use Zoning District uses as allowable uses for the property. The applicant has indicated any potential restaurant user will not have outdoor dining within the public right of way. The applicant is seeking approval of a PCD zoning for the MM Cohn Department Store Building located at 510 Main Street. The first floors of the property will contain the Arkansas Symphony and a future restaurant or commercial tenants. The basement of the property is set to become parking for tenants and the upper floors 2 – 5 are designed to allow for up to 38 apartment units with tenant amenities such as a gym, theater, conferencing area, party rooms, and a proposed rooftop pool and gathering area for guest. The approval of the PCD would include the allowance of outdoor activities on the rooftop. The requested rezoning to PCD will allow for additional density in the upper floors proposed for apartments. The property contains 12,628 square feet and is proposed for development of up to 38 apartment unit which results in a density July 11, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8872 6 for the site 131 units per acre. The UU, Urban Use Zoning District allows for development of multi-family at a density of 72 units per acre. Within the UU, Urban Use Zoning District no off-street parking is required. While parking is not required under the UU, Urban Use Zoning District the development will provide on-site parking in the basement of the Arkansas Annex and MM Cohn Building for up to 55 tenants. Additional parking is located on the street, in decks and surface lots which are within walking distance of the development. The applicant has indicated lighting, will be placed so as to reflect away from adjacent residential structures. The fixtures adjacent to the roadways will be designed to minimize glare to the motoring public. Signage will comply with signage allowed within the UU, Urban Use Zoning District. The applicant does not anticipate the placement of ground signage with the redevelopment of the site. Section 36-342.1 states objects shall not project from the building façade over the public right of way except for awnings, balconies and signs as specified in Section 36-553. Awnings shall not project more than 5-feet from the building façade and have a minimum clearance of 8-feet above the sidewalk. Balconies over the public right of way shall have a minimum clearance of 9-feet above the sidewalk. The maximum projection shall be 4-feet. The applicant has indicated no new projections or awnings will be added to the building. Section 36-342.1 states street trees a minimum of three inch caliper shall be required. The trees shall be located a minimum of 2-feet off the back of curb and 30-feet on center and no closer than 30-feet to a street intersection with a water source provided. Tree canopy shall be maintained at least 8-feet above the sidewalk. The applicant has indicated they will work with the City in developing the streetscape for this area. Staff is supportive of the request. Staff does not feel the rezoning to PCD to allow an increase in the allowable density of multi-family or the allowance of the roof for outdoor activities for the tenants of the building will adversely impact the area. 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. July 11, 2013 SUBDIVISION ITEM NO.: 14 (Cont.) FILE NO.: Z-8872 7 PLANNING COMMISSION ACTION: (JULY 11, 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 recusal (Chairman Rector). July 11, 2013 ITEM NO.: 15 FILE NO.: Z-8873 NAME: Capitol Lofts LLC, the Hall Davidson Building, 201 – 205 Capitol Avenue Short-form PCD LOCATION: Located at 201 – 205 Capitol Avenue DEVELOPER: Scott Reed & Capitol Lofts LLC 1001 SW 5th Avenue, Suite 1100 Portland, OR 97204 ENGINEER: Paul D. Fleming, PE SECB 18 Essay Drive Little Rock, AR 72223-9142 AREA: 0.3859 acres NUMBER OF LOTS: 1 zoning lot FT. NEW STREET: 0 LF CURRENT ZONING: UU, Urban Use District ALLOWED USES: Residential, Office, Commercial PROPOSED ZONING: PCD PROPOSED USE: Allow multi-family density at a rate greater than the UU Zoning District VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Capitol Lofts LLC is purchasing the Hall and Davidson Building located between 201 – 215 Capitol Avenue at the corner of Louisiana Street from Robert G. Davidson. Capitol Lofts LLC after closing will remediate the environmental issues within both the Hall and Davidson Properties and rehab the upper floors of the 65,000 square foot buildings to allow for 56 multi-family units. Presently the property is zoned UU, Urban Use District. The UU zoning allows for 72 apartment units. The site contains 0.3859 acres in the Original City of Little Rock allowing for a total of 29 apartments. The applicant is proposing a July 11, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8873 2 rezoning to allow the density to be increased. The UU, Urban Use Zoning District uses will remain as allowable uses for the property. The applicant will provide parking via a lease agreement for 60 parking spaces with the property owner located directly behind the building for the tenants use. The ground floor will contain commercial and office uses. Floors 2 – 5 will be developed into 56 apartment units. B. EXISTING CONDITIONS: The site is located downtown in the Urban Core of the City. The building is a five (5) story building with multiple tenant lease spaces on the lower level. This area of Capitol Avenue is tree lined. There are several multi-story office buildings located in this block. 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, the MacArthur Park Neighborhood Association and the River Market 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. Capacity Contribution Fee Calculation required. Contact Little Rock Wastewater for additional information. Entergy: No comment received. Center-Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: 1. No objections. All Central Arkansas Water requirements in effect at the time of request for water service must be met. July 11, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8873 3 2. Contact Central Arkansas Water regarding the size and location of the water meter. 3. 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. 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 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: Approved as submitted. Parks and Recreation: No comment received. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Downtown Planning District. The Land Use Plan shows Mixed Use Urban (MXU) for this property. The Mixed Use Urban category provides for a mix of residential, office and commercial uses not only in the same block but also within the same structure. This category is intended for older "urban" areas to allow dissimilar uses to exist, which support each other to create a vital area. Development should reinforce the urban fabric creating a 24-hour activity area. Using the Planned Zoning District or the Urban Use District, high and moderate density developments that result in a vital (dense) pedestrian oriented area are appropriate. The applicant has applied for a July 11, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8873 4 rezoning from UU (Urban Use District) to PCD (Planned Commercial District) to a higher density of residential than normally within this mixed-use development. Master Street Plan: Capitol Avenue 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. 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. Per the UU district standards street trees must be installed with this application, which will include automatic irrigation and tree grates. If there are currently trees within this area they must be in good condition or replaced as a part of this application. If the street trees are being proposed to be removed with this application they need to be replaced per the Tree Credit Chart in Chapter 15 of the Landscape Ordinance, City of Little Rock. 3. The street trees along Capitol Avenue will need to be the designated street type for the Capitol Corridor. 4. Any additional parking must be landscaped in accordance to Chapter 15 of the Landscape Ordinance, City of Little Rock. It will require additional review and approval from the Planning Department. G. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicants were present. Staff presented an overview of the proposed development questioning several aspects of the development. Staff questioned if there would be a food store less than 5,000 square feet selling beer or wine. Staff questioned if the units would be owner occupied or rental units. The applicant stated the units would not be sold. Staff questioned if the development would maintain the UU, Urban Use District uses as allowable uses for the property. The applicant stated the UU, Urban Use Zoning District uses would be maintained. 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. July 11, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8873 5 H. ANALYSIS: The applicant submitted revised comments to staff addressing concerns raised at the June 20, 2013, Subdivision Committee meeting. The applicant has indicated there will not be a food store less than 5,000 square feet selling beer or wine. The applicant has also indicated the units will be maintained as rental and will not be sold. The applicant is requesting to maintain the UU, Urban Use Zoning District uses as allowable uses for the property. The applicant has indicated any potential restaurant user will not have outdoor dining within the public right of way. The applicant is seeking approval of a PCD zoning for the Hall and Davidson Building located between 201 – 215 Capitol Avenue. The developer intends to rehab the upper floors of the 65,000 square foot buildings to allow for 56 multi-family units. The street level will be marketed as retail to users which are allowed within the UU, Urban Use Zoning District. The site contains 0.3859 acres. The UU, Urban Use Zoning District typically allows multi-family to develop at a density of 72 units per acre. The development as proposed would allow an increase in density to 143 units per acre. Within the UU, Urban Use Zoning District no off-street parking is required. The applicant has stated parking will be provide for the residents via a lease agreement for 60 parking spaces within a parking lot located directly behind the building. The applicant has indicated lighting, will be placed so as to reflect away from adjacent residential structures. The fixtures adjacent to the roadways will be designed to minimize glare to the motoring public. Signage will comply with signage allowed within the UU, Urban Use Zoning District. The applicant does not anticipate the placement of ground signage with the redevelopment of the site. Section 36-342.1 states objects shall not project from the building façade over the public right of way except for awnings, balconies and signs as specified in Section 36-553. Awnings shall not project more than 5-feet from the building façade and have a minimum clearance of 8-feet above the sidewalk. Balconies over the public right of way shall have a minimum clearance of 9-feet above the sidewalk. The maximum projection shall be 4-feet. The applicant has indicated no new projections or awnings will be added to the building. July 11, 2013 SUBDIVISION ITEM NO.: 15 (Cont.) FILE NO.: Z-8873 6 Section 36-342.1 states street trees a minimum of three inch caliper shall be required. The trees shall be located a minimum of 2-feet off the back of curb and 30-feet on center and no closer than 30-feet to a street intersection with a water source provided. Tree canopy shall be maintained at least 8-feet above the sidewalk. The applicant has indicated the development will comply with the typical requirements of the UU, Urban Use Zoning District. Staff is supportive of the request. Staff does not feel the rezoning to PCD to allow an increase in the allowable density of multi-family for this site will adversely impact the area. To staff’s knowledge there are no remaining outstanding technical issues associated with the request. I. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. PLANNING COMMISSION ACTION: (JULY 11, 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 9 ayes, 0 noes and 2 absent. July 11, 2013 ITEM NO.: 16 FILE NO.: Z-8261-A NAME: 505 Rector Street Short-form PCD Revocation LOCATION: Located at 505 Rector Street DEVELOPER: H. lee Hastings, IV Moon/Central Distributors 2800 Vance Street Little Rock, AR 72206 SURVEYOR: Brooks Surveying 20820Arch Street Pike Hensley, AR 72065 AREA: 0.43 acres NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF CURRENT ZONING: PCD ALLOWED USES: Pet daycare PROPOSED ZONING: UU, Urban Use District PROPOSED USE: Residential, Office, Commercial and Industrial – All indoor VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND: Ordinance No. 19,843 adopted by the Little Rock Board of Directors on November 6, 2007, rezoned the site from UU, Urban Use District to PCD to allow the utilization of an existing industrial building as a pet daycare. The intent was to begin with 45 dogs and be provided the ability to expand to 90 dogs as the business grew. The approval allowed an area of outdoor play for the dogs. Outdoor activities are typically not allowed in the UU, Urban Use Zoning District thus necessitating the rezoning request to PCD. The pet daycare no longer occupies the building. July 11, 2013 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8261-A 2 A. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: Per Section 36-454(d) The owner of an approved PD or PUD may, for cause, request repeal of the ordinance establishing the development when it has been determined that the development will not occur. A written request may be filed with the City staff at any time up to three (3) years after the date of adoption of the ordinance creating the PUD or PD. The request shall set forth the cause of the repeal. According to the ordinance, the Planning Commission recommendation on the repeal request shall be forwarded to the Board of Directors for their consideration. The board of directors may grant or deny the request or return the request to the planning commission for further study. If the request is approved, an ordinance shall be adopted repealing the PUD or PD. The owner has stated the pet daycare is no longer occupying the building. The owner is requesting the PCD zoning be revoked and the UU, Urban Use Zoning District zoning be restored. The approved PCD was to allow a use on the property which is not allowed under the UU, Urban Use Zoning District. There was no new construction with the approval. B. EXISTING CONDITIONS: The site contains a vacant industrial building previously used as an automobile body shop. To the west is a vacant lot and to the south is a convenience store with gas pumps. Other uses in the area include office warehouse uses, the Clinton Presidential Library, Heifer International and the Arkansas Democrat Gazette. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has not received any comment from area residents. The Hanger Hill Neighborhood Association and the MacArthur Park Property Owners Association were notified of the Public Hearing. D. SUBDIVISION COMMITTEE COMMENT: (June 20, 2013) The applicant was not present. Staff presented the item stating the request was a revocation of the previously approved PCD zoning. Staff stated 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. July 11, 2013 SUBDIVISION ITEM NO.: 16 (Cont.) FILE NO.: Z-8261-A 3 E. STAFF RECOMMENDATION: Staff recommends the current PCD zoning classification be revoked and the previously held UU, Urban Use zoning be restored. PLANNING COMMISSION ACTION: (JULY 11, 2013) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the revocation request and the restoration of the underlying UU, Urban Use District zoning. 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 9 ayes, 0 noes and 2 absent. Q � ., C] LU LLJ 0 z U) V) z z J a- w a. ^n ON -0 ar c C _0 Q U) CD Liu U) W CC LU U) m -�1 U.1 Q E ski I in in 0 1 1 Emil Bill IN I son all kill I IN in logo No 0 III a. ^n ON -0 ar c C _0 Q U) CD Liu U) W CC LU U) m -�1 U.1 Q E July 11, 2013 There being no further business before the Commission, the meeting was adjourned at 5:35 p.m.